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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3807 By: Burns
AS INTRODUCED
An Act relating to retirement; authorizing certain
persons to become members in the Oklahoma Law
Enforcement Retirement System; directing the Oklahoma
Law Enforcement Retirement System Board to make
determination of eligibility; directing certa in
agencies to send notice; directing certain agencies
and members to make contribut ions if certain
conditions are met; providing conditions on which
certain members shall be transfer red to the System;
amending 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), which relates to definit ions;
modifying term; providing term; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-309.9 of Title 47, unless
there is created a duplication in numbering, reads as follows:
A. Participating agencies may make an irrevocable written
election to become participating employers in the Oklahoma Law
Enforcement Retirement System for t heir Board-designated law
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enforcement support staff who directly support C LEET certified law
enforcement officers and are employed by a participating employer as
determined by the Board. The Board shall determine the allowable
law enforcement support staf f eligible for transfer and may ceas e
new membership if it is determined that the support staff is no
longer eligible. The participating agencies shall send written
notice of the election to the Oklahoma Law Enforcement Retirement
System.
B. Beginning the following month after the System r eceives the
written notice, the participating agencies and all active designated
law enforcement support staff who are hired on or after the date of
the election shall participate in and make contributions to the
System as other participating employers and members of the System.
C. Upon election by the Board, pursuant to subsection A of this
section, active designated law enforcement support staff employed
prior to the date of the election and who were participating in t he
Oklahoma Public Employees Retirem ent System or Pathfinder, m ay,
within three (3) months of the date of the election, make an
irrevocable written election to participate in the Oklahoma Law
Enforcement Retirement System and file the written election with the
Oklahoma Public Employees Retir ement System or Pathfinder and the
Oklahoma Law Enforcement Retirement System. Such designated law
enforcement support staff who make the election to transfer shall be
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transferred to the Oklahoma Law Enforcement Retirem ent System
subject to the following:
1. Upon the date of election of the law enforcement support
staff, the law enforcement support staff shall cease accruing
benefits in the Oklahoma Public Employees Retirement System or
Pathfinder and shall commence acc ruing benefits in the Oklahoma Law
Enforcement Retirement System;
2. Prior to the beginning of the month following receipt of the
designated law enforcement support staff 's election by Oklahoma
Public Employees Retirement System, the Oklahoma Public Emplo yees
Retirement System or Pathfinder shall transfer to the Oklahoma Law
Enforcement Retirement System all employee contributions and
employer contributions plus accrued interest. The Oklahoma Public
Employees Retirement System or Pathfinder shall also sen d to the
Oklahoma Law Enforcement Re tirement System the retirement records of
the transferring law enforcement support staff;
3. To receive service credit accrued by such law enforcement
support staff prior to the election, or prior to the date as of
which the person making the election cea ses to be a member of the
Oklahoma Public Employees Retirement System or Pathfinder, whichever
date occurs last, the member shall pay the difference between the
amount transferred by the Oklahoma Public Employees Retirem ent
System or Pathfinder to the Okla homa Law Enforcement Retirement
System in paragraph 2 of subsection C of this section and the amount
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determined by the Board of Trustees pursuant to Section 2 -307.5 of
Title 47 of the Oklahoma Stat utes. The designated law enforcement
support staff shall e lect to either pay any difference to receive
full credit for the years sought to be transferred or receive
prorated service credit for only the amount received from the
Oklahoma Public Employees Retirement System or Path finder pursuant
to subsection C of this section. Payments made by electing
designated law enforcement support staff pursuant to paragraph 3 of
subsection C of this section shall be made pursuant to subsection B
of Section 2-307.5 of Title 47 of the Oklahoma Statutes;
4. Service credit accrued by a designated law enforcement
support staff while a mem ber of the Oklahoma Public Employees
Retirement System or Pathfinder shall be treated as credited service
for such transferring designated law enforcement supp ort staff in
the Oklahoma Public Emp loyees Retirement System or Pathfinder if the
designated law enforcement support staff is not receiving or
eligible to receive service credit or benefits from said service in
any other public retirement system and the me mber has not received
service credit for the same years of service pursuant to Sections 2 -
307.1, 2-307.3, and 2-307.4 of Title 47 of the Oklahoma Statutes.
Provided further that only transferred credited service related to
law enforcement service with the participating agencies shall be
included in the determination of a law enforcement support staff 's
normal retirement date o r vesting date; and
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5. All service credit with the Oklahoma Public Employees
Retirement System or Pathfinder which is ineligible fo r transfer to
the Oklahoma Law Enfor cement Retirement System shall be cance lled.
D. Upon election by the Board, pursuant to subsection A of this
section, active law enforcement support staff employed prior to the
date of the election and who were not part icipating in the Oklahoma
Public Employees Retirement System or Pathfinder, may, within three
(3) months of the date of the election, make an irrevocable written
election to participate in the Oklahoma Law Enforcement Retirement
System and file the written election with the Oklahoma Law
Enforcement Retirement System. Beginning the following month afte r
the System for such desi gnated law enforcement support staff
receives the law enforcement support staff 's written election, the
participating agencies and the electing designated law enforceme nt
support staff shall participate in and make contributions to t he
System as other part icipating employers and members of the System.
