Oklahoma 2024 2024 Regular Session

Oklahoma House Bill HB2996 Introduced / Bill

Filed 01/10/2024

                    RBH No. 9314 
 
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STATE OF OKLAHOMA 
 
2nd Session of the 59th Legislature (2024) 
 
HOUSE BILL 2996 	By: Lepak 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to retirement; amending 47 O.S. 2021, 
Sections 2-300, as amended by Section 8, Chapter 151, 
O.S.L. 2023 (47 O.S. Supp. 202 3, Section 2-300), 2-
304, and 2-307.2, which relate to the Oklahoma Law 
Enforcement Retirement System; defining term; 
modifying terms; updating references; and declar ing 
an emergency. 
 
 
 
 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY    47 O.S. 2021, Section 2 -300, as 
amended by Section 8, Chapter 151, O.S.L. 2023 (47 O.S. Supp. 2023, 
Section 2-300), is amended to read as follows: 
Section 2-300. As used in Section 2-300 et seq. of this title: 
1.  "System" means the Oklahoma Law Enforcement Retirement 
System; 
2.  "Act" means Section 2-300 et seq. of this title; 
3.  "Board" means the Oklahoma Law Enforce ment Retirement Board 
of the System;  RBH No. 9314 
 
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4.  "Executive Director" means the managing officer of the 
System employed by t he Board; 
5. "Fund" means the Oklahoma Law Enforcement Retir ement Fund; 
6.  "Participating Employer" means any Oklahoma entity with 
employees that are members of the System pursuant to this act; 
7.  a. "Member" means: 
(1) all commissioned law enforceme nt officers of the 
Oklahoma Highway Patrol Division of the 
Department of Public Safety who have obtained 
certification from the Council on Law Enforcement 
Education and Training, and all cadets of a 
Patrol Academy of the Department of Public 
Safety, 
(2) law enforcement officers and criminalists of the 
Oklahoma State Bureau of Investigation, 
(3) law enforcement officers of the Oklahoma State 
Bureau of Narcotics and Dangerous Drugs Contro l 
designated to perform dut ies in the investigation 
and prevention of cr ime and the enforcement of 
the criminal laws of this st ate, 
(4) law enforcement officers of the Alcoholic 
Beverage Laws Enforcemen t Commission designated 
to perform duties in the investigation and  RBH No. 9314 
 
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prevention of crime and the enforcemen t of the 
criminal laws of this state, 
(5) employees of the Communications Section of the 
Oklahoma Highway Patrol Division, radio 
technicians and tower technicians of the 
Department of Public Saf ety, who are employed in 
any such capacity as of June 30, 2008 , and who 
remain employed on or after July 1, 2008, until a 
termination of service, or until a termination of 
service with an election of a vested bene fit from 
the System, or until retirement.  Effective July 
1, 2008, a person employed for the first time a s 
an employee of the Department of Public Safety in 
the Communications Division as an information 
systems telecommunication technician of the 
Department of Public Safety shall not be a member 
of the System, 
(6) park rangers of the Oklahoma Tourism and 
Recreation Department and any park manager or 
park supervisor of the Oklahoma Tourism and 
Recreation Department, who was employed in such a 
position prior to July 1, 1985, and who elects on 
or before September 1, 1996, to parti cipate in 
the System, and  RBH No. 9314 
 
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(7) inspectors of the State Board of Pharmacy, 
(8) police officers who are CLEET certified and 
employed by the University of Oklahoma or 
Oklahoma State University and who participate in 
this System pursuant to Section 2 -314 of this 
title, and 
(9) Lake Patrolmen or Dispatchers of the Grand River 
Dam Authority and who participate in this System 
pursuant to Section 2 -315 of this title. 
b. Effective July 1, 1987, a member does not include a 
"leased employee" as defined under Section 414(n)(2) 
of the Internal Revenue Code of 1986, as amended.  
Effective July 1, 1999, any individual who agrees with 
the participating employe r Participating Employer that 
the individual's services are to be performed as a 
leased employee or an independent contractor shall not 
be a member regardless of any classification as a 
common-law employee by the Internal Revenue Service or 
any other governmental agency, or any court of 
competent jurisdiction. 
c. All persons who shall be offered a position of a 
commissioned law enforcement officer as an employee of 
one of the agencies described in subparagraph a of 
this paragraph shall participate in the System upon  RBH No. 9314 
 
