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Oklahoma House Bill HB2008

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2008 Compare Versions

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2828 STATE OF OKLAHOMA
2929
3030 1st Session of the 59th Legislature (2023)
3131
3232 HOUSE BILL 2008 By: Davis
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3838 AS INTRODUCED
3939
4040 An Act relating to the Teachers' Retirement System of
4141 Oklahoma; amending 70 O.S. 2021, Section 17-101 as
4242 amended by Section 2, Chapter 121, O.S.L. 2022 (70
4343 O.S. 2022, Section 17-101), which relates to
4444 definitions; modifying term; ame nding 70 O.S. 2021,
4545 Section 17-105, which relates to retireme nt
4646 eligibility; modifying required period of time for
4747 participation for purposes of retirement benef it;
4848 amending 70 O.S. 2021, Section 17-116.2, which
4949 relates to benefit computations; providing certain
5050 benefit computations for certain members; amending 70
5151 O.S. 2021, Section 17-116.10, which relates to
5252 postretirement earnings limitations; modifying
5353 restrictions with respect to postretirement
5454 employment; prescribing maximum amoun t of
5555 postretirement earnings; prescribing requirements
5656 related to postretiremen t earnings; modifying
5757 provision related to employee contributions;
5858 prohibiting accrual of postretirement service credit;
5959 providing for applicability of certain provisions
6060 regardless of certain election; providing school
6161 districts not subject to certain pre termination
6262 procedural requirements; prescribing maximum duration
6363 of postretirement contacts; pr oviding school
6464 districts not required to rehire certain persons
6565 based upon previous employment contract; amending 70
6666 O.S. 2021, Section 18-114.14, which relate s to the
6767 minimum salary schedule; mod ifying provisions related
6868 to employment of retired teachers; providing for
6969 codification; and providing an effective date.
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101101 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
102102 SECTION 1. AMENDATORY 70 O.S. 2021, Sectio n 17-101 as
103103 amended by Section 2, Chapter 121, O.S.L. 2022 (70 O.S. 2022,
104104 Section 17-101), is amended to read as follows:
105105 Section 17-101. Definitions.
106106 The following words and phrases as used in this act, unless a
107107 different meaning is clearly required by t he context, shall have the
108108 following meanings:
109109 (1) "Retirement system" shall mean the Teachers ' Retirement
110110 System of Oklahoma, as defined in Sect ion 17-102 of this title.
111111 (2) "Public school" shall mean a school district, a state
112112 college or university, th e State Board of Education, the State Board
113113 of Career and Technolo gy Education and any other state educational
114114 entity conducted within the state s upported wholly or partly by
115115 public funds and operating under the authority and supe rvision of a
116116 legally constituted board or agency having authority and
117117 responsibility for any function of public education. "Public
118118 school" shall also mean a tuition free, nonprofit alternative school
119119 of choice that provides education, therapeutic counseli ng and
120120 outreach programs which is aligned with a school district and which
121121 receives grant funds from governmental sources.
122122 (3) "Classified personnel " shall mean any teache r, principal,
123123 superintendent, supervisor, administrator, librarian, certified or
124124 registered nurse, college pro fessor, or college president whose RBH No. 5119
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151151 salary is paid wholly or in par t from public funds. An employee of
152152 any state department, board, board of regen ts or board of trustees,
153153 who is in a supervisory or an administrative position, the function
154154 of which is primarily devoted to public education, shall be
155155 considered classified p ersonnel under the meaning of this act, at
156156 the discretion of the Board of Truste es of the Teachers' Retirement
157157 System. The term "teacher" shall also include instru ctors and
158158 counselors employed by the Department of Corrections and holding
159159 valid teaching certificates issued by the State Department of
160160 Education. Provided, that a person employed by the Department of
161161 Corrections as an instructor or counselor shall have been actively
162162 engaged in the teaching profession for a period of not less than
163163 three (3) years prior to employment to be eligible to participate in
164164 the Oklahoma Teachers' Retirement System. The Department of
165165 Corrections shall contribute the employer 's share to the Oklahoma
166166 Teachers' Retirement System.
167167 (4) "Nonclassified optional personnel " shall include cooks,
168168 janitors, maintenance personnel not in a s upervisory capacity, bus
169169 drivers, noncertified or nonregistered nurses, noncertified
170170 librarians, and cler ical employees of the publ ic schools, state
171171 colleges, universities or any state department, board, board of
172172 regents or board of trustees, the functions of which are primari ly
173173 devoted to public education and whose salaries are paid wholly or in
174174 part from public funds. RBH No. 5119
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201201 (5) "Employer" shall mean the state and any of its designated
202202 agents or agencies with responsibility and authority for public
203203 education, such as boards of educ ation of elementary and independent
204204 school districts, boards of regents, boards of c ontrol or any other
205205 agency of and within the state by which a person may be employed for
206206 service in public education. "Employer" shall also mean the b oard
207207 of directors of a tuition free, nonprofit alternative school of
208208 choice that provides education, ther apeutic counseling and out reach
209209 programs which is aligned with a school district and which r eceives
210210 grant funds from governmental sources.
211211 (6) "Member" shall mean any teacher or other employee included
212212 in the membership of the system as provided in Sectio n 17-103 of
213213 this title.
214214 (7) "Board of Trustees" shall mean the board provided for in
215215 Section 17-106 of this title to administer the retirement system.
216216 (8) "Service" shall mean service as a classified or
217217 nonclassified optional employee in the public schoo l system, or any
218218 other service devoted primarily to public education in the state.
219219 (9) "Prior service" shall mean service rendered prior to July
220220 1, 1943.
221221 (10) "Membership service" shall mean service as a member of the
222222 classified or nonclassified personne l as defined in paragraphs (3)
223223 and (4) of this section. RBH No. 5119
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250250 (11) "Creditable service" shall mean membership service plus
251251 any prior service authorized unde r this title.
252252 (12) "Annuitant" shall mean any person in receipt of a
253253 retirement allowance as provided in this title.
254254 (13) "Accumulated contributions" shall mean the sum of all
255255 amounts deducted from the compensation of a member and credited to
256256 his individual account in the Te acher Savings Fund, together with
257257 interest as of June 30, 1968.
258258 (14) "Earnable compensation" shall mean the full rate of the
259259 compensation that would be payable to a member if he worked the full
260260 normal working time.
261261 (15) "Average salary":
262262 (a) for those members who joined the System prior to July
263263 1, 1992, shall mean the average of the sal aries for
264264 the three (3) years on which the highest contributions
265265 to the Teachers' Retirement System was paid not to
266266 exceed the maximum contribution lev el specified in
267267 Section 17-116.2 of this title or the maximum
268268 compensation level specified in subsection (28) of
269269 this section. Provided, no member shall retire with
270270 an average salary in excess of Twenty-five Thousand
271271 Dollars ($25,000.00) unless the member has made the
272272 required election and paid the required contributions
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300300 Dollars ($25,000.00), or unless an eligible member
301301 fulfills the requirements of Section 17-116.2C of this
302302 title in order to have pre -cap removal service
303303 included in the retirement benefit computation of the
304304 member using the regular annual compe nsation of the
305305 member for any pre-cap removal year of service so
306306 included subject to the max imum average salary amount,
307307 and
308308 (b) for those members who j oin the System after June 30,
309309 1992, shall mean the average of the salaries for five
310310 (5) consecutive years on which the highest
311311 contribution to the Teachers' Retirement System was
312312 paid. Only salary on which required contributions
313313 have been made may be used in computing average
314314 salary.
315315 (16) "Annuity" shall mean payments for life derived from the
316316 "accumulated contributions" of a member. All annuities shall be
317317 payable in equal monthly installments.
318318 (17) "Pension" shall mean payments for life derived from mo ney
319319 provided by the employer. All pensions shall be payable in equal
320320 monthly installments.
321321 (18) "Monthly retirement allowance " is one-twelfth (1/12) of
322322 the annual retirement allowance which shall be payable monthly. RBH No. 5119
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349349 (19) "Retirement Benefit Fund " shall mean the fund from wh ich
350350 all retirement benefits shall be paid based on such mortality tables
351351 as shall be adopted by the Board of T rustees.
352352 (20) "Actuary" shall mean a person especially skilled th rough
353353 training and experience in financial calculation resp ecting the
354354 expectancy and duration of life.
355355 (21) "Actuarial equivalent " shall mean a benefit of equal va lue
356356 when computed upon the basis of such mortality and other tables as
357357 shall be adopted by t he Board of Trustees.
358358 (22) The masculine pronoun, whenever used, shall include the
359359 feminine.
360360 (23) "Actuarially determined cost " shall mean the single sum
361361 which is actuarially equivalent in value to a specified pension
362362 amount as determined on the basis of mortality and interest
363363 assumptions adopted by the Board of Trustees.
364364 (24) "Normal retirement age" means the earliest date upon
365365 which:
366366 (a) a member reaches the age sixty-two (62) with respect
367367 to a member whose first creditable service occurs
368368 prior to November 1, 2011, unless the member reaches a
369369 normal retirement date pursuant to sub paragraph (c) or
370370 subparagraph (d) of this paragraph, or
371371 (b) a member reaches the age of sixty-five (65) with
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399399 occurs on or after November 1, 2011, or with respect
400400 to a member whose firs t creditable service occurs on
401401 or after November 1, 2011, reaches a normal retirement
402402 date pursuant to subparagraph (d) of this par agraph
403403 having attained a minimum age of sixty (60) years or
404404 with respect to a member whose first creditable
405405 service occurs on or after the effec tive date of this
406406 act obtains at least thirty -five (35) years of
407407 creditable service, or
408408 (c) the age at which the sum of a member's age and number
409409 of years of creditable service t otal eighty (80), with
410410 respect to a member whose first creditable service
411411 occurred prior to July 1, 1992, and who does not reach
412412 a normal retirement age pursuant t o subparagraph (a)
413413 of this paragraph, or
414414 (d) the age at which the s um of a member's age and number
415415 of years of creditable service total ninety (90), with
416416 respect to a member whose first creditable service
417417 occurred on or after July 1, 1992, but prior to
418418 November 1, 2011, if the membe r does not reach a
419419 normal retirement age pursuant to subparagraph (a) of
420420 this paragraph.
421421 (25) "Regular annual compensation " means salary plus fringe
422422 benefits, excluding the flexible benefit allowance pursuant to RBH No. 5119
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449449 Section 26-105 of this title and for purpos es pursuant to Section
450450 17-101 et seq. of this title. For purposes of this definition,
451451 regular annual compensation shall include:
452452 (a) salary which accrues on a regular basis in proportion
453453 to the service perform ed, including payments for staff
454454 development,
455455 (b) amounts that would otherwise qualify as salary under
456456 paragraph (a) of this subsection but are not received
457457 directly by the member pursuant t o a good faith,
458458 voluntary written salary reduction agreement in or der
459459 to finance payments to a deferred compensa tion or tax-
460460 sheltered annuity program or to finance benefit
461461 options under a cafeteria plan qualifying under the
462462 United States Internal Revenue C ode, 26 U.S.C.,
463463 Section 101 et seq.,
464464 (c) group health and disabili ty insurance, group term life
465465 insurance, annuities and pension plans, provided on a
466466 periodic basis to all qualif ied employees of the
467467 employer, which qualify as fringe benefits under the
468468 United States Internal Revenue Code, and
469469 (d) excluded from regular ann ual compensation are:
470470 1. expense reimbursement payments,
471471 2. office, vehicle, housing o r other maintenance
472472 allowances, RBH No. 5119
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499499 3. the flexible benefit allowance provided pursuant
500500 to Section 26-105 of this title,
501501 4. payment for unused vacation and sick leave,
502502 5. any payment made for reason of termination or
503503 retirement not specifically provided for in
504504 subparagraphs (a) through (c) of this subsection,
505505 6. maintenance or other nonmonetary compensation,
506506 7. payment received as an independent contractor or
507507 consultant, pursuant to a lawful contract which
508508 complies with the requirements of subsection B of
509509 Section 6-101.2 of this title,
510510 8. any benefit payments not made pursuant to a valid
511511 employment agreement,
512512 9. compensation for clinical related activity
513513 performed in the Univer sity of Oklahoma Health
514514 Sciences Center (OUHSC ) Professional Practice
515515 Plan or Oklahoma State University Center f or
516516 Health Sciences (OSU -CHS) Professional Practice
517517 Plan,
518518 10. any other compensation not described in
519519 subparagraphs (a) through (c) of this subse ction.
