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SENATE FLOOR VERSION
March 26, 2024
ENGROSSED HOUSE
BILL NO. 2996 By: Lepak and Randleman of the
House
and
Weaver of the Senate
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. 2023, 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 declaring
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 Enforcement Retirement Board
of the System;
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4. "Executive Director" means the managing officer of the
System employed by the Board;
5. "Fund" means the Oklahoma Law Enforcement Retirement 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 enforcement 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 D epartment 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 Control
designated to perform duties in the investigation
and prevention of crime and the enforcement of
the criminal laws of this state,
(4) law enforcement officers of the Alcoholic
Beverage Laws Enforcement Commission designated
to perform duties in the investigation and
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prevention of crime and t he enforcement 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 Safety, 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 benefit from
the System, or until retirement. Effective July
1, 2008, a person employed for the first time as
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 Tou rism 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 participate in
the System, and
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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 employer 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 offe red 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
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the person meeting the requisite post -offer-pre-
employment physical examination standards which shall
be subject to the followi ng requirements:
(1) all such persons shall be of good moral
character, free from deformities, mental or
physical conditions, or disease and alcohol 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 established 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 perso n submitting false
information in such person 's membership
application, and
(5) the Board shall have final authority in
determining eligibility for membership in the
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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 re ceive the unreduced payments of the member 's
accrued retirement benefit. Such date shall be the first day of the
month coinciding with or following the date the member:
a. completes twenty (20) years of ves ting 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 Public Employees Retirement
System on or after July 1, 1981, and
(2) the member would have be en vested had the member
continued to be a member of the Oklahoma Public
Employees Retirement System.
With respect to distributions under the System made for calendar
years beginning on or after January 1, 2 005, the System shall apply
the minimum distribut ion 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,
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that for individuals who attain seventy and one -half (70 1/2) years
of age after December 31, 2019, but before January 1, 2023, suc h
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 amen ded,
was inserted in Section 401(a)(9)(B)(iv)(I) of the Internal Revenue
Code of 1986, as amended (applicable to calendar 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 revision of
Section 401(a)(9)(B)(iv) of the Internal Revenue Code of 1986, as
amended, effective for calendar years after 2023 with respect to
certain distributions shall be taken into account, in all cases
notwithstanding any provision of the Syst em to the contrary. 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 requirements and
incidental benefit requirements o f 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
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amended, which were proposed in Janua ry 2001, notwithstanding any
provision of the Sys tem to the contrary.
Effective July 1, 1989, notwithstanding any other provision
contained herein to the contrary, in no event shall commencement of
distribution of the accrued retirement benefit of a member be
delayed beyond April 1 of the calendar year f ollowing the later of:
(1) the calendar year in which the member reaches seventy and one -
half (70 1/2) years of age for a member who attains this age before
January 1, 2020, or, for a member who attains thi s age on or after
January 1, 2020, but before Jan uary 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 reaches seventy -three (73) years
of age for an individual who attains 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 r etirement 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 benefit
commencement beyond the age of sixty -five (65).
Effective September 8, 2009, notwithstanding anything to the
contrary of the System, the Sy stem, which as 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
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401(a)(9) of the Internal Revenue Code o f 1986, as amended, for all
years to which Sectio n 401(a)(9) of 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 j oin the System 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 allowed 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 Sys tem of the employee 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 accumulated leave or uniform
allowance. Salary shall include any amount of nonelective salary
reduction under Section 414(h) of the Internal Revenue Code of 1986;
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9. 10. "Final average salary " means the average of the highest
thirty (30) consecutive complete months of actual paid gross salary.
Gross salary shall include 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 Revenue 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 Code of 1986, as
amended. Effective July 1, 1998, gross salary shall include any
amount of elective salary reduction not includable in t he 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 remunerat ion under Section
132(f)(4) of the Internal Revenue Code of 1986, as amended, shall be
treated as if the member did not make such an election. Only salary
on which required contributions have been made may be used in
computing the final average salary. G ross salary shall 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 gross 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")
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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 amended. 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 twelve (12) months,
the EGTRRA salary limit will be multiplied by a fraction, the
numerator of which is the number of months in the dete rmination
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 reference
in the System to the annual salary limit under Section 401(a)(17) of
the Internal Revenue Code of 1986, as amended, shall mean the EGTRRA
salary limit set forth in this provision.
Effective January 1, 2008, gross salary for a plan yea r 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
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paid to the member while the member continued in employment with the
employer.
Effective January 1, 2008, any payments not descr ibed above
shall not be considered gross salary i f paid after severance from
employment, even if they are paid by the later of two and one -half
(2 1/2) months after the date of severance from employment or the
end of the calendar year that includes the date of severance from
employment, except payments t o an individual 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 t he extent these payments do
not exceed the amount s the individual 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 meaning 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 back pay represents wages and
compensation that would otherwise be included in this defi nition.