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the person meeting the requisite post-offer-pre-
employment physical examination standards which shall 
be subject to the following requiremen ts: 
(1) all such persons shall be of good moral 
character, free from deformitie s, mental or 
physical conditions, or disease and a lcohol or 
drug addiction which would prohibit the person 
from performing the duties of a law enforcement 
officer, 
(2) the physical-medical examination shall pertain to 
age, sight, hearing, agility and other conditions 
the requirements of which shall be est ablished by 
the Board, 
(3) the person shall be required to meet the 
conditions of this subsection prior to the 
beginning of actual employment but after an offer 
of employment has been tendered by a 
participating employer Participating Employer , 
(4) the Board shall have authority to deny or revoke 
membership of any person submitting false 
information in such person's membership 
application, and 
(5) the Board shall have final authority in 
determining eligibili ty for membership in th e  RBH No. 9314 
 
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System, pursuant to the provisions of this 
subsection; 
7. 8.  "Normal retirement date" means the date at which the 
member is eligible to receive the unreduced payments of the member's 
accrued retirement benefit.  Such date shall be th e first day of the 
month coinciding with or following the date the member : 
a. completes twenty (20) years of vesting service, or 
b. attains sixty-two (62) years of age with ten (10) 
years of vesting service, or 
c. attains sixty-two (62) years of age, if: 
(1) the member has been transferred to this System 
from the Oklahoma Publi c Employees Retirement 
System on or after July 1, 1981, and 
(2) the member would have been vested had the member 
continued to be a member of the Oklahoma Public 
Employees Retirement S ystem. 
With respect to distributions under the System made for calendar 
years beginning on or after January 1, 2005, the System shall apply 
the minimum distribution incidental benefit requirements, incidental 
benefit requirements, and minimum distribution requirements of 
Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, 
in accordance with the final regulations under Section 401(a)(9) of 
the Internal Revenue Code of 1986, as amended, including Treasury 
Regulations Sections 1.401(a)(9) -1 through 1.401(a)(9)-9; provided,  RBH No. 9314 
 
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that for individuals who attain seventy an d one-half (70 1/2) years 
of age after December 31, 2019, but before January 1, 2023, such 
distributions shall take into account that "age 70 1/2" was stricken 
and "age 72" was inserted in Sections 401(a)(9)(B)(iv)(I), 
401(a)(9)(C)(i)(I) and 401(a)( 9)(C)(ii)(I) of the Internal Revenue 
Code of 1986, as amended, and, provided further, that for 
individuals who attain seventy-two (72) years of age after December 
31, 2022, such distributions shall take into account that "age 72" 
was stricken and "the applicable age", as defined in Section 
401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as amended, 
was inserted in Section 401(a)(9)(B)(iv)(I) of the Internal Revenue 
Code of 1986, as amended (applicable to calend ar year 2023), Section 
401(a)(9)(C)(i)(I) and Section 401(a)(9)(C)(ii)(I) of the Internal 
Revenue Code of 1986, as amended, and that the further revis ion of 
Section 401(a)(9)(B)(iv) of the Internal Revenue Code of 1986, as 
amended, effective for c alendar years after 2023 with respect to 
certain distributions shall be taken into account, in all cases 
notwithstanding any provision of the System to the con trary.  With 
respect to distributions under the System made for calendar years 
beginning on or after January 1, 2001, through December 31, 2004, 
the System shall apply the minimum distribution requ irements and 
incidental benefit requirements of Section 401 (a)(9) of the Internal 
Revenue Code of 1986, as amended, in accordance with the regulations 
under Section 401(a)(9) of the Internal Revenue Code of 1986, as  RBH No. 9314 
 
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amended, which were proposed in January 2001, notwithstanding any 
provision of the System to the co ntrary. 
Effective July 1, 1989, notwithstanding any other provision 
contained herein to the contra ry, in no event shall commencement of 
distribution of the accrued retirement benefit of a member b e 
delayed beyond April 1 of the calendar year following the later of:  
(1) the calendar year in which the member reaches seventy and one-
half (70 1/2) years o f age for a member who attains this age before 
January 1, 2020, or, for a member who attains this age on or after 
January 1, 2020, but before January 1, 2023, the calendar year in 
which the member reaches seventy-two (72) years of age, or effective 
for distributions required to be made after December 31, 2022, the 
calendar year in which the member reac hes seventy-three (73) years 
of age for an individual who at tains age seventy-two (72) after 
December 31, 2022, or "the applicable age", as defined in Section 
401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as amended, if 
later; or (2) the actual ret irement date of the member.  A member 
electing to defer the commencement of retirement benefits pursuant 
to Section 2-308.1 of this title may not defer the benef it 
commencement beyond the age of sixty-five (65). 
Effective September 8, 2009, notwithstandin g anything to the 
contrary of the System, the System, which a s a governmental plan 
(within the meaning of Section 414(d) of the Internal Revenue Code 
of 1986, as amended), is treated as having complied with Section  RBH No. 9314 
 
