Oklahoma 2024 Regular Session

Oklahoma House Bill HB2320 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 2320 Page 1 1
	3	+	HB2320 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2320 By: Hilbert, Boles, Hasenbeck,
30		-	Moore, Johns, Hardin, Lowe
31		-	(Dick), Roberts, Davis,
32		-	Rosecrants, Fetgatter,
33		-	Deck, and West (Josh) of
34		-	the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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36		-	~~and~~
	31	+	STATE OF OKLAHOMA
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38		-	McCortney of the Senate
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	HOUSE BILL 2320 By: Hilbert, Boles, Hasenbeck,
	36	+	and Moore
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	43	+	AS INTRODUCED
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46	45		An Act relating to the Teachers' Retirement System;
47	46		amending 70 O.S. 2021, Section 17 -116.10, which
48	47		relates to postretirement employment ; modifying
49	48		provisions relating to retirement benefits; providing
50	49		an effective date; and declaring an emergency .
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58	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
59	58		SECTION 1. AMENDATORY 70 O.S. 2021, Section 17 -116.10,
60	59		is amended to read as foll ows:
61	60		Section 17-116.10 A. Subject to the requirements of Section 6 -
62	61		101.2 of this title and any other applicable requirements of law, a
63	62		member may enter into postretirement employ ment with a public school
64	63		of Oklahoma and still receive monthly retirement benefits subject to
65	64		the following limitations:
	65	+	1. A retired member is not eligible to be employed by th e
	66	+	public schools of Oklahoma, in any capacity, f or sixty (60) calendar
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67		-	ENGR. H. B. NO. 2320 Page 2 1
	68	+	HB2320 HFLR Page 2
	69	+	BOLD FACE denotes Committee Amendments. 1
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92		-	1. A retired member is not eligible to be employed by th e
93		-	public schools of Oklahoma, in any capacity, for sixty (60) calendar
94	94		days between the retiree's last day of preretirement public
95	95		education employment and any postretirement public education
96	96		employment. For purposes of this section, the term "last day of
97	97		preretirement employment " shall mean the last d ay the employee is
98	98		required to be physically present on the job to comple te the terms
99	99		of the employment contract or agreement. An employee on paid leave
100	100		is still considered to be employed for purposes of thi s section.
101	101		Employment under any conditions duri ng this time, volunteer servi ces
102	102		for the purpose of obtaining a paid posi tion at a later date, or
103	103		payment at a later time for services performed during this time
104	104		period shall cause the forfeiture of all retir ement benefits
105	105		received during the period;
106	106		2. Unless otherwise provided in p aragraph 3 of this subsection,
107	107		earnings from the public schools may not exceed one-half (1/2) of
108	108		the member's final average salary used in computing retirement
109	109		benefits, or the Earnings Limitation for employees allowed by the
110	110		Social Security Administration , whichever is less. For retired
111	111		members under the age of sixty-two (62) years, the limit on allowed
112	112		earnings from the public schools of Oklahoma for employment for the
113	113		performance of duties ordinarily performed by classified or
114	114		nonclassified personnel sh all be the lesser of Fifteen Thousand
115	115		Dollars ($15,000.00) or one-half (1/2) of the member's final average
	116	+	salary used in computing retirement benefits unless the earnings
	117	+	limitation allowed by the Social Security Administrati on would be
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117		-	ENGR. H. B. NO. 2320 Page 3 1
	119	+	HB2320 HFLR Page 3
	120	+	BOLD FACE denotes Committee Amendments. 1
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142		-	salary used in computing retirement benefits unless the earnings
143		-	limitation allowed by the Social Security Administration would be
144	145		greater than Fifteen Thousand Dollars ($15,000.00). For retir ed
145	146		members sixty-two (62) years of age or older the limit on allowed
146	147		earnings from the public schools of Oklahoma for the performance o f
147	148		duties ordinarily performed by classified or nonclassified personnel
148	149		shall be the lesser of Thirty Thousand Dollars ($3 0,000.00) or one-
149	150		half (1/2) of the member's final average salary used in computing
150	151		retirement benefits. For purposes of this paragraph , the following
151	152		shall apply:
152	153		a. earnings shall mean "regular annual compensat ion" as
153	154		defined in paragraph (25) of Section 17-101 of this
154	155		title, and shall include any payment by a public
155	156		school for services rendered by a retired member who
156	157		is employed for any purpose whatsoever. Supplemental
157	158		retirement payments paid by a former pub lic school
158	159		employer pursuant to subsection 9 of Section 17-105 of
159	160		this title or other state law shall not be considered
160	161		as earnings,
161	162		b. the Earnings Limitation for employees allow ed by the
162	163		Social Security Administration to w orkers between the
163	164		age of sixty-two (62) years and sixty-five (65) years
164	165		shall apply to retired members below the age of sixty-
165	166		two (62) years,
	167	+	c. the limit on allowed earnings from the public schools
	168	+	shall be automatically adjusted effective the first
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167		-	ENGR. H. B. NO. 2320 Page 4 1
	170	+	HB2320 HFLR Page 4
	171	+	BOLD FACE denotes Committee Amendments. 1
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192		-	c. the limit on allowed earnings from the public schools
193		-	shall be automatically adjusted effective the first
194	196		day of January of each year to refle ct the current
195	197		Earnings Limitation for emplo yees as determined from
196	198		time to time by the Social Security Administration,
197	199		d. the earnings limit for the calendar year in which a
198	200		member retires shall be one-twelfth (1/12) of the
199	201		annual limit multiplied by the number of months the
200	202		member is eligible to w ork and receive payments from
201	203		the public schools of Oklahoma,
202	204		e. earnings in excess of the maximum limit on allowed
203	205		earnings from public schools of Oklahoma shall result
204	206		in a loss of future retirement benefits fo r the year
205	207		the postretirement employment was performed of One
206	208		Dollar ($1.00) for each One Dollar ($1.00) earned over
207	209		the maximum allowed earnings amount,
208	210		f. for those members age seventy (70) years and over, the
209	211		earnings in excess of the maximum limit allo wed
210	212		earnings from public schools of Oklahoma shall be one-
211	213		half (1/2) the member's final average salary used in
212	214		computing retirement benefits. However, any retired
213	215		member receiving benefits from the Retirement System
214	216		who reached age seventy (70) years prio r to July 1,
215	217		1991, shall not be restricted b y the earnings limits
	218	+	pursuant to this subparagraph until January 1, 1994.
