RBH No. 5826
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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2167 By: Ford
AS INTRODUCED
An Act relating to the Oklahoma Law Enforcement
Retirement System; amending 47 O.S. 2021, Section 2 -
305, which relates to retirement pay; modifying
benefit calculations for certain members; providing
an effective date; and declaring an emergen cy.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 2 -305, as
amended by Section 2, Chapter 255, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 2-305), is amended to read as follows:
Section 2-305.
A. Except as otherwise provided in this title, at any time
after attaining normal retirement date, any member of the Oklahoma
Law Enforcement Retirement System upon appli cation for unreduced
retirement benefits made and approved, may retire, and, during the
remainder of the member 's lifetime, receive annual retirement pay,
payable in equal monthly payments, equal to two and one-half percent
(2 1/2%) of the final average sa lary times years of credited RBH No. 5826
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service. If such retired member is reemployed by a state agency in
a position which is not covered by the System, such retired member
shall continue to receive in -service distributions from the System.
Prior to September 19, 2002, if such retired member was r eemployed
by a state agency in a position which is covered by the System, such
member shall continue to receive in -service distributions from the
System and shall not a ccrue any further credited service. If such a
member is reemployed by a state agency in a position which is
covered by the System on or after September 19, 2002, such member 's
monthly retirement payments shall be suspended until such member
retires and is not reemployed by a state agency in a position which
is covered by the System.
B. Beginning July 1, 1994, members who retired or were eligible
to retire prior to July 1, 1980, or their surviving spouses shall
receive annual retirement pay, payable in equ al monthly payments,
equal to the greater of their cur rent retirement pay, or two and
one-half percent (2 1/2%) of the actual paid gross salary being
currently paid to a highway patrol officer, at the time each such
monthly retirement payment is made, mult iplied by the retired
member's years of credited servi ce.
C. Except as otherwise provid ed by this subsection, members of
the System whose salary is set by statute who have retired after
completion of the mandatory twenty (20) years of service, and those
members with statutory salaries who retire after reachi ng the RBH No. 5826
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mandatory twenty-year retirement shall receive an annual retirement
pay, payable in equal monthly installments, based upon the greater
of either:
1. The top base salary currently paid to the hig hest
nonsupervisory position in the participating agen cy at the time each
such monthly retirement payment is made, limited to the annual
salary limit of the Economic Growth and Tax Relief Reconciliation
Act of 2001, as described in paragraph 9 of Section 2 -300 of this
title, multiplied by two and one -half percent (2 1/2%) multiplied by
the number of years of credited service and fraction thereof for the
following positions:
a. Oklahoma Highway Patrolman,
b. Communications Dispatcher,
c. Capitol Patrolman,
d. Lake Patrolman, and
e. Oklahoma State Bureau of Inve stigation - Special Agent
or Criminalist; or
2. The member's final average salary as set forth in paragraph
9 of Section 2-300 of this title, multiplied by two and one -half
percent (2 1/2%), and multip lied by the number of years of credited
service and fraction thereof.
No member of the System retired prior to July 1, 2002, shall
receive a benefit less than the amount the member is receiving as of
June 30, 2002. RBH No. 5826
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The provisions of paragraph 1 of this sub section shall not be
applicable to any member whose fi rst participating service with the
System occurs on or after November 1, 2012, except for include those
members who died in the performance of their duties pursuant to
Section 2-306 of this title.