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401(a)(9) of the Internal Revenue Code of 1986, as amended, for all 
years to which Section 401(a)(9) o f the Internal Revenue Code of 
1986, as amended, applies to the System if the System complies with 
a reasonable and good faith interpretation of Section 401(a)(9) of 
the Internal Revenue Code of 1986, as amended. 
A member who was required to join the Syste m effective July 1, 
1980, because of the transfer of the employing agency from the 
Oklahoma Public Employees Retirement System to the System, and was 
not a member of the Oklahoma Public Employee s Retirement System on 
the date of such transfer shall be allo wed to receive credit for 
prior law enforcement service rendered to this state, if the member 
is not receiving or eligible to receive retirement credit or 
benefits for such service in any other public retirement system, 
upon payment to the System of the em ployee contribution the member 
would have been subject to had the member been a member of the 
System at the time, plus five percent (5%) interest.  Service credit 
received pursuant to this parag raph shall be used in determining the 
member's retirement benefit, and shall be used in determining years 
of service for retirement or vesting purposes; 
8. 9. "Actual paid base salary" means the salary received by a 
member, excluding payment for any accumul ated leave or uniform 
allowance.  Salary shall include any a mount of nonelective salary 
reduction under Section 414(h) of the Internal Revenue Code of 1986;  RBH No. 9314 
 
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9. 10. "Final average salary" means the average of the highest 
thirty (30) consecutive complete month s of actual paid gross salary.  
Gross salary shall includ e any amount of elective salary reduction 
under Section 457 of the Internal Revenue Code of 1986, as amended , 
and any amount of nonelective salary reduction under Section 414(h) 
of the Internal Reven ue Code of 1986, as amended.  Effective July 1, 
1992, gross salary shall include any amount of elective salary 
reduction under Section 125 of the Internal Revenue Co de of 1986, as 
amended.  Effective July 1, 1998, gross salary shall include any 
amount of elective salary reduction not includable in the gross 
income of the member under Section 132(f)(4) of the Internal Revenue 
Code of 1986, as amended.  Effective July 1 , 1998, for purposes of 
determining a member's compensation, any contribution by the member 
to reduce his or her regular cash remuneration under Sec tion 
132(f)(4) of the Internal Revenue Code of 1986, as amended, shall be 
treated as if the member did not m ake such an election. Only salary 
on which required contributions have been made may be us ed in 
computing the final average salary.  Gross salary s hall not include 
severance pay. 
In addition to other applicable limitations, and notwithstanding 
any other provision to the contrary, for plan years beginning on or 
after July 1, 2002, the annual gr oss salary of each "Noneligible 
Member" taken into account under the System shall not exceed the 
Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA")  RBH No. 9314 
 
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annual salary limit.  The EGTRRA annual salary limit is Two Hundred 
Thousand Dollars ($200 ,000.00), as adjusted by the Commissioner for 
increases in the cost of living in accordance with Section 
401(a)(17)(B) of the Internal Revenue Code of 1986, as amende d.  The 
annual salary limit in effect for a calendar year applies to any 
period, not exceeding twelve (12) months, over which salary is 
determined ("determination period") beginning in such calendar year.  
If a determination period consists of fewer than t welve (12) months, 
the EGTRRA salary limit will be multiplied by a fraction, the 
numerator of which is the number of months in the determination 
period, and the denominator of which is twelve (12).  For purposes 
of this section, a "Noneligible Member" is any member who first 
became a member during a plan year commencing on or after July 1, 
1996. 
For plan years beginning on or after July 1, 2002, any r eference 
in the System to the annual salary limit under Section 401(a)(17) of 
the Internal Revenue Code of 1 986, as amended, shall mean the EGTRRA 
salary limit set forth in this provision. 
Effective January 1, 2008, gross salary for a plan year shall 
also include gross salary, as described above, for services, but 
paid by the later of two and one-half (2 1/2) months after a 
member's severance from employment or the end of the calendar year 
that includes the date the member terminated employment, if it is a 
payment that, absent a severance from employment, would have been  RBH No. 9314 
 