520520 (26) "Teacher" means classified person nel and nonclassified
521521 optional personnel. RBH No. 5119
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548548 (27) "Active classroom teacher" means a person employed by a
549549 school district to teach students specif ically identified classes
550550 for specifically identified subjects dur ing the course of a
551551 semester, and who holds a valid certificate or license issued by a nd
552552 in accordance with the rules and regulations of the State Board of
553553 Education.
554554 (28) "Maximum compensation level" shall, except as otherwise
555555 authorized pursuant to the provisions of Section 17-116.2C of this
556556 title, mean:
557557 (a) Twenty-five Thousand Dollars ($25,000.00) for
558558 creditable service authorized and performed prior to
559559 July 1, 1995, for members not elec ting a higher
560560 maximum compensation level,
561561 (b) Forty Thousand Dolla rs ($40,000.00) for creditable
562562 service authorized and performed prior to July 1,
563563 1995, for members electing a ma ximum compensation
564564 level in excess of Twenty -five Thousand Dollars
565565 ($25,000.00),
566566 (c) Twenty-seven Thousand Five Hundred Dollars
567567 ($27,500.00) for members who, as of June 30, 1995, had
568568 elected to have a maximum compensation level no t in
569569 excess of Twenty-five Thousand Dollars ($25,000.00),
570570 and who were employed by an entity or institut ion
571571 within The Oklahoma State System of Higher Education RBH No. 5119
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598598 for creditable service authorized and performed on or
599599 after July 1, 1995, but not later than Ju ne 30, 1996,
600600 if such member does not elect a higher maximum
601601 compensation level for this period as author ized by
602602 Section 17-116.2A of this title,
603603 (d) Thirty-two Thousand Five Hundred Dollars ($32,500.00)
604604 for members employed by a comprehensive university if
605605 the member meets the requ irements imposed by Section
606606 17-116.2A of this title and the member elects to
607607 impose a higher maximum compensation level for service
608608 performed on or after July 1, 1995, but not later than
609609 June 30, 1996,
610610 (e) Forty-four Thousand Dollars ($44,000.00) for membe rs
611611 who, as of June 30, 1995, had elected to have a
612612 maximum compensation level in excess of Twenty-five
613613 Thousand Dollars ($25,000.00), and who we re employed
614614 by an entity or institution within The Oklahoma State
615615 System of Higher Edu cation for creditable serv ice
616616 authorized and performed on or after July 1, 1995, but
617617 not later than June 30, 1996, if such member does not
618618 elect a higher maximum compensa tion level for this
619619 period as authorized by Se ction 17-116.2A of this
620620 title, RBH No. 5119
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647647 (f) Forty-nine Thousand Dollars ($4 9,000.00) for members
648648 employed by a comprehensive university if the member
649649 meets the requirements imposed by Section 17 -116.2A of
650650 this title and the member elects to impose a higher
651651 maximum compensation level for service performed on or
652652 after July 1, 1995, but not later than June 30, 1996,
653653 (g) the following amounts for creditable se rvice
654654 authorized and performed by members employed by a
655655 comprehensive university, based upon the election of
656656 the member in effect as of June 30, 1995:
657657 1. for members who elected a maximum compensation
658658 level not in excess of Twenty -five Thousand
659659 Dollars ($25,000.00):
660660 (i) Thirty-two Thousand Five Hundred Dollars
661661 ($32,500.00) for service authorized and
662662 performed on or after July 1, 1996, but not
663663 later than June 30, 1997,
664664 (ii) Thirty-seven Thousand Five Hundred Dollars
665665 ($37,500.00) for service authorized and
666666 performed on or after July 1, 1997, but not
667667 later than June 30, 1998 ,
668668 (iii) Forty-two Thousand Five Hundred Dollar s
669669 ($42,500.00) for service authorized an d RBH No. 5119
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696696 performed on or after Ju ly 1, 1998, but not
697697 later than June 30, 2000,
698698 (iv) Forty-seven Thousand Five H undred Dollars
699699 ($47,500.00) for service authorized and
700700 performed on or after July 1, 2000, but not
701701 later than June 30, 2001,
702702 (v) Fifty-two Thousand Five Hundred Dollars
703703 ($52,500.00) for service authorized and
704704 performed on or after July 1, 2001, but not
705705 later than June 30, 2002,
706706 (vi) Fifty-seven Thousand Five Hundred Doll ars
707707 ($57,500.00) for service authorized and
708708 performed on or after July 1, 2002, but no t
709709 later than June 30, 2003 ,
710710 (vii) Sixty-two Thousand Five Hundred Dollars
711711 ($62,500.00) for service autho rized and
712712 performed on or after July 1, 2003, but not
713713 later than June 30, 2004,
714714 (viii) Sixty-seven Thousand Five Hundred Dollars
715715 ($67,500.00) for servic e authorized and
716716 performed on or after July 1, 2004, but not
717717 later than June 30, 2005,
718718 (ix) Seventy-two Thousand Five Hundred Dollars
719719 ($72,500.00) for service authorized and RBH No. 5119
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746746 performed on or after July 1, 2005, but no t
747747 later than June 30, 2006,
748748 (x) Seventy-seven Thousand Five Hundre d Dollars
749749 ($77,500.00) for service authorized and
750750 performed on or after July 1 , 2006, but not
751751 later than June 30, 2007,
752752 (xi) the full amount of regular annual
753753 compensation for service author ized and
754754 performed on or after July 1, 2 007, and
755755 2. for members who elected a maximum compensation
756756 level in excess of Twenty -five Thousand Dollars
757757 ($25,000.00):
758758 (i) Forty-nine Thousand Dollars ($49,000.00) for
759759 service authorized and performed on or after
760760 July 1, 1996, but not later than June 30,
761761 1997,
762762 (ii) Fifty-four Thousand Dollars ($54,000.00) for
763763 service authorized and performed on or after
764764 July 1, 1997, but not later than June 30,
765765 1998,
766766 (iii) Fifty-nine Thousand Dollars ($59,000.00) for
767767 service authorized and performed on or after
768768 July 1, 1998, but not later than Jun e 30,
769769 2000, RBH No. 5119
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796796 (iv) Sixty-four Thousand Dollars ($64,000.00) for
797797 service authorized and performed on or after
798798 July 1, 2000, but not later than June 30,
799799 2001,
800800 (v) Sixty-nine Thousand Dollars ($6 9,000.00) for
801801 service authorized and per formed on or after
802802 July 1, 2001, but not later than June 30,
803803 2002,
804804 (vi) Seventy-four Thousand Dollars ($ 74,000.00)
805805 for service authorized and performed on or
806806 after July 1, 2002, but not later than June
807807 30, 2003,
808808 (vii) Seventy-nine Thousand Dollars ($79,000 .00)
809809 for service authorize d and performed on or
810810 after July 1, 2003, but not later than June
811811 30, 2004,
812812 (viii) Eighty-four Thousand Dollars ($84,000.00)
813813 for service authorized and performed on or
814814 after July 1, 2004, bu t not later than June
815815 30, 2005,
816816 (ix) Eighty-nine Thousand Dollars ($89,000.00)
817817 for service authorized and performed on or
818818 after July 1, 2005, bu t not later than June
819819 30, 2006, RBH No. 5119
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846846 (x) Ninety-four Thousand Dollars ( $94,000.00)
847847 for service authorized and perform ed on or
848848 after July 1, 2006, but not lat er than June
849849 30, 2007,
850850 (xi) the full amount of regular annual
851851 compensation for service authorized and
852852 performed on or after July 1, 2007,
853853 (h) the full amount of regular a nnual compensation of:
854854 1. a member of the reti rement system not employed by
855855 an entity or institution within The Oklahoma
856856 State System of Higher Education for all
857857 creditable service authorize d and performed on or
858858 after July 1, 1995,
859859 2. a member of the retir ement system first employed
860860 on or after July 1, 1995, by an entity or
861861 institution within The Oklahoma State Syst em of
862862 Higher Education for all creditable service
863863 authorized and performed on or after July 1,
864864 1995, but not later than June 30, 1996,
865865 3. a member of the retirement system employed by an
866866 entity or institution within The Oklahoma S tate
867867 System of Higher Educ ation, other than a
868868 comprehensive university, if the member elects to
869869 impose a higher maximum compensation level for RBH No. 5119
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896896 service performed on or aft er July 1, 1995, but
897897 not later than June 30, 1 996, pursuant to
898898 subsection B of Section 17-116.2A of this title,
899899 4. a member of the retirement system who is first
900900 employed on or after July 1, 1996, by any entity
901901 or institution within The Oklahoma State Syst em
902902 of Higher Education, including a comprehens ive
903903 university, for creditable service a uthorized and
904904 performed on or after July 1, 1996,
905905 5. a member of the retirement system who, as of July
906906 1, 1996, is subject to a maximum compensation
907907 level pursuant to par agraph (g) of this
908908 subsection if the member te rminates service with
909909 a comprehensive university and is subsequent ly
910910 reemployed by a comprehensive university,
911911 6. a member of the retirement sys tem employed by a
912912 comprehensive university for all service
913913 performed on and after July 1, 2007, or
914914 7. an eligible member of the retirement system who
915915 fulfills the requirements of Section 2 of this
916916 act with respect to pre -cap removal service
917917 included in the retirement benefit computation of
918918 the member at the average salar y of the member
919919 subject to the maximum average salary amount. RBH No. 5119
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946946 (29) "Comprehensive university" shall mean:
947947 (a) the University of Oklahoma and all of its constituent
948948 agencies, including the U niversity of Oklahoma Health
949949 Sciences Center, the University of Ok lahoma Law Center
950950 and the Geological Survey, a nd
951951 (b) Oklahoma State University and all of its constituent
952952 agencies, including the Oklahoma State University
953953 Agricultural Experiment Station, t he Oklahoma State
954954 University Agricultural Extension Division, the
955955 Oklahoma State University College of Veterinar y
956956 Medicine, the Oklahoma State Universit y Center for
957957 Health Sciences, the Technical Branch at Oklahoma
958958 City, the Oklahoma State University Insti tute of
959959 Technology-Okmulgee and Oklahoma State University -
960960 Tulsa.
961961 (30) "Retirement contract" means the document prepared by the
962962 Teachers' Retirement System upon member request, w hich incorporates
963963 member's selected retirement option, and which must be execu ted and
964964 submitted to the Teachers ' Retirement System no less than thirty
965965 (30) days prior to the projected retire ment date.
966966 SECTION 2. AMENDATORY 70 O.S. 2021, Section 17-105, is
967967 amended to read as follows:
968968 Section 17-105. Retirement. RBH No. 5119
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995995 (1) (a) Any member who has attained age fifty -five (55) or who
996996 has completed thirty (30) years of credita ble service, as defined in
997997 Section 17-101 of this title, or for an y person who initially became
998998 a member prior to July 1, 1 992, regardless of whether there were
999999 breaks in service after July 1, 1992, whose age and nu mber of years
10001000 of creditable service total eighty (80) may be retired upon proper
10011001 application for retirement on forms established by the System and
10021002 executing a retirement contract. Such a retirement date will also
10031003 apply to any person who became a member of the sending system as
10041004 defined in this act, prior to July 1, 1992, regardless of whether
10051005 there were breaks in service after July 1, 1992. Any person who
10061006 became a member after June 30, 1992, but prior to November 1, 2011,
10071007 whose age and number of years of c reditable service total ninety
10081008 (90) may be retired upon proper application for retirement and
10091009 executing a retirement contract. Any person who becomes a member on
10101010 or after November 1, 2011, who attains the age of sixty -five (65)
10111011 years or who reaches a norm al retirement date pursuant to
10121012 subparagraph (d) of paragraph (24) of Section 17 -101 of this title
10131013 having attained a minimum age of sixty (60) years may be retired
10141014 upon proper application for retirement and executing a retirement
10151015 contract. The application shall be filed on the form provided by
10161016 the Board of Trustees for this purpose, not less than sixty (60)
10171017 days before the date of retirement, provided that the Execut ive RBH No. 5119
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10441044 Director may waive the sixty-day deadline for good cause shown as
10451045 defined by the Board.
10461046 1. The employer shall provide the System with the
10471047 following information for a retiring member, no later
10481048 than the fifteenth day of the month of retirement:
10491049 last day physically on the job; last day on payroll;
10501050 any regular compensation not already reported to the
10511051 System; and final unused sick leave balance.
10521052 2. Failure to submit this information by the deadline, or
10531053 errors in submitted information that result in a
10541054 disqualification of retirement eligibility shall be
10551055 the responsibility of the employer. In cases w here
10561056 the error results in disqualificatio n of retirement
10571057 eligibility, it is the employer 's responsibility to
10581058 reemploy the member, or retain the member on the
10591059 payroll, for the time period required to reach
10601060 eligibility, not exceeding two (2) months.
10611061 (b) An individual who becomes a member of the Te achers'
10621062 Retirement System on or after November 1, 2017, but before November
10631063 1, 2023, shall be employed by the public schools, stat e colleges or
10641064 universities of Oklahoma for a minimum of seven (7) years and be a
10651065 contributing member of the Teachers ' Retirement System of Oklahoma
10661066 for a minimum of seven (7) years to qualify for monthly retirement
10671067 benefits from the Teachers ' Retirement System of Oklahoma. RBH No. 5119
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10941094 (c) An individual who becomes a member of the Teachers '
10951095 Retirement System on or after November 1, 20 23, shall be employed by
10961096 the public schools, state colleges or universi ties of Oklahoma for a
10971097 minimum of five (5) years and be a contribu ting member of the
10981098 Teachers' Retirement System of Oklahoma for a minimum of five (5)
10991099 years to qualify for monthly retirement b enefits from the Teachers'
11001100 Retirement System of Oklahoma.
11011101 (c) (d) Any member with seven (7) or more years of Oklahoma
11021102 teaching service and whose accumulated contributions during such
11031103 period have not been withdrawn shal l be given an indefinite
11041104 extension of membership beginning with the sixth year following his
11051105 or her last contributing membership and shall become eligible to
11061106 apply for retirement and be retired upon attaining age fifty -five
11071107 (55).
11081108 (2) An unclassified optio nal member who has retired or who
11091109 retires at sixty-two (62) years of age or older or whose retirement
11101110 is because of disability shall have his or her minimum retirement
11111111 benefits calculated on an average salary of Five Thousand Three
11121112 Hundred Fifty Dollars ($ 5,350.00) or, if a larger monthly all owance
11131113 would result, an amount arrived at pursuant to application of the
11141114 formula prescribed herein.
11151115 (3) No member shall receive a lesser retirement benefit than he
11161116 or she would have received under the law in effect at the time he or
11171117 she retired. Any indi vidual under the Teachers' Retirement System, RBH No. 5119
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11441144 who through error in stating the title of the position which he or
11451145 she held, may, at the discretion of the Board of Trustees, be
11461146 changed from the nonclassified optional grou p to the classified
11471147 group for the purpose of calculating retirement benefits.
11481148 Any individual regardless of residence, who has a minimum of ten
11491149 (10) years of teaching i n Oklahoma schools prior to July 1, 1943, or
11501150 who taught in Oklahoma schools prior to 1934 and thereafter taught a
11511151 minimum of ten (10) years and who does not qualify under the present
11521152 retirement System, or who has a minimum of thirty (30) years of
11531153 teaching in Oklahoma schools and has reached seventy (70) years of
11541154 age prior to July 1, 1984, and is not otherwise eligible to receive
11551155 any benefits from the retirement system shall receive a minimum of
11561156 One Hundred Fifty Dollars ($150.00) per month in retirement ben efits
11571157 from the Teachers' Retirement System of Oklahoma plus any general
11581158 increase in benefits for annuitants as may be provided hereafter by
11591159 the Legislature. Each individual must apply to the Teachers'
11601160 Retirement System for such benefit and provide evidenc e to the
11611161 Teachers' Retirement System that the service was actually rendered.
11621162 The surviving spouse of any person who made appl ication for the
11631163 benefit provided for by this paragraph during his or her lifetime
11641164 but did not receive the benefit may submit an ap plication to the
11651165 System for payment of the benefit for those months during the
11661166 lifetime of the deceased person that he or she was eligible for but
11671167 did not receive the benefit. Upon approval o f the application by RBH No. 5119
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11941194 the Board of Trustees, the benefit shall be paid to the surviving
11951195 spouse in one lump sum.