Effective for years beginning after Decem ber 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 payable to a member. Credited
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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 ser vice
prior to the establishment of the predecesso r 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 Drugs Control
who became members of the System 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 Pub lic Safety, who became
members of the System on J uly 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 credited unde r
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 of June 30, 1986, for
law enforcement officers of the Oklahoma Capitol Patrol Division of
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the Department of Public Safety who became members of the System
effective July 1, 1993, any service credited under the Okla homa
Public Employees Retirement System as of Jun e 30, 1993, and for all
commissioned officers in the Gunsmith/Ammunition Reloader Division
of the Department of Public Safety who became members of the System
effective July 1, 1994, any service credited under the Oklahoma
Public Employees Retirement Syste m 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 memb ers of the System
effective September 1, 1996, an y service transferred pursuant to
subsection C of Section 2 -309.6 of this title and any service
purchased pursuant to subsection B of Section 2 -307.2 of this title.
Effective August 5, 1993, an authorized leave of absence shall
include a period of absence 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 f rom engaging 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
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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 415 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 control or reduction or enforcement of the
criminal law is obligated or authorized by rule, regulations,
condition of employment o r service, or law to perform including
those social, ceremonial or athletic functions to which the member
is assigned, or for which 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 any 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 instruments, blunt objects or other
physical blows, chemicals, electri city, climatic conditions,
infectious diseases, r adiation and bacteria, but excluding stress
and strain; and
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17. 18. "Beneficiary" means the individual designated by the
member on a beneficiary designation form supplied by the Oklahoma
Law Enforcement Retirement System, or, if there is no designated
beneficiary or if the designated beneficiary predeceases 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 of
Narcotics and Dangerous Drugs Control, the Alcoholic Beverage
Control Board, the Oklahoma Tourism and Recreation Department and
the State Board of Pharmacy shall make contributions to the fund as
follows:
The Department of Public Safety, Oklahoma State Bureau 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 fund an amount equal
to eleven percent (11%) of the actual paid base salary of each
member.
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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 deduct ed 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 1986
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 contributi ons 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 Code of 1986
and such picked up contributions shall not be includable in the
gross income of the member until such amounts 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 dire ctly and the
picked up contributions must be 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 contribution s were picked up by
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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 contributions under the Sy stem.
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 follows:
Section 2-307.2 A. The total service credit of a member who
retires, elects a Deferred Option Plan or terminates employment and
elects a vested benefit shall include not to exceed one hund red
thirty (130) days of unused sick leave accumu lated 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 member of the System. Such
credit shall be added in terms of whole months. Twenty (20) days of
unused sick leave shall equal one (1) month for purposes of service
credit. If unused sick leave enti tles a member to an additional
year or fraction thereof of service credit, the member 's employer
shall reimburse the System for the cost of funding the additional
reserve by paying the amount determined by the Board pursuant to
Section 25 of this act. Each employer shall provide the System with
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adequate and timely information necessary to determine additional
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 for 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. Th e member's
monthly benefit determined as of the effective date of the deferred
option election shall not be adjusted for additional accrued 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 disability caused or sustained
while in the discharge of the member 's duty as a member, is
receiving a temporary total disability benefit under Section 1 et
seq. of Title 85A of the Oklahoma Statutes, and d oes not purchase
service credit as described below, such member shall only receive
prorated service credit based on the contributions made by the
member and the member 's employer while the member is receivin g a
temporary total disability benefit under Sect ion 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 te mporary disability
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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 service
credit for the time related to such leave of absence for such
sickness or temporary disability.
1. The payment for such purchase must be completed no later
than three (3) years from the date the member commenced receipt of a
temporary total disability benefit.
2. The purchase price shall be:
a. the actual paid base salary that the member was
entitled to immediatel y 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, multiplied by,
b. the following percent:
(1) eighteen percent (18%) the combined employe r 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 been suspended without pay, the employer
shall contribute, within three (3) months of the completion of the
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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 disabi lity.
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 an eligible
employer described in Code Section 457(e)(1)(A),
and/or a Code Section 401(a) qualified plan,
c. a direct rollover of tax -deferred 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 an eligible
employer described in Code Section 457(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 Account or Annuity (IRA). Roth
accounts, Coverdell Education Savings Accounts and
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after-tax contributions shall not be used to purchase
such service credit, or
d. any combination of the above methods of payment.
SECTION 4. It being immediately necessary for the preservation
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 afte r its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE
March 26, 2024 - DO PASS