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paid to the member while the member contin ued in employment with the 
employer. 
Effective January 1, 2008, any payments not descri bed above 
shall not be considered gross salary if paid after severance from 
employment, even if they are paid by the later of two and one-half 
(2 1/2) months after the d ate of severance from employment or the 
end of the calendar year that includes the date of severance from 
employment, except payments to an individu al who does not currently 
perform services for the employer by reason of qualified military 
service within the meaning of Section 414(u)(5) of the Internal 
Revenue Code of 1986, as amended, to th e extent these payments do 
not exceed the amounts the individ ual would have received if the 
individual had continued to perform services for the employer rather 
than entering qualified military service. 
Effective January 1, 2008, back pay, within the mean ing of 
Section 1.415(c)-2(g)(8) of the Income Tax Regulations, shall be 
treated as gross salary for the limitation year to which the back 
pay relates to the extent the ba ck pay represents wages and 
compensation that would otherwise be included in this defi nition. 
Effective for years beginning a fter December 31, 2008, gross 
salary shall also include differential wage payments under Section 
414(u)(12) of the Internal Revenue Code of 1986, as amended; 
10. 11. "Credited service" means the period of service used to 
determine the amount of benefits payab le to a member.  Credited  RBH No. 9314 
 
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service shall consist of the period during which the member 
participated in the System or the predecessor Plan as an active 
employee in an eligible membership classification, plus any servi ce 
prior to the establishment of the pred ecessor Plan which was 
credited under the predecessor Plan and for law enforcement officers 
and criminalists of the Oklahoma State Bureau of Investigation and 
the Oklahoma State Bureau of Narcotics and Dangerous Dru gs Control 
who became members of the Syst em on July 1, 1980, any service 
credited under the Oklahoma Public Employees Retirement System as of 
June 30, 1980, and for members of the Communications and Lake Patrol 
Divisions of the Oklahoma Department of Publi c Safety, who became 
members of the Syste m on July 1, 1981, any service credited under 
the predecessor Plan or the Oklahoma Public Employees Retirement 
System as of June 30 , 1981, and for law enforcement officers of the 
Alcoholic Beverage Laws Enforcement Commission who became members of 
the System on July 1, 1982, any service credited under the Oklahoma 
Public Employees Retirement System as of June 30, 1982, and for park 
rangers of the Oklahoma Tourism and Recreation Department who became 
members of the System on July 1, 1985, any service credite d under 
the Oklahoma Public Employees Retirement System as of June 30, 1985, 
and for inspectors of the State Board of Pharmacy who became members 
of the System on July 1, 1986, any service credited under the 
Oklahoma Public Employees Retirement System as o f June 30, 1986, for 
law enforcement officers of the Oklahoma Capitol Patrol Division of  RBH No. 9314 
 
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the Department of Public Safety w ho became members of the System 
effective July 1, 1993, any service credited under the Oklaho ma 
Public Employees Retirement System as of June 30, 1993, and for all 
commissioned officers in the Gunsmith/Ammunition Reloader Division 
of the Department of Publ ic Safety who became members of the System 
effective July 1, 1994, any service credited under the Oklahoma 
Public Employees Retirement System as of June 30, 1994, and for the 
park managers or park supervisors of the Oklahoma Tourism and 
Recreation Department who were employed in such a position prior to 
July 1, 1985, and who elect to become member s of the System 
effective September 1, 19 96, any service transferred pursuant to 
subsection C of Section 2-309.6 of this title and any service 
purchased pursuant t o subsection B of Section 2-307.2 of this title.  
Effective August 5, 1993, an authorized lea ve of absence shall 
include a period of a bsence pursuant to the Family and Medical Leave 
Act of 1993; 
11. 12. "Disability" means a physical or mental condition 
which, in the judgment of the Board, totally and presumably 
permanently prevents the member from e ngaging in the usual and 
customary duties of the occupation of the member and thereafter 
prevents the member from performing the duties of any occupation or 
service for which the member is qualified by reason of training, 
education or experience.  A person is not under a disability when 
capable of performing a service to the employer, regardless of  RBH No. 9314 
 