11961196 (4) The value of each year of prior servi ce is the total
11971197 monthly retirement be nefit divided by the number of years of
11981198 creditable service.
11991199 (5) Upon application of a member who is actively engaged in
12001200 teaching in Oklahoma or his or her employer, any member who has been
12011201 a contributing member for ten (10) years may be retired by the
12021202 System subsequent to the execution and filing thereof, on a
12031203 disability retirement allowance, provided that it is found by the
12041204 Medical Board after medical examination of such member by a duly
12051205 qualified physician that such m ember is mentally or physically
12061206 incapacitated for further performance of duty, that such incapacity
12071207 is likely to be permanent, and that such member should be retired.
12081208 The System shall rely on and give full consideration to the
12091209 conclusions and recommendati ons in the certified written report o f
12101210 the Medical Board of the Teachers ' Retirement System regarding t he
12111211 disability application of such member. If the Medical Board does
12121212 not find that a member applying for disability retirement is
12131213 mentally or physically incapacitated for performance of duty or
12141214 otherwise eligible for a disability retirement, the applicatio n
12151215 shall then be considered by the Board of Trustees. If a membe r is
12161216 determined to be eligible for disability benefits pursuant to the
12171217 Social Security System, then such determination shall e ntitle the RBH No. 5119
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12441244 member to the authorized disability retirement allowanc e provided by
12451245 law. For members who are not eligible for disabil ity benefits
12461246 pursuant to the Social Security System, the Board of Trustees and
12471247 the Medical Board shall apply the same standard for which provision
12481248 is made in the first two sentences of this su bsection for
12491249 determining the eligibility of a person for such di sability benefits
12501250 in making a determination of eligibility for disability benefits as
12511251 authorized by this subsection.
12521252 (6) (a) A member who at the time of retirement has been found
12531253 to be permanently physically or mentally incapacitated to perform
12541254 the necessary duties to continue in his or her current position
12551255 shall receive a minimum monthly re tirement payment for life or until
12561256 such time as the member may be found to be recovered to the point
12571257 where he or she may return to teaching. Any member retired before
12581258 July 1, 1992, shall be eligible to receive the monthly retirement
12591259 allowance herein provi ded, but such payment shall not begin until
12601260 the first payment due him or her after July 1, 1992, and sh all not
12611261 be retroactive. The Board of Trustees is empowered to m ake such
12621262 rules and regulations as it considers proper to preserve equity in
12631263 retirements under this provision, which shall incl ude a provision to
12641264 protect the rights of the member 's spouse.
12651265 (b) A member who has qualified for retirement benefits under
12661266 disability retirement shall have the total monthly payment deducted
12671267 from his or her accumulated contributions plus interest earned a nd RBH No. 5119
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12941294 any money remaining in the member 's account after the above
12951295 deductions at the death of the member shall be paid in a lump sum t o
12961296 the beneficiary or to the estate of the member. Provided, if the
12971297 deceased disabled mem ber had thirty (30) years or more of creditable
12981298 service and the death occurred after June 30, 1981, and death
12991299 occurred prior to the disabled member receiving twelve mo nthly
13001300 retirement payments, a surviving spouse may elect to receive the
13011301 retirement benefit to which the deceased member would h ave been
13021302 entitled at the time of death under the Option 2 Plan of Retirement
13031303 provided for in subsection (8) of this section in lie u of the death
13041304 benefit provided for in this subsection and in subsection (12) of
13051305 this section.
13061306 (c) Once each year the System may require any disabled
13071307 annuitant who has not yet attained the ag e of sixty (60) years to
13081308 undergo a medical examination, such exa mination to be made at the
13091309 place of residence for the disabled annuitant or other place
13101310 mutually agreed upon by a physician or physicians designated by the
13111311 System. Should any disabled annuita nt who has not yet attained the
13121312 age of sixty (60) years refuse t o submit to at least one medical
13131313 examination in any such year by a physician or physician s designated
13141314 by the System his or her allowance may be discontinued until he or
13151315 she submits to such exa mination.
13161316 (d) Should the Medical Board report and certify to th e Board of
13171317 Trustees that such disabled annuitant is engaged in or is able to RBH No. 5119
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13441344 engage in a gainful occupation paying more than t he difference
13451345 between his or her retirement allowance and the aver age final
13461346 compensation, and should the Board of Trustees concur in such report
13471347 then the amount of his or her pension shall be reduced to an amount
13481348 which, together with his or her retirement allowance and that amount
13491349 earnable by him or her, shall equal the amount of his or her average
13501350 final compensation. Should his or her earning capacity be later
13511351 increased, the amount of his or her pension may be further modified,
13521352 provided the new pension sh all not exceed that amount of the pension
13531353 originally granted nor a n amount, which when added to the amount
13541354 earnable by the member, together with his or her annuity, equals the
13551355 amount of his or her average final compensa tion.
13561356 (e) Should a disabled annuitan t be restored to active service,
13571357 his or her disability retirement allowance shall cease and he or she
13581358 shall again become a member of the Teachers' Retirement System and
13591359 shall make regular contributions as required under this article.
13601360 The unused portion of his or her accumulated contributions shall be
13611361 reestablished to his or her credit in the Teachers ' Savings Fund.
13621362 Any such prior service certificates on the basis of which his or her
13631363 service was computed at the time of his or her retirement shall be
13641364 restored to full force and effect.
13651365 (7) Should a member before retiremen t under Section 1-101 et
13661366 seq. of this title make application for withdrawal duly filed with
13671367 the System, not earlier than four (4) months after the date o f RBH No. 5119
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13941394 termination of such service as a te acher, the contribution standing
13951395 to the credit of his or her indiv idual account in the Teachers '
13961396 Savings Fund shall be paid to him or her or, in the event of his or
13971397 her death before retirement, shall be paid to such per son or persons
13981398 as he or she shall hav e nominated by written designation, duly
13991399 executed and filed with t he System; provided, however, if there be
14001400 no designated benefici ary surviving upon such death, such
14011401 contributions shall be paid to his or her administrat ors, executors,
14021402 or assigns, together with interest as hereinafter provided. In lieu
14031403 of a lump-sum settlement at the death of the member, the amount of
14041404 money the member has on deposit in the Teachers' Savings Fund and
14051405 the money the member has on deposit in the Teachers' Deposit Fund
14061406 may be paid in monthly payments to a designated beneficiary, who
14071407 must be the spouse, under the Maximum or Option 1 Plan of Retirement
14081408 providing the monthly payment shall be not less than Twenty -five
14091409 Dollars ($25.00) per month. The monthly payment shall be the
14101410 actuarial equivalent of the amount becoming due at the member 's
14111411 death based on the sex of the spouse and the age the spouse has
14121412 attained at the last birthday prior to the member 's death. Provided
14131413 further, if there be no de signated beneficiary surviving upon s uch
14141414 death, and the contributions standing to the credit of such me mber
14151415 do not exceed Two Hundred Dollars ($200.00), no part of suc h
14161416 contributions shall be subject to the payment of any expense of the
14171417 last illness or funeral of the deceased member or any ex pense of RBH No. 5119
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14441444 administration of the estate of such deceased and the Sys tem, upon
14451445 satisfactory proof of the death of such member and of the name or
14461446 names of the person or persons who would be entitled to receive such
14471447 contributions under the laws of descent and d istribution of the
14481448 state, may authorize the payment of accumulated contributions to
14491449 such person or persons. A member terminating his or her membership
14501450 by withdrawal after June 30, 2003, shall have the interest computed
14511451 at a rate of interest determined by the Board of Trustees and paid
14521452 to him or her subject to the follow ing schedule:
14531453 (a) If termination occurs within sixteen (16) yea rs from the
14541454 date membership began, fifty percent (50%) of such interest
14551455 accumulations shall be paid.
14561456 (b) With at least sixtee n (16) but less than twenty-one (21)
14571457 years of membership, sixty pe rcent (60%) of such interest
14581458 accumulations shall be paid.
14591459 (c) With at least twenty-one (21) but less than twenty -six (26)
14601460 years of membership, seventy -five percent (75%) of such interest
14611461 accumulations shall be paid.
14621462 (d) With at least twenty -six (26) years of membership, ninety
14631463 percent (90%) of such interest accumulat ions shall be paid.
14641464 In case of death of an active member, the interest shall be
14651465 calculated and restored to the member 's account and paid to his or
14661466 her beneficiary. RBH No. 5119
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14931493 (8) (a) In lieu of his or her retirement allowance payable
14941494 throughout life for such an amo unt as determined under this section,
14951495 the member may select a retirement allowance for a reduced amount
14961496 payable under any of t he following options the present value of
14971497 which is the actuarial e quivalent thereof.
14981498 (b) A member may select the option under whi ch he or she
14991499 desires to retire at the end of the school year in which he or she
15001500 attains age seventy (70) and the option shall be binding and cannot
15011501 be changed. Provided further that if a memb er retires before age
15021502 seventy (70), no election of an option sha ll be effective in case an
15031503 annuitant dies before the first payment due under such option has
15041504 been received.
15051505 (c) The first payment of any benefit selected shall be made on
15061506 the first day of the month following approval of the retirement by
15071507 the System. If the named designated joint annuitant under Option 2
15081508 or 3 dies at any time after the member 's retirement date, but before
15091509 the death of the member, the member shall return to the retirement
15101510 benefit, including any post retirement benefit increases the member
15111511 would have received had the member not selected Option 2 or 3 of
15121512 this subsection. The ben efit shall be determined at the date of
15131513 death of the designated joint annuitant. This increase shall b ecome
15141514 effective the first day of the month following the date of death of
15151515 the designated joint annuitant, and shall be payable for the
15161516 member's remaining lifetime. The member shall notify t he Teachers' RBH No. 5119
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15431543 Retirement System of Oklahoma of the death of the des ignated joint
15441544 annuitant in writing. In the absence of the writt en notice being
15451545 filed by the member notifying the Teachers ' Retirement System of
15461546 Oklahoma of the death of the designated joint annuitant within six
15471547 (6) months of the date of death, nothing in this subsection shall
15481548 require the Teachers ' Retirement System of Oklahoma to pay more than
15491549 six (6) months of retrospective benefits increase.
15501550 Option 1. If he or she dies before he or she ha s received in
15511551 annuity payments the present value of his or her ann uity as it was
15521552 at the time of his or her retirement, the balance shall be paid to
15531553 his or her legal representatives or to such person as he or she
15541554 shall nominate by written designation duly a cknowledged and filed
15551555 with the System at the time of his or her re tirement; or
15561556 Option 2. A member takes a reduced retirement allo wance for
15571557 life. Upon the death of the member the payments shall continue to
15581558 the member's designated joint annuitant for the l ife of the joint
15591559 annuitant. The written designation of the joint annuitant must be
15601560 duly acknowledged and filed with the System at the time of the
15611561 member's retirement and, except as provided in paragraph (e) of this
15621562 subsection, cannot be changed after the effective date of the
15631563 member's retirement; or
15641564 Option 3. A member receives a reduced retirement allowance for
15651565 life. Upon the deat h of the member one-half (1/2) of the retirement
15661566 allowance paid the member shall be conti nued throughout the life of RBH No. 5119
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15931593 the designated joint annuitant. A written designation of a joint
15941594 annuitant must be duly acknowledged and filed with the System at the
15951595 time of the member's retirement and, except as provided in paragraph
15961596 (e) of this subsection, cannot be changed after the effective date
15971597 of the member's retirement; or
15981598 Option 4. Some other benefit or benefits shall be paid either
15991599 to the member or to such joint annuitant as he or she shall
16001600 nominate, provided such other benefit or benefits, together with the
16011601 reduced retirement allowanc e, shall be certified by the actuary to
16021602 be of equivalent actuarial value to his or her retirement allowance
16031603 and shall be approved by the System.
16041604 (d) Provided that Option 2 and Option 3 shall not be available
16051605 if the member's expected benefit is less than f ifty percent (50%) of
16061606 the lump-sum actuarial equivalent and the de signated joint annuitant
16071607 is not the spouse of the member.
16081608 (e) A member who chose the maximum retirement benefit plan at
16091609 the time of retirement may make a one-time election to choose either
16101610 Option 2 or 3 and name the member 's spouse as designated joint
16111611 annuitant if the member marries after making the initial election.
16121612 Such an election shall be made within one (1) year of the date of
16131613 marriage. The member shall provide proof of a member 's good health
16141614 before the System will permit a change to either Option 2 or 3 and
16151615 the naming of a designated joint annuitant. A medical examination
16161616 conducted by a licensed physician is required for purposes of RBH No. 5119
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16431643 determining good health. Such examination must be approved by the
16441644 Medical Board. The member shall be required to pr ovide proof of age
16451645 for the new joint annuitant. The System shal l adjust the monthly
16461646 benefit to the actuarially equivalent amount based on the new
16471647 designated joint annuitant 's age. The Board of Trustees shall
16481648 promulgate rules to implement the provisions o f this subsection.
16491649 (f) A member who retires after the effective date of this act
16501650 and has selected a retirement allowance for a reduced amount payable
16511651 under one of the options provided for i n this subsection may make a
16521652 one-time irrevocable election to sele ct a different option within
16531653 sixty (60) days of the member 's retirement date. The beneficiary or
16541654 joint annuitant designated by the member at the time of retirement
16551655 shall not be changed if t he member makes the election provided for
16561656 in this paragraph.
