Oklahoma 2024 Regular Session

Oklahoma House Bill HB3807 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		RBS No. 3732
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29		-	SENATE FLOOR VERSION
30		-	April 9, 2024
	28	+	STATE OF OKLAHOMA
31	29
	30	+	2nd Session of the 59th Legislature (2024)
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33	32		COMMITTEE SUBSTITUTE
34	33		FOR ENGROSSED
35		-	HOUSE BILL ~~NO.~~ 3807 By: Burns of the House
	34	+	HOUSE BILL 3807 By: Burns of the House
36	35
37	36		and
38	37
39	38		Garvin of the Senate
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	44	+	COMMITTEE SUBSTITUTE
	45	+
45	46		[ retirement - members of the Oklahoma Law
46	47		Enforcement Retirement System – notice -
47	48		contributions – transfers to the System – Oklahoma
48	49		Pension Legislation Actuarial Analysis Act -
49		-	definitions - codification -
50		-	~~emergency ]~~
	50	+	definitions - codification - effective date ]
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55	56		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56	57		SECTION 1. AMENDATORY 47 O.S. 2021, Section 2 -300, as
57	58		amended by Section 8, Chapter 151, O.S.L. 2023 ( 47 O.S. Supp. 2023,
58	59		Section 2-300), is amended to read as follows:
59	60		Section 2-300. As used in Section 2 -300 et seq. of this title:
60	61		1. “System” means the Oklahoma Law Enforcement Retirement
61	62		System;
62	63		2. “Act” means Section 2-300 et seq. of this title;
63	64		3. “Board” means the Oklahoma Law Enforcement Retirement Board
64	65		of the System; RBS No. 3732
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92	92		4. “Executive Director” means the managing officer of the
93	93		System employed by the Board;
94	94		5. “Fund” means the Oklahoma Law Enforcement Retirement Fund;
95	95		6. “Participating employer ” means any Oklahoma entity with one
96	96		or more employees who are members of the System;
97	97		7. a. “Member” means:
98	98		(1) all commissioned law enforcement officers of the
99	99		Oklahoma Highway Patrol Division of the
100	100		Department of Public Safety who have obtained
101	101		certification from the Council on Law Enforcement
102	102		Education and Training, and all cadets of a
103	103		Patrol Academy patrol academy of the Department
104	104		of Public Safety,
105	105		(2) law enforcement officers and criminalists of the
106	106		Oklahoma State Bureau of Investigation,
107	107		(3) law enforcement officers of the Oklahoma State
108	108		Bureau of Narcotics and Dangerous Drugs Control
109	109		designated to perform duties in the investigation
110	110		and prevention of crime and the enforcement of
111	111		the criminal laws of this state,
112	112		(4) law enforcement officers of the Alcoholic
113	113		Beverage Laws Enforcement Commission designated
114	114		to perform duties in the investigation and RBS No. 3732
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142	141		prevention of crime and the enforcement of the
143	142		criminal laws of this state,
144	143		(5) employees of the Communications Section of the
145	144		Oklahoma Highway Patrol Division, radio
146	145		technicians and tower technicians of the
147	146		Department of Public Safety, who are employed in
148	147		any such capacity as of June 30, 2008, and who
149	148		remain employed on or after July 1, 2008, until a
150	149		termination of service, or until a termination of
151	150		service with an election of a vested benefit from
152	151		the System, or until retirement. Effective July
153	152		1, 2008, a person employe d for the first time as
154	153		an employee of the Department of Public Safety in
155	154		the Communications Division as an information
156	155		systems telecommunication technician of the
157	156		Department of Public Safety shall not be a member
158	157		of the System,
159	158		(6) park rangers of the Oklahoma Tourism and
160	159		Recreation Department and any park manager or
161	160		park supervisor of the Oklahoma Tourism and
162	161		Recreation Department, who was employed in such a
163	162		position prior to July 1, 1985, and who elects on
164	163		or before September 1, 1996, to participate in
165	164		the System, and RBS No. 3732
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193	191		(7) inspectors of the State Board of Pharmacy ,
194	192		(8) law enforcement support staff of a participating
195	193		agency hired on or after the e ffective date of
196	194		this act, if so designated by a participating
197	195		employer pursuant to Section 2 of this act, and
198	196		(9) active commissioned or CLEE T-certified agents
199	197		hired by the Department of Wildlife Conservation
200	198		on or after the effective date of this act .
201	199		b. Effective July 1, 1987, a member does not include a
202	200		“leased employee” as defined under Section 414(n)(2)
203	201		of the Internal Revenue Code of 1986 , as amended.
204	202		Effective July 1, 1999, any individual who agrees with
205	203		the participating employer that the individu al’s
206	204		services are to be performed as a leased employee or
207	205		an independent contractor shall not be a member
208	206		regardless of any classification as a common-law
209	207		employee by the Internal Revenue Service or any other
210	208		governmental agency, or any court of competent
211	209		jurisdiction.
