45 | | - | [ retirement - Oklahoma Police Pension and Retirement |
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46 | | - | System - retired police officers - effective date - |
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47 | | - | emergency ] |
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| 40 | + | An Act relating to retirement; amending 11 O.S. 2021, |
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| 41 | + | Section 50-112, which relate to the Oklahoma Police |
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| 42 | + | Pension and Retirement System; allowing |
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| 43 | + | municipalities under certain population to hire |
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| 44 | + | certain retired police officers without reentering |
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| 45 | + | system; providing an effective date; and declaring an |
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| 46 | + | emergency. |
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52 | 51 | | |
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53 | 52 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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54 | 53 | | SECTION 1. AMENDATORY 11 O.S. 2021, Section 50-112, is |
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55 | 54 | | amended to read as follows: |
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56 | 55 | | Section 50-112. A. All persons employed as full-time duly |
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57 | 56 | | appointed or elected officers who are paid for w orking more than |
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58 | 57 | | twenty-five (25) hours per week or any person hired by a |
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59 | 58 | | participating municipality who is undergoing police training to |
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60 | 59 | | become a permanent police officer of the municipality shall |
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61 | 60 | | participate in the System upon initial employment with a p olice |
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62 | 61 | | department of a participating municip ality. All such persons shall |
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63 | 62 | | submit to a physical -medical examination pertaining to sight, |
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64 | 63 | | hearing, agility and other conditions the requirements of which RBH No. 7782 |
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92 | 90 | | shall be established by the State Board. The person sha ll be |
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93 | 91 | | required to complete this physical -medical examination prior to the |
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94 | 92 | | beginning of actual employm ent. This examination shall identify any |
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95 | 93 | | preexisting conditions. Except as otherwise provided in this |
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96 | 94 | | section, a police officer shall be not less than tw enty-one (21) nor |
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97 | 95 | | more than forty-five (45) years of age when accepted for membership |
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98 | 96 | | in the System. However, if a municipality should be found to be in |
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99 | 97 | | noncompliance with the provisions of Article 50 of this title, as |
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100 | 98 | | determined by the State Board, then any current full-time active |
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101 | 99 | | police officer employed by a municipality as of July 1, 2001, shall |
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102 | 100 | | not be denied eligibility to participate in the Oklahoma Police |
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103 | 101 | | Pension and Retirement System solely due to age. The State Board |
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104 | 102 | | shall have authority to deny or revoke membership of any person |
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105 | 103 | | submitting false information in such person 's membership |
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106 | 104 | | application. The State Board shall have final authority in |
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107 | 105 | | determining eligibility for membership in the System , pursuant to |
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108 | 106 | | the provisions of this article. |
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109 | 107 | | B. The police chief of any participating municip ality may be |
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110 | 108 | | exempt from membership in the System or may b ecome a member provided |
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111 | 109 | | the member is not a retired member and the requirements of this |
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112 | 110 | | section are met at the time of employment. |
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113 | 111 | | C. A member of the Syst em who has attained his or her normal |
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114 | 112 | | retirement date may, if the member so elects, agree to terminat e |
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115 | 113 | | employment and retire as a member of the System and make an election RBH No. 7782 |
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143 | 140 | | to receive distributions from th e System. If a retired member is |
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144 | 141 | | reemployed by a participating municipality in the position of police |
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145 | 142 | | chief or in a position which is not covered by the System, |
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146 | 143 | | retirement shall include receipt by such retired member of in- |
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147 | 144 | | service distributions from the S ystem. |
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148 | 145 | | D. A former member of the System who termina tes from covered |
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149 | 146 | | employment and who has nei ther retired from the System nor entered |
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150 | 147 | | the Oklahoma Police Deferred Option Plan and is later employed in a |
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151 | 148 | | covered position with a participating municipality s hall not be |
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152 | 149 | | denied eligibility to become a member of the System because he or |
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153 | 150 | | she is forty-five (45) years of age or older. If such member has |
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154 | 151 | | withdrawn his or her contributions prior to re-entering the System |
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155 | 152 | | and the member desires to receive credit for such prior service, |
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156 | 153 | | then the member shall pay back s uch contributions and interest |
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157 | 154 | | pursuant to Section 50-111.1 of this title. |
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158 | 155 | | E. Notwithstanding any ot her provision of law to the contrary, |
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159 | 156 | | a municipality that employs two (2) or fewer full-time police |
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160 | 157 | | officers with a population of Four Thousand Five Hundred (4,500) or |
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161 | 158 | | less, according to the latest Federal Decennial Census, may employ a |
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162 | 159 | | police officer retired police officers who is are more than forty- |
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163 | 160 | | five (45) years of age and who has never have participated in the |
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164 | 161 | | Oklahoma Police Pension and Retiremen t System, but such police |
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165 | 162 | | officer and are receiving retirement benefits. Such officers shall |
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166 | 163 | | not be eligible to reenter and participate in the System. Such RBH No. 7782 |
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194 | 190 | | police officer shall be counted in the limitation im posed by this |
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195 | 191 | | subsection. Notwithstanding any othe r provisions of law, the State |
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196 | 192 | | Board shall be granted access to information concerning a list of |
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197 | 193 | | actively working police o fficers within the municipalities and |
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198 | 194 | | agencies under the purview provided by the Co uncil on Law |
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199 | 195 | | Enforcement Education and Training. |
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200 | 196 | | SECTION 2. This act shall be come effective July 1, 2023. |
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201 | 197 | | SECTION 3. It being immediately necessary for the preservation |
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202 | 198 | | of the public peace, health or safety, an emergency is hereby |
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203 | 199 | | declared to exist, by reason whereof this act shall take effect and |
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204 | 200 | | be in full force from and after its passage and approval. |
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