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occupation, providing the salary of the employee is not diminished 
thereby; 
12. 13. "Limitation year" means the year used in applying the 
limitations of Section 41 5 of the Internal Revenue Code of 1986, 
which year shall be the calendar year; 
13. 14. "Line of duty" means any action which a member whose 
primary function is crime co ntrol or reduction or enforcement of the 
criminal law is obligated or authorized by rule, regulations, 
condition of employment or serv ice, or law to perform including 
those social, ceremonial or athletic functions to which the member 
is assigned, or for wh ich the member is compensated, by the agency 
the member serves; 
14. 15. "Personal injury" or "injury" means any traumatic 
injury as well as diseases which are caused by or result from such 
an injury, but not occupational diseases; 
15. 16.  "Catastrophic nature" means consequences of an injury 
that permanently prevent an individual from performing an y gainful 
work; 
16. 17. "Traumatic injury" means a wound or a condition of the 
body caused by external force including injuries inflicted by 
bullets, explosives, sharp ins truments, blunt objects or other 
physical blows, chemicals, electricity, climatic condi tions, 
infectious diseases, radiation and bacteria, but excluding stress 
and strain; and  RBH No. 9314 
 
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17. 18. "Beneficiary" means the individual designated by the 
member on a beneficiar y designation form supplied by the Oklahoma 
Law Enforcement Retirement System, or, if there is no designated 
beneficiary or if the designated beneficiary predecease s the member, 
the estate of the member.  If the member's spouse is not designated 
as the sole primary beneficiary, the member's spouse must sign a 
consent. 
SECTION 2.     AMENDATORY     47 O.S. 2021, Section 2-304, is 
amended to read as follows: 
Section 2-304. A.  The Department of Public Safety, the 
Oklahoma State Bureau of Investigation, the Oklahoma State Bureau o f 
Narcotics and Dangerous Drugs Control, the Alcoholic Beverage 
Control Board, the Ok lahoma Tourism and Recreation Departmen t and 
the State Board of Pharmacy shall make contributions to the fund as 
follows: 
The Department of Public Safety, Oklahoma State B ureau of 
Investigation, Oklahoma State Bureau of Narcotics and Dangerous 
Drugs Control, the Alcoholic Beverage Control Board , the Oklahoma 
Tourism and Recreation Department and the State Board of Pharmacy 
Participating Employers shall contribute to the fun d an amount equal 
to eleven percent (11%) of the actual paid base sal ary of each 
member.  RBH No. 9314 
 
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B.  Each member of the System shall make contributions to the 
fund in an amount equal to eight percent (8%) of the actual paid 
base salary of the member. 
Member contributions shall be dedu cted by each participating 
employer Participating Employer for such benefits as the Board is by 
law authorized to administer and shall be remitted monthly, or as 
the Board may otherwise provide, for deposit in the fund. 
C.  Each employer Participating Employer shall pick up under the 
provisions of Section 414(h)(2) of the Internal Revenue Code of 1 986 
and pay the contribution which the member is required by law to make 
to the System for all compensation earned after December 31, 1989.  
Although the contribu tions so picked up are designated as member 
contributions, such contributions shall be treated as contributions 
being paid by the employer in lieu of contributions by the member in 
determining tax treatment under the Internal Revenue C ode of 1986 
and such picked up contributions shall not be includable in the 
gross income of the member until such a mounts are distributed or 
made available to the member or the beneficiary of the member.  The 
member, by the terms of this System, shall not have any option to 
choose to receive the contributions so picked up directly and the 
picked up contributions must b e paid by the employer to the System. 
Member contributions which are picked up shall be treated in the 
same manner and to the same extent as member contributions made 
prior to the date on which member contributions were picked up by  RBH No. 9314 
 
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the participating employer Participating Employer.  Member 
contributions so picked up shall be included in gross salary for 
purposes of determining benefits and con tributions under the System. 
The employer Participating Employer shall pay the member 
contributions from the same source of funds used in paying salary to 
the member, by effecting an equal cash reduction in gross salary of 
the member. 
SECTION 3.     AMENDATORY     47 O.S. 2021, Section 2 -307.2, is 
amended to read as follo ws: 
Section 2-307.2 A.  The total service credit of a member who 
retires, elects a Deferred Option Plan or terminates emplo yment and 
elects a vested benefit shall include not to exceed one hundred 
thirty (130) days of unused sick leave accumulated while a member of 
the System.  Effective July 1, 2008, a member who retires, elects a 
Deferred Option Plan or terminates employment and elects a vested 
benefit shall include not to exceed two hundred forty (240) days of 
unused sick leave accumulated while a membe r of the System. Such 
credit shall be added in terms of whole months.  Twenty (20) days of 
unused sick leave shall equal on e (1) month for purposes of service 
credit.  If unused sick leave entitles a member to an additional 
year or fraction thereof of ser vice credit, the member's employer 
shall reimburse the System for the cost of funding the additional 
reserve by paying the a mount determined by the Board pursuant to 
Section 25 of this act.  Each employer shall provide the System with  RBH No. 9314 
 