D. Other members of the System whose retirement benefit is not
otherwise prescribed by this section who have retired after
completion of the mandatory twenty (20) years of serv ice, and those
members who retire after reaching the mandatory twenty -year
retirement shall receive an annual retirement pay, payable in equal
monthly payments, based upon the greater of either:
1. The actual average salary currently paid to the highest
nonsupervisory position in the part icipating agency at the time each
such monthly payment is made, limited to the annual salary limit of
the Economic Growth and Tax Relief Reconciliation Act of 20 01, as
described in paragraph 9 of Section 2-300 of this title, multiplied
by two and one-half percent (2 1/2%), multiplied by the number of
years of credited service and fraction thereof for the following
positions:
a. Alcoholic Beverage Laws Enforcement Commission - ABLE
Commission Agent III,
b. Oklahoma State Bureau of Narcotics and Dangerous Dru gs
Control - Narcotics Agent III, RBH No. 5826
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c. Oklahoma Tourism and Recreation Department - Park
Ranger II,
d. State Board of Pharmacy - Pharmacy Inspector,
e. University of Oklahoma - Police Officer, and
f. Oklahoma State Universit y - Police Officer; or
2. The other member's final average salary as set forth in
paragraph 9 of Section 2-300 of this title, multiplied by two and
one-half percent (2 1/2%), multiplied b y the number of years of
credited service and fraction thereof.
No member of the System retired prior to July 1, 2002, shall
receive a benefit less than the amount the member is receiving as of
June 30, 2002. The participating employer must certify to th e
System in writing the actual average gross salary currently paid to
the highest nonsupervisory positi on. The Board of Trustees shall
promulgate such rules as are necessary to implement the provisions
of this section.
The provisions of paragraph 1 of th is subsection shall not be
applicable to any member whose first partic ipating service with the
System occurs on or after May 24, 2013, except for include those
members who died in the performance of their duties pursuant to
Section 2-306 of this title.
E. A member who meets the definition of disability as defined
in paragraph 11 of Section 2 -300 of this title by direct reason of RBH No. 5826
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the performance of the member's duties as an officer shall receive a
monthly benefit equal to:
1. Two and one-half percent (2 1/2%);
2. Multiplied by:
a. twenty (20) years of credited service, if the member
had performed less than twenty (20) years of credited
service, notwithstanding the actual number of years of
credited service performed by the member prior to the
date of disability, or
b. the actual number of years of credited service and
fraction thereof performed by the member prior to the
date of disability, if the member had performed twenty
(20) or more years of credited service;
3. Multiplied by the greater of subparagraph a of this
paragraph and division 1 of subparagraph b of this paragraph or
division 2 of subparagraph b of this paragraph, as applic able:
a. the final average salary of the member, as set forth
in paragraph 9 of Section 2-300 of this title, and
b. (1) the top base salary cur rently paid to the highest
nonsupervisory position in the participating
agency of the member at the time each monthly
payment is made, limited to the annual salary
limit of the Economic Growth and Tax Relief
Reconciliation Act of 2001 described in paragraph RBH No. 5826
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9 of Section 2-300 of this title, for the
following positions:
(a) Oklahoma Highway Patrolman,
(b) Communications Dispatcher,
(c) Capitol Patrolman,
(d) Lake Patrolman, and
(e) Oklahoma State Bureau of Investigation -
Special Agent or Criminalist,
Provided, the participating employe r must certify to the System
in writing the top base s alary currently paid to the highes t
nonsupervisory position for division (1) of subparagraph b of this
paragraph, or
(2) the actual average salary currently paid to the
highest nonsupervisory position in the
participating agency of the membe r at the time
each monthly payment is made, limited to the
annual salary limit of the Economic Growth and
Tax Relief Reconciliatio n Act of 2001, described
in paragraph 9 of Section 2 -300 of this title,
for the following positio ns:
(a) Alcoholic Beverage Laws Enforcement (ABLE)
Commission - ABLE Commission Agent III, RBH No. 5826
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(b) Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control - Narcotics Agent
III,
(c) Oklahoma Tourism and Recreation Depar tment -
Park Ranger II,
(d) State Board of Pharmacy - Pharmacy
Inspector,
(e) University of Oklahoma - Police Officer, and
(f) Oklahoma State University - Police Officer,
Provided, the participating employer must certify to the System
in writing the actual average gross salary currently pa id to the
highest nonsupervisory position for division (2) of subparagraph b
of this paragraph;
4. No member of the System receiving benefits prescribed by