16571657 (g) Any individual who is eligible to be a beneficiary or joint
16581658 annuitant of a member under this subsection, and who is also a
16591659 beneficiary of a trust created under the Oklahoma Discretionary and
16601660 Special Needs Trust Act, Section 175.81 et seq. of Title 60 of th e
16611661 Oklahoma Statutes, or a comparable Trust Act created under the laws
16621662 of another state, hereinafter collectively referred to as "Trust
16631663 Acts", may be a beneficiary or joint annuitant under th is subsection
16641664 by having the trustee of the trust established for t he benefit of
16651665 that individual named as the legal beneficiary or joint annuitant
16661666 under this subsection. The age of that beneficiary shall be used RBH No. 5119
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16931693 for calculating any benefit payable to the t rust under this
16941694 subsection. The beneficiary of such a trust shall be treated as the
16951695 beneficiary or joint annuitant under this sub section except that
16961696 payments of any benefits due under this subsection shall be payable
16971697 to the lawfully appointed trustee of t he trust. The obligation of
16981698 the System to pay the beneficiary or joint annuitant under this
16991699 subsection shall be satisfied by paym ent to the trustee whom the
17001700 System, in good faith, believes to be the lawfully appointed
17011701 trustee. Any conflict between the st atutes creating and governing
17021702 the Teachers' Retirement System in S ection 17-101 et seq. of this
17031703 title and the provisions of any Tr ust Act referred to above shall be
17041704 resolved in favor of the statutes governing the System . If an
17051705 eligible beneficiary or join t annuitant is named at the time of
17061706 retirement, and becomes a bene ficiary of a trust under one of the
17071707 Trust Acts described herein after that time, the System will
17081708 acknowledge the trust as the beneficiary upon the submis sion of
17091709 adequate documentation of the existence of the trust. All other
17101710 provisions of this subsection shall apply to these subsequently
17111711 created trusts.
17121712 (h) The Board of Trustees of the System may recognize other
17131713 trusts set up for the benefit of individua ls otherwise eligible to
17141714 be named as a beneficiary or joint annuitant under this subsection
17151715 by administrative rule if it can be done without undue additional
17161716 administrative expense of the System. RBH No. 5119
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17431743 (9) The governing board of any "public school", as that term is
17441744 defined in Section 17 -101 of this title, is hereby authorized and
17451745 empowered to pay additional reti rement allowances or compensation to
17461746 any person who was in the e mploy of such public school for not less
17471747 than seven (7) school years preceding the date o f his or her
17481748 retirement. Payments so made shall be a proper charge against the
17491749 current appropriation o r appropriations of any such public school
17501750 for salaries for the fiscal year in which such payments are made.
17511751 Such payments shall be made in regular mont hly installments in such
17521752 amounts as the governing board of any such public school, in its
17531753 judgment, shall determine to be reasonable and appropriate in view
17541754 of the length and type of service rendered by any such person to
17551755 such public school by which such p erson was employed at the time of
17561756 retirement. All such additional payments shall be uniform, based
17571757 upon the length of service and the type of services performed, to
17581758 persons formerly employed by such public school who have retired or
17591759 been retired in accord ance with the provisions of Section 1 7-101 et
17601760 seq. of this title.
17611761 The governing board of any such publi c school may adopt rules
17621762 and regulations of general application outlining the terms and
17631763 conditions under which such additional retirement benefits shall be
17641764 paid, and all decisions of such bo ard shall be final. RBH No. 5119
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17911791 (10) In addition to the teachers ' retirement herein provided,
17921792 teachers may voluntarily avail themselves of th e Federal Social
17931793 Security Program upon a district basis.
17941794 (11) Upon the death of an in -service member, the System shall
17951795 pay to the designated beneficiary of the member or, if there is no
17961796 designated beneficiary or if the designated beneficiary predeceases
17971797 the member, to the estate of the member, the sum of Eighteen
17981798 Thousand Dollars ($18,000.00) as a death benefit. Provided, if th e
17991799 deceased member had ten (10) year s or more of creditable service ,
18001800 the member's designated beneficiary may elect to receive the
18011801 retirement benefit to which the deceased member would have been
18021802 entitled at the time of de ath under the Option 2 plan of retire ment
18031803 in lieu of the death benefit provided for in this subsection.
18041804 Provided further, the option provided in this subsection is on ly
18051805 available when the member has designated one individual as the
18061806 designated beneficiary. The beneficiary or beneficiaries of death
18071807 benefits in the amount not to exceed Eighteen Thousand Doll ars
18081808 ($18,000.00), but exclusive of any retirement benefit receiv ed by an
18091809 electing beneficiary based upon creditable service performed by the
18101810 deceased member, which are provided pursuant to t his subsection may
18111811 elect to disclaim such death benefits in which case such benefits
18121812 will be transferred to a person licensed as a funeral director or to
18131813 a lawfully recognized business entity licensed as required by law to
18141814 provide funeral services for the deceased member. The qualified RBH No. 5119
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18411841 disclaimer must be in writing and will be an irrevocable and an
18421842 unqualified refusal to accept all or a portion of the death benefit.
18431843 It must be received by the transferor no more than ni ne (9) months
18441844 after the later of the day the transfer creating the interest in the
18451845 disclaiming person i s made or the day the disclaiming person attains
18461846 age twenty-one (21). The interest in the death benefits must pass
18471847 without direction by the disclaiming person to another person.
18481848 (12) Upon the death of a retired member who has contributed to
18491849 the System, the retirement system shall pay to the designated
18501850 beneficiary of the member or, if there is no designated beneficiary
18511851 or if the designated beneficiary pre deceases the member, to the
18521852 estate of the member, the sum of Five Thousand Dollars ($5,000.00)
18531853 as a death benefit. The beneficiary or beneficiaries of benefits
18541854 provided pursuant to this subsection may elect to disclaim such
18551855 death benefits in which case su ch benefits will be transferred to a
18561856 person licensed as a funeral director or to a lawfully recognized
18571857 business entity licensed as required by law to provide funeral
18581858 services for the deceased member. The qualified disclaimer must be
18591859 in writing and will be an irrevocable and an unqualified re fusal to
18601860 accept all or a portion of the death benefit. It must be received
18611861 by the transferor no more than nine (9) months after t he later of
18621862 the day the transfer creating the interest in the disclaiming person
18631863 is made or the day the disclaiming person att ains age twenty-one
18641864 (21). The interest in the death benefits must pass without RBH No. 5119
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18911891 direction by the disclaiming person to another per son. The benefit
18921892 payable pursuant to this subsection shall be deemed, for purposes of
18931893 federal income taxation, as life insura nce proceeds and not as a
18941894 death benefit if the Internal Revenue Se rvice approves this
18951895 provision pursuant to a private letter rulin g request which shall be
18961896 submitted by the Board of Trustees of the System for that purpos e.
18971897 (13) Upon the death of a member w ho dies leaving no living
18981898 beneficiary or having designated his or her estate as beneficiary,
18991899 the System may pay any applicable dea th benefit, unpaid
19001900 contributions, or unpaid benefit which may be subject to probate, in
19011901 an amount of Twenty-five Thousand Dollars ($25,000.00) or less,
19021902 without the intervention of the probate court or probate procedure
19031903 pursuant to Section 1 et seq. of Titl e 58 of the Oklahoma Statutes.
19041904 (a) Before any applicable probate procedure may be waived , the
19051905 System must be in receipt of th e member's proof of death and the
19061906 following documents from those p ersons claiming to be the legal
19071907 heirs of the deceased member:
19081908 1. The member's valid last will and testament, trust
19091909 documents or affidavit that a will doe s not exist;
19101910 2. An affidavit or affid avits of heirship which must
19111911 state:
19121912 a. the names and signatures of all claiming heirs to
19131913 the deceased member's estate including th e
19141914 claiming heirs' names, relationship to the RBH No. 5119
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19411941 deceased, current addresses, tax I.D. number s if
19421942 known and current telephone numb ers,
19431943 b. a statement or statements by the claiming heirs
19441944 that no application or petition for the
19451945 appointment of a personal represen tative is
19461946 pending or has been granted in any jurisdiction,
19471947 c. a description of the person al property claimed,
19481948 (i.e., death benefit or unpaid contributions or
19491949 both) together with a statement th at such
19501950 personal property is subject to probate,
19511951 d. a statement by each individual claiming heir
19521952 identifying the amount of personal property that
19531953 the heir is claiming from the System, and th at
19541954 the heir has been notified of, is aware of and
19551955 consents to the identified claims of all the
19561956 other claiming heirs of the decease d member
19571957 pending with the System;
19581958 3. A written agreement or agreements signed by all
19591959 claiming heirs of the deceased member whi ch provides
19601960 that the claiming heirs release, discharge and hold
19611961 harmless the System from any and all liability,
19621962 obligations and costs which it may incur as a result
19631963 of making a payment to any of the deceased member 's
19641964 heirs; RBH No. 5119
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19911991 4. A corroborating affidavit fro m an individual other
19921992 than a claiming heir, who was familiar with the
19931993 affairs of the deceased member;
19941994 5. Proof that all debts of t he deceased member, including
19951995 payment of last sickness, hospital, medical, death,
19961996 funeral and burial expenses have been paid o r provided
19971997 for.
19981998 (b) The Executive Director of the System shall re tain complete
19991999 discretion in determining which requests for proba te waiver may be
20002000 granted or denied, for any reason. Should the System have any
20012001 question as to the validity of any document pr esented by the
20022002 claiming heirs, or as to any statement or assertion contained
20032003 therein, the probate requirement provided for in Sect ion 1 et seq.
20042004 of Title 58 of the Oklahoma Statutes shall not be waived.
20052005 (c) After paying any death benefits or unpaid contrib utions to
20062006 any claiming heirs as provided pursuant to this subsecti on, the
20072007 System is discharged and released from any and all liabi lity,
20082008 obligation and costs to the same extent as if the System had dealt
20092009 with a personal representative of the deceased member . The System
20102010 is not required to inquire into the truth of any mat ter specified in
20112011 this subsection or into the payment of any esta te tax liability.
20122012 (14) Upon the death of a retired member, the benefit payment
20132013 for the month in which the retired member died , if not previously
20142014 paid, shall be made to the joint annuitant if still living, to the RBH No. 5119
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20412041 beneficiary of the member if the joint annu itant is deceased, or to
20422042 the member's estate if there is no surviving joint annuitant or
20432043 beneficiary. Such benefit payment sh all be made in an amount equal
20442044 to a full monthly benefit payment r egardless of the day of the month
20452045 in which the retired member di ed.
20462046 SECTION 3. AMENDATORY 70 O.S. 2021, Section 17 -116.2, is
20472047 amended to read as follows:
20482048 Section 17-116.2 A. 1. Beginning July 1, 1987, and prior to
20492049 July 1, 1995, a member who retires on or after the member 's normal
20502050 retirement age or whose retirement is be cause of disability shall
20512051 receive an annual allowance for life, payable monthly, in an amount
20522052 equal to two percent (2%) of the member's highest three-year average
20532053 salary upon which member contributions were mad e, multiplied by the
20542054 number of the member 's years of creditable service.
20552055 A classified member who retired prior to July 1, 1986, shall
20562056 have the member's retirement allowance calculated on a minimum
20572057 average salary of Eleven Thousand Five Hundred Dollars ($11 ,500.00)
20582058 or on the member's current minimum av erage salary plus Two Thousand
20592059 Dollars ($2,000.00), whichever is greater. Beginning July 1, 1994 ,
20602060 a classified member who retired prior to July 1, 1993, shall have
20612061 the member's retirement allowance calculated on the member's current
20622062 minimum average salary plus Five Hundred Fifty Dollars ($550.00).
20632063 An unclassified member who retired prior to July 1, 1986, shall have
20642064 the member's retirement allowance calculated on a minimum average RBH No. 5119
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20912091 salary of Nine Thousand Five H undred Dollars ($9,500.00) or on the
20922092 member's current minimum average salary plus One Thousand Dollars
20932093 ($1,000.00), whichever is greater. Begi nning July 1, 1994, an
20942094 unclassified member who retired prior to July 1, 1993, shall have
20952095 the member's retirement allowance calculated on the member 's current
20962096 minimum average salary plus Two Hundred Seventy -five Dollars
20972097 ($275.00). Those individuals receivi ng benefits pursuant to
20982098 subsection (3) of Section 17-105 of this title whose benefits
20992099 commenced prior to July 1, 1993, shall receive an increase in
21002100 benefits of two and one-half percent (2 1/2%). No retirement
21012101 benefit payments shall be made retroactively.
21022102 For those members retiring before normal retirement age, except
21032103 for those members retiring because of a disabilit y, the retirement
21042104 allowance shall be subject t o adjustment in accordance with the
21052105 actuarial equivalent factors adopted by the Board of Trustees .
21062106 2. Beginning July 1, 1995, a member, who has no service
21072107 performed on or after July 1, 1995, for an entity or i nstitution
21082108 within The Oklahoma State System of Higher Education, who retires on
21092109 or after the member's normal retirement age or whose retirement is
21102110 because of disability shall receive an annual allowance for life,
21112111 payable monthly as follows:
21122112 a. if the member becomes a member after June 30, 1995,
21132113 and was not eligible to become a member prior to July
21142114 1, 1995, in an amount equal to two percent (2%) o f the RBH No. 5119
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21412141 member's average salary upon which member
21422142 contributions were made, multiplied by the number of
21432143 the member's years of creditable service, or
21442144 b. if the member became a member or is eligible to become
21452145 a member prior to July 1, 1995, and elected to have a
21462146 maximum compensation level in excess of Twenty-five
21472147 Thousand Dollars ($25,000.00) pursuant to paragraph 1
21482148 of subsection C of this section or pursuant to
21492149 subsection E of this section, or if the member 's
21502150 salary has never exceeded Twenty -five Thousand Dollars
21512151 ($25,000.00) prior to July 1, 1995, in an amount equal
21522152 to:
21532153 (1) two percent (2%) of the member 's average salary
21542154 upon which member contributions were made not to
21552155 exceed Forty Thousand Dollars ($40,000.00),
21562156 multiplied by the number of the member 's years of
21572157 credited service authorized and performed prior
21582158 to July 1, 1995, plus any years of prior service
21592159 authorized under this title, plus
21602160 (2) two percent (2%) of the member's average salary
21612161 upon which member contributions were made,
21622162 multiplied by the number of t he member's years of
21632163 credited service authorized and performed after
21642164 June 30, 1995, or RBH No. 5119
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21912191 c. if the member became a member or is eligible to become
21922192 a member prior to July 1, 1995, and was eligible to
21932193 elect to have a maximum compensation level in excess
21942194 of Twenty-five Thousand Dollars ($25,000.00) and did
21952195 not elect or elected not to have a maximum
21962196 compensation level of F orty Thousand Dollars
21972197 ($40,000.00) pursuant to paragraph 1 of subsection C
21982198 of this section or pursuant to subsection E of this
21992199 section, in an amount equal to:
22002200 (1) two percent (2%) of the member's average salary
22012201 upon which member contributions were made not to
22022202 exceed Twenty-five Thousand Dollars ($25,0 00.00),
22032203 multiplied by the number of the member 's years of
22042204 credited service authorized and perform ed prior
22052205 to July 1, 1995, plus any years of prior service
22062206 authorized under this title, plus
22072207 (2) two percent (2%) of the member's average salary
22082208 upon which member contributions were made,
22092209 multiplied by the number of the member 's years of
22102210 credited service authorized and performed after
22112211 June 30, 1995.
22122212 3. A member who becomes a member on or aft er the effective date
22132213 of this act and who retires on or after the member 's normal
22142214 retirement age or whose retirement is be cause of disability shall RBH No. 5119
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22412241 receive an annual all owance for life, payable monthly, in an amount
22422242 equal to:
22432243 a. one and seven-tenths percent (1.7%) of the member's
22442244 average salary multiplied by the number of member 's
22452245 years of credited service, if the member has at least
22462246 five (5) years but not more than thirteen (13) years
22472247 of credited service,
22482248 b. two percent (2.0%) of the member's average salary
22492249 multiplied by the number of member 's years of credited
22502250 service, if the member has more than thirteen (13)
22512251 years but not more than twenty-five (25) years of
22522252 credited service,
22532253 c. two and one-tenths percent (2.1%) of the member's
22542254 average salary multiplied by the number of member's
22552255 years of credited service, if the member has more than
22562256 twenty-five (25) years but not more than thirty-three
22572257 (33) years of credited service, or
22582258 d. two and two-tenths percent (2.2%) of the member's
22592259 average salary multiplied by the number of member's
22602260 years of credited service, if the member has more than
22612261 thirty-three (33) years of credited service.