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adequate and timely i nformation necessary to determine addi tional 
benefits and its cost under this section.  This section shall apply 
to members retiring or vesting on or after July 1, 1985, and shall 
not be retroactive.  The amount of accrued sick leave available for 
determination of a member's monthly benefit fo r purposes of the 
deferred option election shall be limited to the accrued sick leave 
available as of the effective date of the deferred option election, 
but not to exceed two hundred forty (240) days.  The member 's 
monthly benefit determined as of the eff ective date of the deferred 
option election shall not be adjusted for additional accru ed sick 
leave earned by the member after the deferred option election. 
B.  Whenever any member is unable to perform the member 's duties 
because of sickness or temporary d isability caused or sustained 
while in the discharge of the member 's duty as a member, is 
receiving a temporary total disability benefit u nder Section 1 et 
seq. of Title 85A of the Oklahoma Statutes, and does not purch ase 
service credit as described below, such member shall only receive 
prorated service credit based on the contributions mad e by the 
member and the member 's employer while the member is receiving a 
temporary total disability benefit under Section 1 et seq. of Title 
85A of the Oklahoma Statutes . Whenever any member is unable to 
perform the member's duties because of sickness or temporary 
disability caused or sustained while in the discharge of the 
member's duty as a member and is receiving a temporary disab ility  RBH No. 9314 
 
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benefit under Section 1 et seq. of Title 85A of the Oklahoma 
Statutes, such member shall have the option to purchase s ervice 
credit for the time related to such leave of absence for such 
sickness or temporary disability. 
1.  The payment for such purc hase must be completed no later 
than three (3) years from the date the member commenced receipt of a 
temporary total disabil ity benefit. 
2.  The purchase price shall be: 
a. the actual paid base salary that the member was 
entitled to immediately prior to th e member's sickness 
or temporary disability minus any vacation or sick 
leave payments received by the member during such 
sickness or temporary disability, multiplied by, 
b. the following percent: 
(1) eighteen percent (18%) the combined employer and 
member contribution percentages pursuant to 
Section 2-304 of this title for members who are 
suspended without pay, or 
(2) eight percent (8%) the member contributions 
percentage pursuant to Section 2 -304 of this 
title for members who are not suspended without 
pay. 
If such member has not be en suspended without pay, the employer 
shall contribute, within three (3) months of the completion of the  RBH No. 9314 
 
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member's purchase of service credit, ten percent (10%) the employer 
contribution percentage pursuant to Section 2 -304 of this title of 
the actual paid base salary that the member was entitled to 
immediately prior to the member 's sickness or temporary disability 
minus any vacation or sick leave payments received by the member 
during such sickness or temporary disability. 
3.  The member may purchase such service credit through: 
a. a cash lump-sum payment, 
b. a trustee-to-trustee transfer of non -Roth funds from a 
Code Section 403(b) annuity or custodial account, an 
eligible deferred compensation plan described in Code 
Section 457(b) which is maintained by a n eligible 
employer described in Code Section 457(e)(1)(A), 
and/or a Code Section 401(a) qua lified plan, 
c. a direct rollover of tax -deferred funds from a Code 
Section 403(b) annuity or custodial account, an 
eligible deferred comp ensation plan described in Code 
Section 457(b) which is maintained by an eligible 
employer described in Code Section 4 57(e)(1)(A), a 
Code Section 401(a) qualified plan, and/or a Code 
Section 408(a) or 408(b) traditional or conduit 
Individual Retirement Acc ount or Annuity (IRA).  Ro th 
accounts, Coverdell Education Savings Accounts and  RBH No. 9314 
 
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after-tax contributions shall not be u sed to purchase 
such service credit, or 
d. any combination of the above methods of payment. 
SECTION 4.  It being immediate ly necessary for the pre servation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage an d approval. 
 
59-2-9314 CMA 12/27/23  
 
THOMAS E. CUMMINS  CONSULTING ACTUARY, INC. 
2512 E. 71
st  
Street ,  Suite D ∙  Tulsa, Oklahoma 74136                             
(918) 492-9658  ∙ (918) 492- 9659 
 
 
 
 
January 9, 2024 
 
 
 
Representative Lepak 
Room 453.2  
 
 
Re: RBH No. 9314 
 
 
RBH No. 9314 is an OLERS clean up bill.   
 
RBH No. 9314 is a non 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