this subsection who retired prior to July 1, 2002, shall receive a
benefit of less than the amount th e member was receiving as of June
30, 2002;
5. The Board of Trustees shall promulgate rules as necessary to
implement the provisions of this subsection ; and
6. If such member participates in the Oklahoma Law Enforcement
Deferred Option Plan pursuant to S ection 2-305.2 of this title, then
such member's disability pension provided pursuant to this
subsection shall be reduced to account for such member 's
participation in the Oklahoma Law Enforcement Deferred Option Plan. RBH No. 5826
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F. A member who meets the definition of disability as defined
in paragraph 11 of Section 2 -300 of this title and whose disability
is by means of personal and traumatic injury of a catastro phic
nature and in the line of duty, shall receive a monthly benefit
equal to:
1. Two and one-half percent (2 1/2%);
2. Multiplied by:
a. twenty (20) years of service, regardless of the actual
number of years of credited service performed by the
member prior to the date of disability, if the member
had performed less than twenty (20) years of service,
or
b. the actual number of years of service performed by th e
member if the member had performed twenty (20) or more
years of service;
3. Multiplied by a final average salary equal to:
a. the salary which the member would have received
pursuant to statutory sa lary schedules in effect upon
the date of the disabilit y for twenty (20) years of
service prior to disability. The final average salary
for a member who performed less than twenty (20) years
of service prior to disability shall be computed
assuming that the member was paid the highest salary
allowable pursuant to the law in effect at the time of RBH No. 5826
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the member's disability based upon twenty (20) years
of service and with an assumption that the member was
eligible for any and a ll increases in pay based upon
rank during the entire period. If the salary of a
member is not prescribed by a specific salary schedule
upon the date of the member's disability, the fin al
average salary for the member shall be computed by the
member's actual final average salary or the hi ghest
median salary amount for a member whose salary wa s
prescribed by a specific salary schedule upon the date
of the member's disability, whichever fi nal average
salary amount would be greater, or
b. the actual final ave rage salary of the member if the
member had performed twenty (20) or more years of
service prior to disability.
If such member participates in the Oklahoma Law Enforcement
Deferred Option Plan pursuant to Section 2-305.2 of this title, such
member's disability pension provided pursuant to this subsection
shall be adjusted as provided in Sectio n 2-305.2 of this title to
account for such member's participation in the Oklahoma Law
Enforcement Deferred Option Plan.
G. A member who meets the definition of disab ility as defined
in Section 2-300 of this title and whose disability occurred prior
to the member's normal retirement date but after completing three RBH No. 5826
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(3) years of vesting service and no t by reason of the performance of
the member's duties or as a result of the member's willful
negligence shall receive a monthly benefit equal to two and one -half
percent (2 1/2%) of final average salary multiplied by the number of
years of the member's credited service.
H. Payment of a disability pension shall commence as of the
first day of the month coinci ding or next following the date of
retirement and shall continue as long as the member meets the
definition of total and permanent disability provided in this
section.
I. For the purpose of determining the member 's disability under
subsection E, F or G of this section, the member shall be required
by the Board to be examined by a minimum of two recognized
physicians selected by the Board to determine th e extent of the
member's injury or illness. The examining physicians s hall furnish
the Board a detailed written report of the injury or illness of the
examined member establishing the extent of disability and the
possibilities of the disabled member being returned to his or her
regular duties or an alternate occupation or se rvice covered by the
System after a normal recuperation period. The Board shall require
all retired disabled members who have not attained their normal
retirement date to submit to a p hysical examination once each year
for a minimum of three (3) years fol lowing retirement. The Board
shall select a minimum of two physicians to examine the ret ired RBH No. 5826
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members and pay for their services from the fund. Any retired
disabled member found no lon ger disabled by the examining physicians
to perform the occupation of t he member or an alternate occupati on
or service covered by the System shall be required t o return to duty
and complete twenty (20) years of service as provided in subsection
A of this section, or forfeit all his or her rights and claims under
Section 2-300 et seq. of this title.