22622262 B. Except as otherwise provided for in this section, the amount
22632263 contributed by each member to the retirement syste m shall be: RBH No. 5119
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22892289
22902290 1. Beginning July 1, 1992, through June 30, 1996, six percent
22912291 (6%) of the regular annual compensation of such member not in excess
22922292 of Twenty-five Thousand Dollars ($25, 000.00) and beginning July 1,
22932293 1995, through June 30, 1996, six percent (6%) of the maximum
22942294 compensation level;
22952295 2. Beginning July 1, 1996, th rough June 30, 1997, six and one -
22962296 half percent (6 1/2%) of the regular annual compensation of members,
22972297 who are not employed by an entity or institution within The Oklahoma
22982298 State System of Higher Education not in excess of Twenty-five
22992299 Thousand Dollars ($25,0 00.00) and beginning July 1, 1996, through
23002300 June 30, 1997, six and one -half percent (6 1/2%) of the regular
23012301 annual compensation of members, who are employed by an entity or
23022302 institution within The Oklahoma State System o f Higher Education,
23032303 not in excess of Twenty-five Thousand Dollars ($25,000.00);
23042304 3. Beginning July 1, 1997, seven percent (7%) of the regular
23052305 annual compensation of the member not in excess of any applicable
23062306 maximum compensation level of the member; and
23072307 4. All public schools in this state sha ll treat the employee
23082308 contributions as being picked up under the provisions of Section 414
23092309 (h)(2) of the Internal R evenue Code of 1986 in determining tax
23102310 treatment.
23112311 Subject to Internal Reve nue Service approval, paragra ph 4 of this
23122312 subsection shall not appl y to a comprehensive university group
23132313 established on or before July 1, 1998, whose employee contributions RBH No. 5119
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23402340 were consistently treated as not picked up as of July 1, 1998, and
23412341 at all times thereafter.
23422342 C. 1. Prior to Jul y 1, 1995, an active member of the Sys tem
23432343 may elect to have a maximum compensation level of Forty Thousand
23442344 Dollars ($40,000.00). Such an election shall be made in writing and
23452345 filed with the System. Members whose salaries are in excess of
23462346 Twenty-five Thousand Dollars ($25,000.00) on July 20, 1987, shall
23472347 file the election with the System prior to January 1, 1988. Members
23482348 whose salaries exceed Twenty -five Thousand Dollars ($25,000.00)
23492349 after July 20, 1987, shall file the election when the salary exceeds
23502350 Twenty-five Thousand Dollars ($25,000.00). If a member makes such
23512351 an election, the member shall contribute the following amounts:
23522352 a. beginning July 1, 1992, through June 30, 1993, eleven
23532353 percent (11%) of the regular annual compens ation of
23542354 such member that is in excess of Twenty-five Thousand
23552355 Dollars ($25,000.00) and is not in excess of Forty
23562356 Thousand Dollars ($40,000.00),
23572357 b. beginning July 1, 1993, through Ju ne 30, 1994, nine
23582358 percent (9%) of the regular annual compensation of
23592359 such member that is in excess of T wenty-five Thousand
23602360 Dollars ($25,000.00) and is not in excess of Forty
23612361 Thousand Dollars ($40,000.00), and
23622362 c. beginning July 1, 1994, through June 30, 199 5, eight
23632363 percent (8%) of the regular annual compensation of RBH No. 5119
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23902390 such member that is in excess of Twenty -five Thousand
23912391 Dollars ($25,000.00) and is not in excess of Forty
23922392 Thousand Dollars ($40,000.00). Except as provided in
23932393 subsection E of this section, any suc h election shall
23942394 be irrevocable.
23952395 2. After June 30, 1995, in addition to t he amount contributed
23962396 by each member to the retirement system pursu ant to subsection B of
23972397 this section, the total amount contributed by each member to the
23982398 retirement system shall inc lude, beginning July 1, 1995, through
23992399 June 30, 1997, seven percent (7%) of the regular annual compensat ion
24002400 of each member, who is not employe d by an entity or institution
24012401 within The Oklahoma State System of Higher Education, that is in
24022402 excess of Twenty-five Thousand Dollars ($25,000.00) and beginning
24032403 July 1, 1996, through June 3 0, 1997, seven percent (7%) o f the
24042404 regular annual compensation of e ach member who is employed by an
24052405 entity or institution within The Oklahoma State System of Higher
24062406 Education in excess of Twenty-five Thousand Dollars ($25,000.00),
24072407 but not in excess of any applicable maximum compensati on level of
24082408 the member.
24092409 D. 1. Any member who was a contributing member of the
24102410 Retirement System between July 1, 1987, and June 30, 1995, who at
24112411 the time the member was eligible to make an election to increase the
24122412 maximum compensation level of the member, failed to make an election
24132413 or chose not to increase the maximum compensation level of the RBH No. 5119
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24402440 member to Forty Thousand Dollars ($40,000.00), may elect to ma ke
24412441 back contributions to the Retirement System. The member shall
24422442 complete a new election form and file with the Board of Trustees,
24432443 the form and a payment equaling the difference between the amount
24442444 contributed at the twenty -five-thousand-dollar level and the
24452445 appropriate contribution on compensation in excess of Twenty -five
24462446 Thousand Dollars ($25,000.00) up t o a maximum of Forty Thousand
24472447 Dollars ($40,000.00) shall be made prior to the official retirement
24482448 date of the member. The required payment shall include any
24492449 contribution required by the employing school district, and shall
24502450 include interest compounded annu ally at ten percent (10%) per annum
24512451 of both employer and employee contributions.
24522452 2. Any changes made pursuant to this subsection shall be
24532453 irrevocable.
24542454 E. 1. An individual who withdrew from the Teachers ' Retirement
24552455 System and whose salary was in excess o f Seven Thousand Eight
24562456 Hundred Dollars ($7,800.00) and had elected to contribute only on
24572457 Seven Thousand Eight Hundred Dollars ($7,800.00) before his or h er
24582458 withdrawal shall contribute on the earning ceiling as provided for
24592459 in this section on his or her ree ntry into membership in the
24602460 Teachers' Retirement System.
24612461 2. An individual who elected to contribute on a maximum of
24622462 Seven Thousand Eight Hundred Dollars ($7,800.00) per annum shall, RBH No. 5119
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24892489 beginning July 1, 1979, contribute on his or her earning ceiling as
24902490 provided for in this section.
24912491 3. Any member who elected to contribute on Seven Thousand Eight
24922492 Hundred Dollars ($7,800.00) prior to January 1, 1978, and whose
24932493 salary was more than Seven Thousand Eight Hundred Dollars
24942494 ($7,800.00) during the school years 1974 -75 through 1978-79 may
24952495 elect to make back contributions to the retirement system by paying
24962496 the five percent (5%) contributions on the difference between Sev en
24972497 Thousand Eight Hundred Dollars ($7,800.00) and the actual salary of
24982498 the member, not to exceed Ten Th ousand Dollars ($10,000.00) for each
24992499 applicable school year, plus interest compounded annually at ten
25002500 percent (10%) per annum. Such payment shall be mad e prior to the
25012501 official retirement date of the member.
25022502 F. Each employer shall cause to be deducted fro m the salary of
25032503 each member on each an d every payroll of such employer for each and
25042504 every payroll period, the proper percentage of his or her earnable
25052505 compensation as provided for in subsection B or subsection C of this
25062506 section.
25072507 1. Deductions shall begin with the first payroll period of the
25082508 school year. In determining the amount earnable by a member in a
25092509 payroll period, the Board of Trustees shall consid er the rate of
25102510 annual compensation payable to such member on the first day of the
25112511 payroll period as con tinuing throughout such payroll period , and it
25122512 may omit deductions from compensation for any period less than a RBH No. 5119
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25392539 full period, and to facilitate the making of deductions, it may
25402540 modify the deduction required of any member by such an amount as
25412541 shall not exceed one-tenth of one percent (1/10 of 1% ) of the annual
25422542 compensation upon the basis of which such deduction is to be made.
25432543 Prior to January 1, 1991, any a ctive contributing member who joined
25442544 the System subsequent to July 1, 1943 , may pay the normal cost,
25452545 which shall mean the single sum which wo uld have been paid under
25462546 existing statutes at the time the service was performed, plus
25472547 interest, for years of teach ing service in Oklahoma from the date of
25482548 establishment of the System in 19 43 to date of membership, in a lump
25492549 sum, or in installments equal t o establishing one (1) year of
25502550 creditable service. Effective January 1, 1991, any active
25512551 contributing member who j oined the System subsequent to July 1,
25522552 1943, may pay the amount determined by the Board of Trustees
25532553 pursuant to Section 17-116.8 of this title for years of teaching
25542554 service in Oklahoma from the date of establishment of the System in
25552555 1943 to date of members hip, in a lump sum, or in installments equal
25562556 to establishing one (1) year of creditable service. For p urposes of
25572557 this option, teaching servi ce in Oklahoma shall include the teaching
25582558 of vocational agricultural courses within Oklahoma for the federal
25592559 government. Years for which contributions are paid shall count as
25602560 membership service under this plan. A mem ber may receive credit for
25612561 not more than five (5) years of teaching service rendered while in
25622562 the Peace Corps or in the public schools of a territory of the RBH No. 5119
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25892589 United States or the public schools, American Military Dependent
25902590 Schools or state colleges or state universities outside this state
25912591 by paying his or her contributions, plus interest, and membership
25922592 fees to the retirement system, subject to the regulati ons of the
25932593 Board of Trustees, providing he or she is not receiving and is not
25942594 eligible to receive retir ement credit or benefits from said ser vice
25952595 in any other public retirement system of this state, or any other
25962596 state or territory of the United States subj ect to the following
25972597 provisions:
25982598 a. the member is required to have two (2) years of
25992599 employed service teaching earned in Oklahoma for each
26002600 year of Peace Corps, territorial, out -of-state,
26012601 noncovered in-state or military membership credit
26022602 granted.
26032603 b. prior to January 1, 1991, the out-of-state or
26042604 noncovered in-state payment shall be the normal cost,
26052605 which means the single sum which would have been paid
26062606 under existing law at the time the service was
26072607 performed, plus interest, on the basis of what his or
26082608 her annual salary would have been in Oklahoma or out
26092609 of state, whichever is greater , had he or she been
26102610 employed as a teacher. Effective January 1, 1 991, the
26112611 Peace Corps, territorial, out -of-state or noncovered
26122612 in-state payment shall be the amount determined by th e RBH No. 5119
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26392639 Board of Trustees pursuant to Section 17-116.8 of this
26402640 title.
26412641 2. In addition to the deductions herei nabove provided for, any
26422642 member who becomes a member of the Armed Forces of the United States
26432643 of America during any period of national emergency, includi ng World
26442644 War II, the Korean conflict, the Vietnam conflict or others as ma y
26452645 be determined by the Board of Trustees, or whose entrance into or
26462646 training for the teaching profession was interrupted by his or her
26472647 entrance into the Armed Forces, and who was or shall have become a
26482648 member of the Teachers' Retirement System shall be gra nted the
26492649 privilege of making up his or her five percent (5%) contri butions as
26502650 provided for in this section until January 1, 1991, for not to
26512651 exceed five (5) years of service in the A rmed Forces by electing to
26522652 pay said contributions on the basis of the rate of pay in his or her
26532653 contract as a teacher at the time his or her service in the Armed
26542654 Forces commenced or in the case of a teacher who was not teaching
26552655 prior to entering the Armed Forces, on the basis of the salary of
26562656 the first year of teaching after bei ng honorably discharged from the
26572657 Armed Forces. Effective January 1 , 1991, the member will receive
26582658 such service upon payment of the amount determined by the Board of
26592659 Trustees pursuant to Section 17-116.8 of this title. Such
26602660 contributions shall be credited in the regular manner, and t he
26612661 period for which said contributions were paid shall be counted as
26622662 creditable years of service and allocated to the period during which RBH No. 5119
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26892689 the military service was rendered, except that the period for which
26902690 contributions were pa id must have been continuous and shall be
26912691 credited in the aggregate , regardless of fiscal year limitations.
26922692 Notwithstanding any provision herein to the contrary, contributions,
26932693 benefits and service credit with respect to qualified military
26942694 service as defined by Section 414(u) of the Internal Revenue Code of
26952695 1986 shall be provided in accordance with Section 414(u) of the
26962696 Internal Revenue Code.
26972697 3. Retirement benefits for all service c redits purchased
26982698 pursuant to this subsection shall be determined in accord ance with
26992699 the provisions of paragraph 2 of this subsection.