	219	+	To qualify for the provisions of this subparagraph,
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217		-	ENGR. H. B. NO. 2320 Page 5 1
	221	+	HB2320 HFLR Page 5
	222	+	BOLD FACE denotes Committee Amendments. 1
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242		-	pursuant to this subparagraph until January 1, 1994.
243		-	To qualify for the provisions of this subparagraph,
244	247		the member must be employed less than one -half (1/2)
245	248		time compared to other full -time employees in similar
246	249		positions;
247	250		3. Notwithstanding paragraph 2 of this subsection, a A retired
248	251		classified or nonclassified member who has been retired for thirty -
249	252		six (36) or more months and who is employed by a public school to
250	253		perform duties ordinarily p erformed by classified or nonclassified
251	254		personnel shall be able to receive annualized earnings from the
252	255		public school with no reduction in retirement benefits regardless of
253	256		the amount of annualized earnings. For a period of three (3) years
254	257		beginning July 1, 2017, members who have retired as of Ju ly 1, 2017,
255	258		as active classroom teachers, who have been retired and receiving a
256	259		benefit for at least one (1) year, and who have not been employed by
257	260		any public school during tha t one-year period, shall be eligible to
258	261		be reemployed as an active classroom te acher in common or career
259	262		tech school districts, with no limitations on earnings. For a
260	263		period of three (3) years beginning July 1, 20 21, members who have
261	264		retired as of July 1, 2020, who have been retired and rece iving a
262	265		benefit for at least one (1) year, and who have not been employed by
263	266		any public school during that one-year period, shall be eligible to
264	267		be reemployed as an active classroom teacher in common or career
265	268		tech school districts, with no limitations on earnings. The one-
	269	+	year period starts with the retiree's last day of preretirement
	270	+	public education employment. Members returning under this section
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267		-	ENGR. H. B. NO. 2320 Page 6 1
	272	+	HB2320 HFLR Page 6
	273	+	BOLD FACE denotes Committee Amendments. 1
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292		-	year period starts with the retiree's last day of preretirement
293		-	public education employment. Members returning under this section
294	298		shall not be subject to any earning limitations following the end of
295	299		the three-year periods described in this paragraph. Members
296	300		returning under this section shall only be employed pursuant to a
297	301		temporary contract; and
298	302		4. 3. A member shall be considered to be employed by a school
299	303		district to perform the duties ordina rily performed by classified or
300	304		nonclassified personnel if the m ember is hired by th e school
301	305		district in the member's individual capacity to perform the duties
302	306		or if the member performs the duties through em ployment with a
303	307		proprietorship, partnership, corp oration, limited liability company
304	308		or partnership, or any other business structure t hat has agreed or
305	309		contracted to provide the services to the school district.
306	310		B. A public school district that employs a re tired member shall
307	311		be required to make contribut ions to the System for the retired
308	312		member in an amount as require d in Section 17-108.1 and in paragraph
309	313		3 of subsection B of Section 17-116.2 of this title.
310	314		C. For purposes of this section, postretirement employment of
311	315		less than one thousand (1,000) hour s per year with the Governor, the
312	316		State Senate, the House of Repre sentatives or the Le gislative
313	317		Service Bureau shall not be considered as postretirement employment
314	318		with a public school of Oklahoma.
	319	+	D. The Board of Trustees of the Teachers' Retirement System of
	320	+	Oklahoma shall promulgate such rules a s are necessary to imp lement
	321	+	the provisions of this section.
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316		-	ENGR. H. B. NO. 2320 Page 7 1
	323	+	HB2320 HFLR Page 7
	324	+	BOLD FACE denotes Committee Amendments. 1
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341		-	D. The Board of Trustees of the Teachers' Retirement System of
342		-	Oklahoma shall promulgate such rules a s are necessary to imp lement
343		-	the provisions of this section.
344	349		E. A member who has entered into postretirement employment with
345	350		a participating employer of the Teacher s' Retirement System of
346	351		Oklahoma must fully c omply with all the provisions of the rules
347	352		promulgated by the Board of Trustees pursuant to this section in
348	353		order to continue receiving his or her monthly retirement benefit.
349	354		SECTION 2. This act shall become effective July 1, 2023.
350	355		SECTION 3. It being immediately necessary for the preservation
351	356		of the public peace, health or safety, an emergency is hereby
352	357		declared to exist, by reason whereof thi s act shall take effect and
353	358		be in full force from and after its passage and approval.
354		-	Passed the House of Representatives the 12th day of March, 2024.
355	359
356		-
357		-
358		-
359		-	Presiding Officer of the House
360		-	of Representatives
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363		-
364		-	Passed the Senate the ___ day of __________, 2024.
365		-
366		-
367		-
368		-
369		-	Presiding Officer of the Senate
	360	+	COMMITTEE REPORT BY: COMMITTEE ON BANKING, FINANCIAL SERVICES AND
	361	+	PENSIONS, dated 02/27/2024 - DO PASS, As Coauthored.