J. The disability benefit under this section shall be for the
lifetime of the member unless such member is found no longer
disabled pursuant to subsection I of this section. Such member
shall not be entitled to the retirement bene fit pursuant to
subsection A of this section unless such member returns to active
duty and is eligible for a retirement benefit as provided in
subsection A of this section.
K. At the postoffer, preemployment physical examination
required under paragraph 6 of Section 2-300 of this title, t he
physician selected by the Board shall determine the extent to which
a new member is disabled. If a member is determined to be partially
disabled, the physician shall assign a percentage of disability to
such partial disability. If such member then bec omes entitled to a
disability benefit under either subs ection E or subsection G of this
section, the benefit payable shall be reduced by the percentage
which such member was determined to be disabled at the postoffer,
preemployment physical unless the Boar d makes a determination that RBH No. 5826
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the initially determined p ercentage of disability at the
preemployment physical examination is unrelated to the reason for
the disability currently sought pursuant to subsection E or
subsection G of this section. Upon employment, the member shall
disclose to the Board any disabili ty payments received from any
source. The amount of disability to be paid to any member cannot
exceed one hundred percent (100%) disability from all sources . The
provisions of this subsection shall a pply only to members whose
effective date of membership is on or after July 1, 2000.
L. In addition to the pension provided for under subsection F
of this section, if the member has one or more children under the
age of eighteen (18) years or under the ag e of twenty-two (22) years
if the child is enrolled ful l time in and is regularly attending a
public or private school or any institution of higher edu cation,
Four Hundred Dollars ($400.00) a month shall be paid from the F und
for the support of each surviv ing child to the member or person
having the care and c ustody of such children until each child
reaches the age of eighteen (18) years or reaches the a ge of twenty-
two (22) years if the child is enrolled full time in and i s
regularly attending a public or private school or any institution of
higher education.
M. Notwithstanding any other provisions in Section 2-300
through 2-315 of this title, in order to be eligible to receive
disability benefits, a member who meets the d efinition of disability RBH No. 5826
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as defined in paragraph 11 of Section 2-300 of this title shall f ile
the member's completed application for disability benefits with the
System before such membe r's date of termination from service and
provide such additional inform ation that the System's rules require
within six (6) months of the System 's receipt of such application.
If the member's completed application for disability benefits is not
filed with the System before the member's date of termination from
service or such additional information as is req uired under the
System's rules is not provided within s ix (6) months of the System's
receipt of such application, such member shall be eligible only fo r
such other benefits as are available to members of the System and
shall not be eligible to receive any disability benefits. For good
cause shown, the Board o f Trustees may waive the requirement that
the disability application be filed before the member 's date of
termination from service. In no event shall a member be elig ible to
receive any disability ben efit if the member's completed application
is filed more than six (6) months after the member's date of
termination from service.
N. If the requirements of Section 2-305.1C of this title are
satisfied, a member who, by re ason of disability or attainment o f
normal retirement date or age, is separated from serv ice as a public
safety officer with the member's participating employer may elect to
have payment made directly to the provider for qualified health
insurance premiums by deduction from his or her mont hly disability RBH No. 5826
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benefit or monthly retirement payment, a fter December 31, 2006, in
accordance with Section 402(1) of the Internal Revenue Code of 1986,
as amended.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
59-1-5826 CMA 12/07/22
THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
2512 E. 71
st
Street , Suite D ∙ Tulsa , Oklahoma 74136
(918) 492-9658 ∙ (918) 492- 9659
January 3, 2023
Representative Russ Ford
Room 300
Re: RHB No. 5826
RBH No. 5826 provides for those participants who entered OLERS after
November 1, 2012 to have th eir benefit determined by using the
greater of the compensation of the highest non supervisory position
of their employing agency and their highest average compensation.
Currently benefits are based on the highest average compensa tion.
RBH No. 5826 is a fiscal bill as defined by OPLAAA.
I am a member of the American Academy of Actuaries and meet the
Qualification Standards of the American Academy of Actuaries to
render the actuarial opinion herein.
Thomas E. Cummins
Thomas E. Cummins, MAAA