27002700 G. Effective July 1, 2004, the total creditable service of a
27012701 member who retires or terminates employment and elects a ves ted
27022702 benefit shall include not to exceed one hundred twenty (120) days of
27032703 unused sick leave accumulated subsequent to August 1, 1959. Twenty
27042704 (20) days of unused sick leave shall equal one (1) month for
27052705 purposes of creditable service credit. If the member becomes a
27062706 member or was eligible to become a member prior to July 1, 1995, the
27072707 year of credit received in this section shall be treated as se rvice
27082708 earned prior to July 1, 1995. This subsection shall apply to
27092709 members retiring or vesting on or after the eff ective date of this
27102710 act and shall not be retroactive.
27112711 H. Any member who: RBH No. 5119
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27382738 1. Shall be absent from the teaching service because of
27392739 election to the State Legislature or appointment to the executive
27402740 branch in an education -related capacity shall be allowed th irty (30)
27412741 days from the date as of which the person is officially elected or
27422742 appointed to file an elect ion with the Teachers ' Retirement System
27432743 to retain his or her membership in the Teachers ' Retirement System
27442744 upon payment of the contribution required of other members and
27452745 employers of said members as provided for in this sectio n and his or
27462746 her service credits shall continue to be accumulated d uring such
27472747 absence, provided he or she is not receiving retirement credits or
27482748 benefits from said service beginning after July 1, 1992, in other
27492749 public retirement systems; or
27502750 2. Became an employee of the Oklahoma Commi ssion for Teacher
27512751 Preparation on or su bsequent to June 1, 2001, but prior to July 1,
27522752 2002, who was previously employed by a participating employer within
27532753 the Teachers' Retirement System of Oklahoma, may elect to cancel any
27542754 accumulated service credit accrue d within the Oklahoma Public
27552755 Employees Retirement System on or after June 1, 2001, but prior to
27562756 July 1, 2002, by filing an election with the Oklahoma Pub lic
27572757 Employees Retirement System for the cancellation of such service
27582758 credit. The election shall be irr evocable and shall require the
27592759 Oklahoma Public Employees Retirement System to transfer all
27602760 accumulated employer and employee contributions made on behalf of or
27612761 by the person making such election to the Teachers ' Retirement RBH No. 5119
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27882788 System for such period of time. The Teachers' Retirement System
27892789 shall compute the employee contributions that would have been made
27902790 to the System by such employee if the contributions ha d been
27912791 computed pursuant to this section. In order to receive the full
27922792 amount of creditable service fo r the period of time on or after June
27932793 1, 2001, but not later than June 30, 2002, the employee shall be
27942794 required to pay any difference between the transfe rred employee
27952795 contributions and the amount computed by the Teachers ' Retirement
27962796 System. The employee m ay make payment of any required amount in the
27972797 manner provided by and subject to the requirements of Section 17 -
27982798 116.8 of this title. After payment of all required employee
27992799 contributions, the Teachers' Retirement System shall cr edit the
28002800 period of time repre sented by the transferred employee con tributions
28012801 as creditable service within the meaning of Section 17 -101 of this
28022802 title. After the transfer of the emp loyee contributions, the
28032803 Oklahoma Public Employees Retirement System shall cancel any service
28042804 credit previously accumulated for the period of time represented by
28052805 such transferred employee contributions. Any person who makes the
28062806 election provided for by th is paragraph, and who continues
28072807 employment with the Oklahoma Commission fo r Teacher Preparation on
28082808 or after July 1, 2002, shall continue to a ccrue service credit in
28092809 the Teachers' Retirement System of Oklahoma. The employer shall
28102810 make employer contribution s according to the requirements of Section RBH No. 5119
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28372837 17-108.1 of this title and shal l provide for the deduction o f
28382838 employee contributions as required b y this section.
28392839 I. Any member who shall be absent from the teaching service
28402840 because of election or appointment as a local, state or national
28412841 education association officer, prior to January 1, 2011, shall be
28422842 allowed to retain his or her membership in the T eachers' Retirement
28432843 System upon payment of the contribution required of other members
28442844 and employers of said members as provided for in this section and
28452845 his or her service credits shall cont inue to be accumulated during
28462846 such absence. Provided, however, any one such absence shall not
28472847 exceed twelve (12) continuous years. No member who has less than
28482848 ten (10) years of con tributory service on July 1, 1994, may make
28492849 this election after June 30, 1 994. Members contributing to the
28502850 System on July 1, 1994, may conti nue to contribute under this
28512851 subsection until they have completed eight (8) years allowed by this
28522852 subsection. The member may file for retirement when otherwise
28532853 eligible for retirement as p rovided by Section 17-105 of this title.
28542854 J. A member may receive c redit for those years of service
28552855 accumulated by the member while employed by an entity which is a
28562856 participating employer in the Oklahoma Firefighters Pension and
28572857 Retirement System, the Okla homa Police Pension and Retir ement
28582858 System, the Uniform Retirement S ystem for Justices and Judges, the
28592859 Oklahoma Law Enforcement Retirement System, or the Oklahoma Public
28602860 Employees Retirement System, if the member is not receiving or RBH No. 5119
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28872887 eligible to receive reti rement credit or benefits fro m said service
28882888 in any other public ret irement system. A member also may receive
28892889 credit for those years of service with the Department of Wildlife
28902890 Conservation or with an employer that is a participating employer
28912891 within one of the state retirement systems specifically referred to
28922892 in this section when at the time of such service by the member the
28932893 employer was not such a participating employer, if the member is not
28942894 receiving or eligible to receive retirement credit or benefits fro m
28952895 said service in any other p ublic retirement system. To receive t he
28962896 service credit provided in this subsection, the member shall pay the
28972897 amount determined by the Board of Trustees pursuant to Section 17-
28982898 116.8 of this title. For purposes of this subsecti on, creditable
28992899 service transferred from the Oklahoma Public Employe es Retirement
29002900 System shall include service authorized under paragraph (f) of
29012901 subsection (2) of Section 913 of Title 74 of the Oklahoma Statutes
29022902 as amended from time to time. Members who re tire prior to July 1,
29032903 1993, shall have their monthly benefit adjust ed to include all
29042904 services accrued under paragraph (f) of subsection (2) of Section
29052905 913 of Title 74 of the Oklahoma Statutes. Provided however, any
29062906 adjustment of existing retirement benefi ts caused by reason of
29072907 inclusion of such service authorized under p aragraph (f) of
29082908 subsection (2) of Section 913 of Title 74 of the Oklahoma Statutes
29092909 shall not affect any retirement benefit paid prior to July 1, 1993. RBH No. 5119
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29362936 K. 1. An active member of the Teache rs' Retirement System of
29372937 Oklahoma may receive credit for those year s of service accumulated
29382938 by the member while a member of the Oklahoma Public Employees
29392939 Retirement System if:
29402940 a. the member is an active member of the Teachers'
29412941 Retirement System of Oklahoma , and
29422942 b. the member provides notice to the Oklahoma Public
29432943 Employees Retirement System and the Teachers '
29442944 Retirement System of Oklahoma of the member 's election
29452945 to transfer said servi ce credit. The notice shall
29462946 include a list of the years to be transferred , and
29472947 c. the member is not re ceiving or eligible to receive
29482948 retirement credit or benefits from said service in any
29492949 other public retirement system, notwithstanding the
29502950 years of service sought to be transferred under this
29512951 subsection.
29522952 Members electing to take advantage of the transfer au thorized by
29532953 this subsection who are re ceiving or eligible to receive retirement
29542954 credit or benefits from said service in any other public retirement
29552955 system shall have all service credit with the Oklahoma Public
29562956 Employees Retirement System canceled which is not transferred to the
29572957 Teachers' Retirement System of Oklahoma or used as a cash offset in
29582958 such a transfer pursuant to subparagraph d of paragraph 2 of t his
29592959 subsection. Service credit transferred to the Teachers ' Retirement RBH No. 5119
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29862986 System of Oklahoma under this s ubsection shall also be canceled with
29872987 the Oklahoma Public Employees Retirement System.
29882988 2. For purposes of this subsection, the "sending system" shall
29892989 mean the Oklahoma Public Employees Retirement System. The
29902990 "receiving system" shall mean the Teachers ' Retirement System of
29912991 Oklahoma.
29922992 a. Within thirty (30) days notification of an intent to
29932993 transfer is received by the sending system, the
29942994 sending system shall , according to its own rules and
29952995 regulations:
29962996 (1) for members who have acc rued at least eight (8)
29972997 years of credited service with the sending
29982998 system, determine the present value of the
29992999 member's earned benefits attributable to the
30003000 years of service sought to be transferred,
30013001 discounted according to the member 's age at the
30023002 time of transfer and computed as of the earliest
30033003 age at which the member woul d be able to retire.
30043004 Said computation shall assume an unreduced
30053005 benefit and be computed using interest and
30063006 mortality assumptions consistent with the
30073007 actuarial assumptions adopted by the Bo ard of
30083008 Trustees for purposes of preparing the annual
30093009 actuarial evaluation, but shall not make any RBH No. 5119
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30363036 projections regarding future salary. For
30373037 employees who have accrued at least eight (8)
30383038 years of credited service, the sending system
30393039 shall use the product of this calculation for
30403040 purposes of determining the transfer fee to b e
30413041 paid by the employee under subparagraph c of this
30423042 paragraph so long as it is greater than the
30433043 product of the calculation in division (2) of
30443044 this subparagraph, and
30453045 (2) determine the sum of the employee and employer
30463046 contributions applicable to the years of service
30473047 sought to be transferred plus interest consistent
30483048 with the actuarial assumptions adopted by the
30493049 Board of Trustees for purposes of preparing the
30503050 annual actuarial evaluation. For al l nonvested
30513051 members, and for members who have accrued at
30523052 least eight (8) years of credited service, if the
30533053 product of this calculation is greater than the
30543054 product of the calculation in division (1) of
30553055 this subparagraph, the sending system shall use
30563056 the product of this calculation for purposes of
30573057 determining the amount to be transferred by the
30583058 sending system under subparagraph c of this RBH No. 5119
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30853085 paragraph and any transfer fee to be paid by the
30863086 member under subparagraph d of this paragraph.
30873087 b. Within thirty (30) days notification of an intent to
30883088 transfer is received by the receiving system, the
30893089 receiving system shall determine, according to the
30903090 system's own rules and regulations, the present valu e
30913091 of the member's incremental projected benefits
30923092 discounted according to t he member's age at the time
30933093 of the transfer. Incremental projected benefits shall
30943094 be the difference between the projected benefit said
30953095 member would receive without transferring the service
30963096 credit and the projected benefit after transfer of
30973097 service credit computed as of the earliest a ge at
30983098 which the member would be able t o retire. Said
30993099 computation shall assume an unreduced benefit and be
31003100 computed using interest, salary projections an d
31013101 mortality assumptions consistent with the actuarial
31023102 assumptions adopted by the Board of Trustees for
31033103 purposes of preparing the annual actua rial evaluation.
31043104 c. The sending system shall, within sixty (60) days from
31053105 the date notification of an intent to tra nsfer is
31063106 received by the sending system, transfer to the
31073107 receiving system the amount determined in subp aragraph
31083108 a of this paragraph. Except if the cost as calculated RBH No. 5119
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31353135 under subparagraph a of this paragraph is greater than
31363136 the actuarial value of the increme ntal benefit in the
31373137 receiving system, as established in subparagraph b of
31383138 this paragraph, the sending s ystem shall send the
31393139 receiving system an amount equal to the actuarial
31403140 value of the incremental projected benefit in the
31413141 receiving system.
31423142 d. In order to receive the credit provided for in
31433143 paragraph 1 of this subsection, if the cost of the
31443144 actuarial value of the incremental benefit to the
31453145 receiving system is greater than the cost as
31463146 calculated under subparagraph a of this paragraph for
31473147 the same years of se rvice to the sending system as
31483148 established in subparagraphs a and b of thi s
31493149 paragraph, the employee sha ll elect to:
31503150 (1) pay any difference to receive full credit for the
31513151 years sought to be transferred, or
31523152 (2) receive prorated service credit for only the
31533153 amount received from the Oklahoma Public
31543154 Employees Retirement System pursuan t to this
31553155 subsection.
31563156 Such an election shall be made in writing, fi led with
31573157 the System prior to receiving the credit provided for RBH No. 5119
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31843184 in paragraph 1 of this subsection, and shall be
31853185 irrevocable.
31863186 3. Within sixty (60) days of successfully completing all of the
31873187 requirements for transfer und er this subsection, the sending system
31883188 shall pay the receiving system any amount due under this subsection.
31893189 Within sixty (60) days of successfully compl eting all of the
31903190 requirements for transfer under this subsection, the memb er shall
31913191 pay the receiving sy stem any amount due under this subsect ion. In
31923192 the event that the member is unable to pay the transfer fee provided
31933193 for in this subsection by the due dat e, the Board of Trustees of the
31943194 receiving system shall permit the member t o amortize the transfer
31953195 fee over a period not to exceed sixty (60) months. Said payments
31963196 shall be made by payroll deductions unless the Board of Trustees
31973197 permits an alternate paymen t source. The amortization shall include
31983198 interest in an amount not to exc eed the actuarially assumed i nterest
31993199 rate adopted by the Board of T rustees for investment earnings each
32003200 year. Any member who ceases to make payment, terminates, retires or
32013201 dies before completing the payments provided for in this section
32023202 shall receive prorated service credit for only those payments made,
32033203 unless the unpaid balance is paid by said member, his or her estate
32043204 or successor in interest within six (6) months after said member 's
32053205 death, termination of employment or retirement, provided no
32063206 retirement benefits shall be payable unt il the unpaid balance is RBH No. 5119
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32333233 paid, unless said member or beneficiary affirmatively waives the
32343234 additional six-month period in which to pay the unpaid balance.
32353235 4. Years of service transferred pursuant to this subsection
32363236 shall be used both in determining the mem ber's retirement benefit
32373237 and in determining the years of service for retirement and/or
32383238 vesting purposes. Years of service rendered as a member of the
32393239 Oklahoma Public Employees Retirement System prior to July 1, 1992,
32403240 if any, shall be deemed to be years of service rendered as a member
32413241 of the Teachers' Retirement System of Oklahoma prior to July 1,
32423242 1992, and shall qualify such person as a member of the Teac hers'
32433243 Retirement System of Oklahoma before July 1, 1992.
32443244 5. Notwithstanding the requirements of subsec tion (5) of
32453245 Section 917 of Title 74 of the Oklahoma Statutes, members electing
32463246 to take advantage of the transfer authorized by this subsection who
32473247 have withdrawn their contributions from the sending system shall
32483248 remit to the sending system the amount of th e accumulated
32493249 contributions the member has withdrawn plus simple interest of ten
32503250 percent (10%) per annum prior to making said election or the
32513251 election shall be deemed invalid and the transfer shall be canceled.