SECTION 2. 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 La w Enforcement Retirement
System;
2. "Act" means Section 2-300 et seq. of this title;
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3. "Board" means the Oklahoma Law Enforce ment Retirement Board
of the System;
4. "Executive Director" means the managing officer of the
System employed by the Board;
5. "Fund" means the Oklahoma Law Enforcement Reti rement Fund;
6. 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 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 crime and the enforcement of
the criminal laws of this state,
(4) law enforcement officers of the Alcoholic
Beverage Laws Enforcemen t Commission designated
to perform duties in the investigation and
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prevention of crime and th e 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 Saf ety, who are employed in
any such capacity as of J une 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 as
an employee of the De partment 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 Tour ism and
Recreation Department and a ny 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, and
(8) law enforcement support staff of the
participating agencies, as determined by the
Board.
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 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
the person meeting the requisite post-offer-pre-
employment physical examination standards which shall
be subject to the following require ments:
(1) all such persons shall be of good moral
character, free from deformities, mental or
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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,
(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 the
System, pursuant to the provisions of this
subsection;
7. "Normal retirement date" means the date at which the member
is eligible to receive the unreduced payments of the member's
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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,
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),
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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), Section
401(a)(9)(C)(i)(I) and Section 401(a)(9)(C)(ii)(I) of the Internal
Revenue Code of 1986, as amended, in all c ases notwithstanding any
provision of the System 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 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 amended,
which were proposed in January 2001, notwithstanding any provision
of the System to the contrary.
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
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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 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 ret irement date of the member. A member
electing to defer the commencement of retirem ent 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 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
401(a)(9) of the Internal Revenue Code of 1986, as amended, for all
years to which Section 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 join 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
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not a member of the Oklahoma Public Employee s Retirement System on
the date of such transfer shall be allowed to receive credit f or
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 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. "Participating agencies" means the Oklahoma Department of
Public Safety (DPS), Oklahoma State Bureau of Investigation (OSBI),
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
(OBNDDC), Oklahoma Alcoholic Beverage Laws Enforcement (ABLE)
Commission, Oklahoma Law Enforcement Retirement System (OLE RS), and
any other agency as determined by the Board;
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 salar y
reduction under Section 414(h) of the Internal Revenue Code of 1986;
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 include any amount of elective salar y reduction
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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 am ount of elective salary
reduction under Section 125 of the Internal Revenue Code of 1986, as
amended. Effective July 1, 1998, gross salary s hall 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 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 contributi ons have been made may be us ed in
computing the final average salary. Gross 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 gr oss salary of each "Noneligible
Member" taken into account under the System shall not ex ceed the
Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA")
annual salary limit. The EGTRRA annual salary limit is Two Hun dred
Thousand Dollars ($200 ,000.00), as adjusted by the Commissioner for
increases in the cost of living in accorda nce with Section
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401(a)(17)(B) of the Internal Revenue Code of 1986, as amended. The
annual salary limit in effect for a calendar year appli es 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 b y a fraction, the
numerator of which is the number of months in the determination
period, and the denominator of wh ich is twelve (12). For purposes
of this section, a "Noneligible Member" is any member who first
became a member during a plan year commenci ng 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 i n this provision.
Effective January 1, 2008, gross salary for a plan year shall
also include gross salary, as descr ibed 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 t he calendar year
that includes the date the member terminated employment, if it is a
payment that, absent a severan ce from employment, would have been
paid to the member while the member continued in employment with the
employer.
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Effective January 1, 2008, any payments not described 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 date of severance from employment or the
end of the calendar yea r that includes the date of severance from
employment, except payments to 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 the extent these payments do
not exceed the amounts 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, ba ck pay, within the meaning of
Section 1.415(c)-2(g)(8) of the Income Tax Regulations, shall be
treated as gross sal ary for the limitation year to which the back
pay relates to the extent the back pay represents wages and
compensation that would otherwise b e included in this definition.
Effective for years beginning a fter December 31, 2008, gross
salary shall also inclu de 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
service shall consist of th e period during which the member
participated in the System or the predecessor Plan as an active
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employee in an eligible membership class ification, plus any service
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 Na rcotics and Dangerous Drugs Control
who became members of the Syst em on July 1, 1980, any service
credited under the Ok lahoma Public Employees Retirement System as of
June 30, 1980, and for members of the Communications and Lake Patrol
Divisions of the Okl ahoma Department of Public 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 Ok lahoma
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 Syst em 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 c redited under the
Oklahoma Public Employees Retirement System as o f June 30, 1986, for
law enforcement officer s of the Oklahoma Capitol Patrol Division of
the Department of Public Safety who became members of the System
effective July 1, 1993, any service credited under the Oklahoma
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Public Employees Retirement System as of June 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, a ny 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 members 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 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 a bsence pursuant to the Family and Medical Le ave
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 thereaft er
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, regar dless of
occupation, providing the salary of the employee is not diminished
thereby;
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12. 13. "Limitation year" means the year used in applyin g 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 control 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 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 f rom 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 cond itions,
infectious diseases, radiation and bacte ria, but excluding stress
and strain; and
17. 18. "Beneficiary" means the individual designated by the
member on a beneficiar y designation form supplied by the Oklahoma
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Law Enforcement Retirement System, or, if there is no designated
beneficiary or if the des ignated 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 3. This act shall become effective November 1, 2024.
59-2-9475 CMA 01/10/24
THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
2512 E. 71
st
Street , Suite D ∙ Tulsa, Oklahoma 74136
(918) 492-9658 ∙ (918) 492- 9659
January 15, 2024
Representative Burns
Room 300.4
Re: RBH No. 9475
RBH No. 9475 would allow a participating agency to make an election
to permit support staff of CLEET certified law enforcement officer
to become participants of OLERS.
New hires would automatically become OLERS participants. Existing
participants of OPERS and Pathfinder may elect to become
participants of OLERS. Past service cr edit to be purchased at
actuarial cost.
RBH No. 9475 is a fiscal bill as defi ned 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