32523252 If such an election is deemed invalid and th e transfer is canceled,
32533253 the accumulated contribution remitted to the sending system by the
32543254 member who originally withdrew their contributions shall be re turned
32553255 to the member. The member's rights and obligations regarding any
32563256 service credit reestablished i n the sending system due to a failure RBH No. 5119
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32833283 to satisfy the requirements of this subsection shall be determined
32843284 by the sending system in accordance with Section 901 et seq. of
32853285 Title 74 of the Oklahoma Statutes.
32863286 6. If any member fails for any reason to satisfy th e
32873287 requirements of this subsection, the election to transfer service
32883288 credit shall be void and of no effect, and any service credited as a
32893289 result of this transfer shall be canceled. If such service is
32903290 canceled, the years of canc eled service credit which wer e
32913291 unsuccessfully transferred to the re ceiving system from the sending
32923292 system shall be reestablished in the sending system. The member 's
32933293 rights and obligations regarding any service credit reestablished in
32943294 the sending system du e to a failure to satisfy the requirements of
32953295 this subsection shall be determined by the sending system in
32963296 accordance with Section 901 et seq. of Title 74 of the Oklahoma
32973297 Statutes.
32983298 7. The Board of Trustees shall promulgate such rules as are
32993299 necessary to implement the provisions of th is subsection.
33003300 L. Any member whose re gular annual compensation was not
33013301 determined as provided for by law may pay the member contribution
33023302 required pursuant to subsection B of this section on such amount not
33033303 included in the memb er's regular annual compensat ion and receive
33043304 credit for such amount in the calculation of the member 's benefit.
33053305 The employees must pay the employer contributions required pursuant
33063306 to Section 17-108.1 of this title. Interest at the rate of ten RBH No. 5119
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33333333 percent (10%) per annum shall be charged to both employee and
33343334 employer contributions. Provided that the employing district may
33353335 pay all or any portion of the contributions and interest the memb er
33363336 is required to pay. Any payment by the employing district for a
33373337 prior year obligation shall be cons idered a current obligation of
33383338 the employer.
33393339 M. Any active member who elected during the 1978 -79 school year
33403340 to pay the difference between five percent (5%) on actual salary not
33413341 exceeding Ten Thousand Dollars ($10,000.00) and six percent (6%) on
33423342 actual salary not exceeding Fifteen Thousand Do llars ($15,000.00)
33433343 shall receive credit for one (1) year of credited service upon
33443344 receipt and approval of a proper request by the Board of Trustees.
33453345 N. Effective July 1, 1988, any member w ho is employed by the
33463346 Governor, the State Senate, the House of Repr esentatives or the
33473347 Legislative Service Bureau shall be allowed to elect to retain
33483348 membership in the Retirement Syst em upon payment of the accrued and
33493349 current member contributions and employ er contributions as provided
33503350 in subsection B of this section and Se ction 17-108.1 of this title.
33513351 Such contributions may be paid on behalf of the member by the
33523352 employing entity. Upo n payment of such contributions, service
33533353 credits shall continue to be accu mulated during such employmen t.
33543354 Accrued contributions shall be pai d to the Retirement System by
33553355 August 1, 1989. Current contributions shall be paid to the RBH No. 5119
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33823382 Retirement System by the tenth of the following month beginning with
33833383 the month of July 1989.
33843384 O. Notwithstanding any requirement s of this title to restrict
33853385 the payment of service purchases, the Board of Trustees shall
33863386 promulgate such rules as necessary to allow active members of t he
33873387 System to make installment payments for the redeposit of withdrawn
33883388 accounts or other payments due un der the provisions of this title.
33893389 The rules shall permit the member to amortize the balance due over a
33903390 period not to exceed sixty (60) months, and shall include interest
33913391 consistent with the actuarial assumptions adopted by the Board of
33923392 Trustees for purposes of preparing the annual actuarial e valuation.
33933393 Further, the rules shall provide that all payments must be completed
33943394 prior to the effective retirement date of the member.
33953395 P. 1. A member of the Oklahoma Public Employees Reti rement
33963396 System who becomes a m ember of the Teachers ' Retirement System of
33973397 Oklahoma because the member has become employed by an entity or
33983398 institution within The Oklahoma State System of Higher Education,
33993399 State Board of Education, State Board of Career and T echnology
34003400 Education, Oklahoma Department of Career and Technology E ducation,
34013401 Oklahoma School of Science and Mathematics, Oklahoma Center for the
34023402 Advancement of Science and Technology , State Department of
34033403 Rehabilitation Services, Oklahoma State Regents for Higher
34043404 Education, Department of Corrections, State Department of Ed ucation,
34053405 Oklahoma Board of Private Vocational Schools, Board of Regents of RBH No. 5119
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34323432 Oklahoma Colleges, Oklahoma Student Loan Authority, or the Teachers'
34333433 Retirement System of Oklahoma, may elect to r eceive credit in the
34343434 Teachers' Retirement System of Oklahoma for th ose years of service
34353435 accumulated by the member in the Oklahoma Public Employees
34363436 Retirement System pursuant to this subsection. A member shall be
34373437 eligible to elect to receive credit for suc h years of service if:
34383438 a. the member is an active member of the Tea chers'
34393439 Retirement System of Oklahoma,
34403440 b. the member provides notice to the Teachers ' Retirement
34413441 System of Oklahoma and the Oklahoma Public Employees
34423442 Retirement System of the member 's election to transfer
34433443 such retirement credit. The notice shall include a
34443444 list of the years to be transferred, and
34453445 c. the member is not receiving or eligible to receive
34463446 retirement credit or benefits from such service in any
34473447 other public retirement system, notwith standing the
34483448 years of service sought to be transferred under this
34493449 subsection.
34503450 Members electing to take advantage of the transfer authorized by
34513451 this subsection shall have all service credit with the Oklahoma
34523452 Public Employees Retirement System canceled which is transferred to
34533453 the Teachers' Retirement System of Oklahoma.
34543454 2. For purposes of this subsection, the "sending system" shall
34553455 mean the Oklahoma Public Employees Retirement System. The RBH No. 5119
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34823482 "receiving system" shall mean the Teachers ' Retirement System of
34833483 Oklahoma. Within thirty (30) day s after notification of an intent
34843484 to transfer is received by the sending system, the sending system
34853485 shall, according to its own rules, send to the receiv ing system all
34863486 employer and employee contributions made on behalf of the m ember
34873487 which were made to the sending system plus an additional amou nt of
34883488 earnings based on the actuarial assumed rate of the sending system.
34893489 Upon receipt of these contributions by t he receiving system, the
34903490 receiving system shall give credit to the transfe rring member in an
34913491 amount equal to the years of service accrued in the sending system.
34923492 3. If the transferring member 's normal retirement date
34933493 calculation is based upon the sum of th e member's age and number of
34943494 years of credited service totaling eighty (80 ) in the sending
34953495 system, then the member shall retain such calculat ion in the
34963496 receiving system.
34973497 4. The Board of Trustees shall promulgate such rules as are
34983498 necessary to implement th e provisions of this subsection.
34993499 Q. A former member of the Teachers ' Retirement System of
35003500 Oklahoma who withdrew his or her contributions fro m the System prior
35013501 to January 1, 1983, and who had at least ten (10) years of service
35023502 in the System and purchased t hat service in the Oklahoma Public
35033503 Employees Retirement System, may elect to revoke that purchase from
35043504 the Oklahoma Public Employees Retireme nt System and to repay the
35053505 withdrawn contributions to the System in order to be eligible, once RBH No. 5119
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35323532 such member reaches the normal retirement age, to receive a
35333533 retirement benefit that is based u pon years of service and
35343534 compensation at the time such member termi nated employment. In
35353535 addition, such former member may elect to transfer service credit
35363536 accrued in the Oklahoma Pub lic Employees Retirement System to the
35373537 Teachers' Retirement System of Okla homa pursuant to subsection K of
35383538 this section. The election, pursu ant to this subsection, shall be
35393539 made prior to September 1, 2000. The election and the repayment
35403540 shall be made according to rules promulgated by the Board.
35413541 SECTION 4. AMENDATORY 70 O.S. 2021, Section 17 -116.10,
35423542 is amended to read as follows:
35433543 Section 17-116.10 A. Subject to the requirements of Section 6 -
35443544 101.2 of this title and any other applicable requirements of law, a
35453545 member may enter into postretirement employment with a public school
35463546 of Oklahoma and stil l receive monthly retirement benefits sub ject to
35473547 the following limitations:
35483548 1. A retired member is not e ligible to be employed by the
35493549 public schools of Oklahoma, in any capacity, f or sixty (60) calendar
35503550 days between the retiree's last day of preretirement public
35513551 education employment and any postretirement public education
35523552 employment. For purposes of this se ction, the term "last day of
35533553 preretirement employment" shall mean the last d ay the employee is
35543554 required to be physically present on the job to complete the terms
35553555 of the employment contract or agreement. An employee on paid leave RBH No. 5119
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35823582 is still considered to be employed for purposes of this section.
35833583 Employment under any conditions during this time, volunteer services
35843584 for the purpose of obtaining a paid positi on at a later date, or
35853585 payment at a later time for services performed during this time
35863586 period shall cause the forfeiture of all retirement benefits
35873587 received during the period. Except as otherwise provided by
35883588 paragraphs 3 and 4 of this subsection, after the expiration of the
35893589 sixty (60) day period, a retired member may be employed by the
35903590 public schools of Oklahoma without any reduction in retirement
35913591 benefit;
35923592 2. Unless otherwise provided in paragraph 3 of this subsection,
35933593 earnings from the public schools may not exceed one-half (1/2) of
35943594 the member's final average salary used in computing re tirement
35953595 benefits, or the Earnings Limitation for emp loyees allowed by the
35963596 Social Security Administration, whichever is less . For retired
35973597 members under the age of sixty-two (62) years, the li mit on allowed
35983598 earnings from the public schools of Oklahoma for employment for the
35993599 performance of duties ordinarily performed by classified or
36003600 nonclassified personnel shall be the lesser o f Fifteen Thousand
36013601 Dollars ($15,000.00) or one-half (1/2) of the mem ber's final average
36023602 salary used in computing retirement benefits unless the earnings
36033603 limitation allowed by the Social Security Administration would be
36043604 greater than Fifteen Thousand Dollars ($15,000.00). For retired
36053605 members sixty-two (62) years of age or o lder the limit on allowed RBH No. 5119
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36323632 earnings from the public schools of Ok lahoma for the performance of
36333633 duties ordinarily perfo rmed by classified or nonclassified personnel
36343634 shall be the lesser of Th irty Thousand Dollars ($30, 000.00) or one-
36353635 half (1/2) of the member's final average salary used in computing
36363636 retirement benefits. Fo r purposes of this paragraph, the following
36373637 shall apply:
36383638 a. earnings shall mean "regular annual compensation " as
36393639 defined in paragraph (25) of Section 1 7-101 of this
36403640 title, and shall include an y payment by a public
36413641 school for services rendered by a retired member who
36423642 is employed for any purpose whatsoever. S upplemental
36433643 retirement payments paid by a former public school
36443644 employer pursuant to subsection 9 o f Section 17-105 of
36453645 this title or other s tate law shall not be considered
36463646 as earnings,
36473647 b. the Earnings Limitation for employees allowed by the
36483648 Social Security Administration to workers between the
36493649 age of sixty-two (62) years and sixty-five (65) years
36503650 shall apply to retired members below the age o f sixty-
36513651 two (62) years,
36523652 c. the limit on allowed earnings from th e public schools
36533653 shall be automatically adjusted effe ctive the first
36543654 day of January of each year to reflect the current RBH No. 5119
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36813681 Earnings Limitation for employe es as determined from
36823682 time to time by the Social Security Administration,
36833683 d. the earnings limit for the c alendar year in which a
36843684 member retires shall be one-twelfth (1/12) of the
36853685 annual limit multiplied by the number of months th e
36863686 member is eligible to wor k and receive payments from
36873687 the public schools of Oklahoma,
36883688 e. earnings in excess of the maximum limit on allowed
36893689 earnings from public schools of Oklahoma sha ll result
36903690 in a loss of future retirement benefits for the year
36913691 the postretirement employment was p erformed of One
36923692 Dollar ($1.00) for each O ne Dollar ($1.00) earned over
36933693 the maximum allowed earnings amoun t,
36943694 f. for those members age seventy (70) years and ov er, the
36953695 earnings in excess of the maximum limit allowed
36963696 earnings from public schools of Oklahoma s hall be one-
36973697 half (1/2) the member's final average salary used in
36983698 computing retirement benefits. However, any retired
36993699 member receiving benefits from the Retir ement System
37003700 who reached age seventy (70) years prior to July 1,
37013701 1991, shall not be restricted by the earnings limits
37023702 pursuant to this subp aragraph until January 1, 1994.
37033703 To qualify for the provisions o f this subparagraph,
37043704 the member must be employed less than one-half (1/2) RBH No. 5119
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37313731 time compared to other full -time employees in simi lar
37323732 positions;
37333733 3. Notwithstanding paragraph 2 of this subsection, a retired
37343734 classified or nonclassified member who has been retired for thirty-
37353735 six (36) or more months and who is employed by a public school to
37363736 perform duties ordinarily performed by classif ied or nonclassified
37373737 personnel shall be able to receive annualized e arnings from the
37383738 public school with no reduction in retiremen t benefits regardless of
37393739 the amount of annualized earnin gs. For a period of three (3) years
37403740 beginning July 1, 2017, members wh o have retired as of July 1 , 2017,
37413741 as active classroom teachers, who have been retired and receiving a
37423742 benefit for at least one ( 1) year, and who have not been employed by
37433743 any public school during that one-year period, shall be eligible to
37443744 be reemployed as an active classroom teache r in common or career
37453745 tech school districts, with no limitations on earnings. For a
37463746 period of three (3) years beginning July 1, 20 21, members who have
37473747 retired as of July 1, 2020, who have been retired and receiv ing a
37483748 benefit for at least one (1) year, and who have not been employed by
37493749 any public school during that one-year period, shall be eligible to
37503750 be reemployed as an active classroom teacher in common or career
37513751 tech school districts, with no limitations on ea rnings. The one-
37523752 year period starts with the retiree's last day of preretirement
37533753 public education employment. Members returning under this sectio n
37543754 shall not be subject to any earning limitations following the end of RBH No. 5119
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37813781 the three-year periods described in this paragraph. Mem bers
37823782 returning under this section shall only be employed pursuant to a
37833783 temporary contract; and
37843784 4. A member shall be considered t o be employed by a school
37853785 district to perform the duties ordinarily performed by classified or
37863786 nonclassified personnel if the m ember is hired by the school
37873787 district in the member's individual capacity to perform the duties
37883788 or if the member performs the dut ies through employment with a
37893789 proprietorship, partnershi p, corporation, limited liability company
37903790 or partnership, or any other business structure that has agreed or
37913791 contracted to provide the services to the school district;
37923792 3. For the first year a retired mem ber is employed full-time by
37933793 a public school distri ct, the maximum compensation amount shall be
37943794 Forty-five Thousand Four Hundred Twenty-nine Dollars ($45,429.00).
37953795 For all years of service after the first twelve (12) months after a
37963796 member retires from the System, t here shall be no minimum salary
37973797 requirement and the provisions of Section 18-114.14 of this title
37983798 shall not be applicabl e to compensation paid by a public school
37993799 district to a retired member of the System for full -time employment.
38003800 The provisions of this paragraph shall be applicable regardless of
38013801 whether the member is receiving his or her retirement benefit or not
38023802 and shall not depend upon any election the member might exercise to
38033803 suspend or delay rec eipt of the retirement benefit amount ; and RBH No. 5119
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38303830 4. For the second a nd subsequent years that a retired member is
38313831 employed full-time by a public school district, the maximum
38323832 compensation amount shall be Fifty -five Thousand Dollars
38333833 ($55,000.00) and the provisions of Section 18 -114.14 of this title
38343834 shall not be applicable to compe nsation paid by a public school
38353835 district for full-time employment to a retired member of the Syste m.
38363836 The provisions of this paragraph shall be applicable regardless of
38373837 whether the member is receiving his or her retirement benefit or not
38383838 and shall not depend upon any election the member might exe rcise to
38393839 suspend or delay receipt of the retirement benefit amount .
38403840 B. A public school district tha t employs a retired member shall
38413841 be required to make contribut ions to the System for the retired
38423842 member in an amount as req uired in Section 17-108.1 and in paragraph
38433843 3 of subsection B of Section 17-116.2 of this title. A retired
38443844 member employed pursuant to the provisions of this section s hall not
38453845 accrue any additional service credit in the Teachers ' Retirement
38463846 System of Oklahoma resulting from performance of postretirement
38473847 employment with a school district. The provisions of this
38483848 subsection for payment of employer contribution amounts and the
38493849 provisions prohibiting accrual of additional service credit shall be
38503850 applicable regardless of whether the member is r eceiving his or her
38513851 retirement benefit or not and shall not depend upon any election the
38523852 member might exercise to suspend or delay rec eipt of the retirement
38533853 benefit amount. RBH No. 5119
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38803880 C. For purposes of this section, postretirement employment of
38813881 less than one thousand (1,000) hours per year with the Governor, the
38823882 State Senate, the House of Representatives or the Le gislative
38833883 Service Bureau shall not be considered as postretirement employment
38843884 with a public school of Oklahom a.
38853885 D. The Board of Trustees of the Teachers' Retirement System of
38863886 Oklahoma shall promulgate such rules as are n ecessary to implement
38873887 the provisions of this section.
38883888 E. A member who has entered into postretirement employment with
38893889 a participating employer of the Teachers' Retirement System of
38903890 Oklahoma must fully comply with all the provisions of the rules
38913891 promulgated by the Board of Trustees pursuant to this section in
38923892 order to continue receiving his or her monthly retirement benefit.
38933893 SECTION 5. NEW LAW A new section of law to b e codified
38943894 in the Oklahoma Statutes as Section 6-101.6c of Title 70, unless
38953895 there is created a duplication in numbering, reads as fol lows:
38963896 A school district that employs a retired member of the Teachers '
38973897 Retirement System of Oklahoma shall not be subject t o any provisions
38983898 of law related to pretermination procedures and t he school district
38993899 shall not have any legal obligation to enter int o a postretirement
39003900 employment contract. All such postretirement employment contracts
39013901 shall be for a period of no longer th an twelve (12) months as agreed
39023902 to by the school district and the retired member. No school
39033903 district shall be obligated to rehire a retired member with whom the RBH No. 5119
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39303930 district has previously entered into a postretirement employ ment
39313931 contract.
39323932 SECTION 6. AMENDATORY 70 O.S. 2021, Section 18 -114.14,
39333933 is amended to read as follows:
39343934 Section 18-114.14 A. Beginning with the 2018 -2019 school year,
39353935 certified personnel, as defined in Section 26 -103 of this title, in
39363936 the public schools of Oklahoma shall receive in salary and/or fringe
39373937 benefits not less than the amounts specified in the following
39383938 schedule:
39393939 MINIMUM SALARY SCHEDULE
39403940 National
39413941 Years of Bachelor's Board Master's Doctor's
39423942 Experience Degree Certification Degree Degree
39433943 0 $36,601 $37,759 $37,991 $39,381
39443944 1 $37,035 $38,193 $38,425 $39,815
39453945 2 $37,469 $38,628 $38,859 $40,249
39463946 3 $37,904 $39,062 $39,294 $40,684
39473947 4 $38,338 $39,496 $39,728 $41,118
39483948 5 $38,810 $39,968 $40,200 $41,590
39493949 6 $39,273 $40,432 $40,663 $42,054
39503950 7 $39,737 $40,895 $41,127 $42,517
39513951 8 $40,200 $41,358 $41,590 $42,980
39523952 9 $40,663 $41,822 $42,054 $43,444
39533953 10 $41,684 $42,844 $43,568 $45,945 RBH No. 5119
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39803980 11 $42,177 $43,336 $44,061 $46,438
39813981 12 $42,670 $43,829 $44,554 $46,931
39823982 13 $43,162 $44,322 $45,047 $47,424
39833983 14 $43,655 $44,815 $45,539 $47,916
39843984 15 $44,167 $45,327 $46,052 $48,430
39853985 16 $44,660 $45,820 $46,545 $48,923
39863986 17 $45,153 $46,313 $47,038 $49,416
39873987 18 $45,646 $46,806 $47,531 $49,909
39883988 19 $46,139 $47,299 $48,024 $50,402
39893989 20 $46,652 $47,813 $48,538 $50,917
39903990 21 $47,145 $48,306 $49,031 $51,410
39913991 22 $47,639 $48,799 $49,524 $51,903
39923992 23 $48,132 $49,292 $50,018 $52,397
39933993 24 $48,625 $49,785 $50,511 $52,890
39943994 25 $50,049 $51,232 $51,971 $54,395
39953995 Master's Degree +
39963996 Years of National Board
39973997 Experience Certification
39983998 0 $39,149
39993999 1 $39,583
40004000 2 $40,018
40014001 3 $40,452
40024002 4 $40,886
40034003 5 $41,358 RBH No. 5119
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40304030 6 $41,822
40314031 7 $42,285
40324032 8 $42,749
40334033 9 $43,212
40344034 10 $44,728
40354035 11 $45,221
40364036 12 $45,713
40374037 13 $46,206
40384038 14 $46,699
40394039 15 $47,212
40404040 16 $47,705
40414041 17 $48,198
40424042 18 $48,691
40434043 19 $49,184
40444044 20 $49,698
40454045 21 $50,192
40464046 22 $50,685
40474047 23 $51,178
40484048 24 $51,671
40494049 25 $53,153
40504050 B. 1. When determining the Minimum Sal ary Schedule, "fringe
40514051 benefits" shall mean all or part of retirement benefits, exc luding
40524052 the contributions made pursuant to subsection A of Section 17 -108.1
40534053 of this title and the flexible bene fit allowance pursuant to Section RBH No. 5119
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40804080 26-105 of this title from the flexible benefit allowance funds
40814081 disbursed by the State Board of Education and the State Board of
40824082 Career and Technology Education pursuant to Section 26 -104 of this
40834083 title.
40844084 2. If a school dist rict intends to provide retirement benefits
40854085 to a teacher such th at the teacher's salary would be less than the
40864086 amounts set forth in the minimum sa lary schedule specifi ed in
40874087 subsection A of this section, the district shall be required to
40884088 provide written notification to the teacher prior to his or her
40894089 employment or, if already employed by the district, no later than
40904090 thirty (30) days prior to the date the district elects t o provide
40914091 retirement benefits such that the teacher 's salary would be less
40924092 than the minimum salary schedule.
40934093 C. Any of the degrees referred to in this s ection shall be from
40944094 a college recognized by the State Board of Education. The Bo ard
40954095 shall accept teaching experience from out -of-state school districts
40964096 that are accredited by the state board of education or appropriate
40974097 state accrediting agency for the di stricts. The Board shall accept
40984098 teaching experience from out -of-country schools that are accredited
40994099 or otherwise endorsed by the appropriate national or regional
41004100 accrediting or endorsement au thority. Out-of-country certification
41014101 documentation in a langua ge other than English shall be analyzed by
41024102 an educational credential evaluation se rvice in accordance w ith
41034103 industry standards and guidelines and approved by the State RBH No. 5119
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41304130 Department of Education. The person seeking to have credit granted
41314131 for out-of-country teaching experience shall be responsible for all
41324132 costs of the analysis by a credenti al evaluation service . The Board
41334133 shall accept teaching experience from primary and secondary schools
41344134 that are operated by the United States Department of Defense or are
41354135 affiliated with the United States Department of State.
41364136 D. For the purpose of state sa lary increments and r etirement,
41374137 no teacher shall be granted credit for more than five (5) years of
41384138 active duty in the military service or out -of-state or out-of-
41394139 country teaching experience as a certified teacher or its
41404140 equivalent. Nothing in this section shall prohibit boards of
41414141 education from crediting more years of experience on district salary
41424142 schedules than those allowed for state purposes.
41434143 E. The State Board of Educatio n shall recognize, for purposes
41444144 of certification and salary increments, all the ye ars of experience
41454145 of a:
41464146 1. Certified teacher who teaches in the educational program of
41474147 the Department of Corr ections, beginning with fiscal year 1981;
41484148 2. Vocational rehabil itation counselor under the Department of
41494149 Human Services if the counselor was empl oyed as a certified t eacher
41504150 by the State Department of Education when the Division of Vocational
41514151 Rehabilitation was transferred from the State Board of Career and
41524152 Technology Education or the State Board of Education to the Oklahoma
41534153 Public Welfare Commissio n on July 1, 1968; RBH No. 5119
41544154
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41804180 3. Vocational rehabilitation counselor which were completed
41814181 while employed by the Departme nt of Human Services if such counselor
41824182 was certified as a teache r or was eligible for certification as a
41834183 teacher in Oklahoma;
41844184 4. Certified teache r which were complete d while employed by the
41854185 Child Study Center located at University Hospital, if the teacher
41864186 was certified as a teacher in Oklahoma; and
41874187 5. Certified school psychologist or psychometrist which were
41884188 completed while employed as a doctoral intern, psychological
41894189 assistant, or psychologist with any agency of the State of Oklahoma
41904190 if the experience pr imarily involved work with persons of school - or
41914191 preschool-age and if the person was, at the time the experience was
41924192 acquired, certified as, or el igible for certificat ion as, a school
41934193 psychologist or psychometrist.
41944194 F. The provisions of this section shall not apply to teachers
41954195 who have retired from the Te achers' Retirement System of Oklahoma
41964196 and who have entered into postretirement employment with a public
41974197 school in Oklahoma and are still receiving a monthly retiremen t
41984198 benefit. The provisions of this section shall not be applicable
41994199 even if a member has ma de an election to suspend or delay receipt of
42004200 the retirement benefit am ount.
42014201 G. If a person employed as certified personnel, as defined in
42024202 Section 26-103 of this title, by a school district during the 2017 -
42034203 2018 school year was receiving a salary above the step level RBH No. 5119
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42304230 indicated by the State Minimum Salary Schedule for the 2017-2018
42314231 school year, the person shall receive a salary increase amount equal
42324232 to the amount indicated in subsection A of this section for the step
42334233 level indicated for the person, provided they remain emp loyed by the
42344234 same district, unless the hours or the duties of the c ertified
42354235 personnel are reduced proportionately.
42364236 SECTION 7. This act shall become effective November 1, 2023.
42374237
42384238 59-1-5119 CMA 01/18/23
42394239
42404240 THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
42414241 2512 E. 71
42424242 st
42434243 Street , Suite D ∙ Tulsa, Oklahoma 74136
42444244 (918) 492-9658 ∙ (918) 492- 9659
42454245
42464246
42474247
42484248
42494249 January18, 2023
42504250
42514251
42524252 Representative Dean Davis
42534253 Room 500
42544254
42554255
42564256 Re: RBH No. 5119
42574257
42584258
42594259 RBH No. 5119
42604260 Decreases the OTRS retirement age the earlier of age 60 or
42614261 completion of 35 years of service.
42624262 Lowers the service requirement to 5 years from 7 years
42634263 If retiring at normal retirement age or due disability
42644264 The benefit multiplier becomes if years of service is
42654265 Less than or equal 13: 1.7% of final average compensat ion
42664266 More than 13 but < 25 years: 2.0% of final average
42674267 compensation
42684268 More than 25 but < 33 years: 2.1% of final average
42694269 compensation
42704270 More than 33 years: 2.2% of final average compensation
42714271
42724272 Retired participant may return to employment with a participating
42734273 employer after 60 days continue to receive retirement benefits
42744274 provided the partici pant does not earn more than $ 45,429 for the
42754275 first year and $55,000 for the second year and thereafter.
42764276
42774277
42784278
42794279 RBH No. 5119 is a fiscal bill as defined by OPLAAA .
42804280
42814281
42824282 I am a member of the American Academy of Actuaries and meet the
42834283 Qualification Standards of the American Academy of Actuaries to
42844284 render the actuarial opinion herein.
42854285
42864286
42874287 Thomas E. Cummins
42884288
42894289
42904290 Thomas E. Cummins, MAAA
42914291
42924292