212	210		c. All persons who shall be offered a position of a
213	211		commissioned law enforcement officer as an em ployee of
214	212		one of the agencies described in subparagraph a of
215	213		this paragraph shall participate in the System only
216	214		upon the person meeting the requisite post-offer-pre- RBS No. 3732
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244	241		employment physical examination standards which shall
245	242		be subject to the following requirements:
246	243		(1) all such persons shal l be of good moral
247	244		character, free from deformities, mental or
248	245		physical conditions, or disease and alcohol or
249	246		drug addiction which would prohibit the person
250	247		from performing the duties of a law enforcement
251	248		officer,
252	249		(2) the physical-medical examination shall pertain to
253	250		age, sight, hearing, agility and other conditions
254	251		the requirements of which shall be established by
255	252		the Board,
256	253		(3) the person shall be required to meet the
257	254		conditions of this subsection prior to the
258	255		beginning of actual employment but after an o ffer
259	256		of employment has been tendered by a
260	257		participating employer,
261	258		(4) the Board shall have authority to deny or revoke
262	259		membership of any person submitting false
263	260		information in such person ’s membership
264	261		application, and
265	262		(5) the Board shall have final authori ty in
266	263		determining eligibility for membership in the RBS No. 3732
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294	290		System, pursuant to the provisions of this
295	291		subsection;
296	292		7. 8. “Normal retirement date ” means the date at which the
297	293		member is eligible to receive the unreduced payments of the member ’s
298	294		accrued retirement b enefit. Such date shall be the first day of the
299	295		month coinciding with or following the date the member:
300	296		a. completes twenty (20) years of vesting service, or
301	297		b. attains sixty-two (62) years of age with ten (10)
302	298		years of vesting service, or
303	299		c. attains sixty-two (62) years of age, if:
304	300		(1) the member has been transferred to this System
305	301		from the Oklahoma Public Employees Retirement
306	302		System on or after July 1, 1981, and
307	303		(2) the member would have been vested had the member
308	304		continued to be a member of the Oklahoma Public
309	305		Employees Retirement System.
310	306		With respect to distributions under the System made for calendar
311	307		years beginning on or after January 1, 2005, the System shall apply
312	308		the minimum distribution incidental benefit requirement s, incidental
313	309		benefit requirements, and minimum distribution requirements of
314	310		Section 401(a)(9) of the Internal Revenue Code of 1986, as amended,
315	311		in accordance with the final regulations under Section 401(a)(9) of
316	312		the Internal Revenue Code of 1986, as amended, including Treasury
317	313		Regulations Sections 1.401(a)(9) -1 through 1.401(a)(9) -9; provided, RBS No. 3732
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345	340		that for individuals who attain seventy and one -half (70 1/2) years
346	341		of age after December 31, 2019, but before January 1, 2023, such
347	342		distributions shall take into ac count that “age 70 1/2” was stricken
348	343		and “age 72” was inserted in Sections 401(a)(9)(B)(iv)(I),
349	344		401(a)(9)(C)(i)(I) and 401(a)(9)(C)(ii)(I) of the Internal Revenue
350	345		Code of 1986, as amended, and, provided further, that for
351	346		individuals who attain seventy -two (72) years of age after Decembe r
352	347		31, 2022, such distributions shall take into account that “age 72”
353	348		was stricken and “the applicable age”, as defined in Section
354	349		401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as amended,
355	350		was inserted in Section 401(a )(9)(B)(iv)(I), Section
356	351		401(a)(9)(C)(i)(I) and Section 401(a)(9)(C)(ii)(I) of the Internal
357	352		Revenue Code of 1986, as amended, in all cases notwith standing any
358	353		provision of the System to the contrary. With respect to
359	354		distributions under the System made for calendar years beginning on
360	355		or after January 1, 2001, through December 31, 2004, the System
361	356		shall apply the minimum distribution requirements and incidental
362	357		benefit requirements of Section 401(a)(9) of the Internal Revenue
363	358		Code of 1986, as amended, in acco rdance with the regulations und er
364	359		Section 401(a)(9) of the Internal Revenue Code of 1986, as amended,
365	360		which were proposed in January 2001, notwit hstanding any provision
366	361		of the System to the contrary.
367	362		Effective July 1, 1989, notwithstanding any other provision
368	363		contained herein to the con trary, in no event shall commencement of RBS No. 3732
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396	390		distribution of the accrued retirement benefit of a member be
397	391		delayed beyond April 1 of the calendar year following the later of:
398	392		(1) the calendar year in which the member reaches sev enty and one-
399	393		half (70 1/2) years of age for a member who attains this age before
400	394		January 1, 2020, or, for a member who attains this age on or aft er
401	395		January 1, 2020, but before January 1, 2023, the calendar year in
402	396		which the member reaches seventy -two (72) years of age, or effective
403	397		for distributions required to be made after December 31, 2022, the
404	398		calendar year in which the member reaches seventy -three (73) years
405	399		of age for an individual who attains age seventy -two (72) after
406	400		December 31, 2022, or “the applicable age”, as defined in Sect ion
407	401		401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as amended, if
408	402		later; or (2) the actual retirement date of the member. A member
409	403		electing to defer the commencement of retirement benefits pursuant
410	404		to Section 2-308.1 of this title may not defer the benefit
411	405		commencement beyond the age of sixty -five (65).
412	406		Effective September 8, 2009, notwithstanding anything to the
413	407		contrary of the System, the System, which as a governmental plan
414	408		(within the meaning of Section 414(d) of t he Internal Revenue Code
415	409		of 1986, as amended), is treated as having complied with Section
416	410		401(a)(9) of the Internal Revenue Code of 1986, as amen ded, for all
417	411		years to which Section 401(a)(9) of the Internal Revenue Code of
418	412		1986, as amended, applies to the System if the System complies w ith RBS No. 3732
419	413
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446	439		a reasonable and good faith interpretation of Section 401(a)(9) of
447	440		the Internal Revenue Code of 1986, as amended.
448	441		A member who was required to join the System effective July 1,
449	442		1980, because of the transfer of the employi ng agency from the
450	443		Oklahoma Public Employees Retirement System to the System, and was
451	444		not a member of the Oklahoma Public Employees Retirement Sy stem on
452	445		the date of such transfer shall be allowed to receive credit for
453	446		prior law enforcement service rendered to this state, if the member
454	447		is not receiving or eligible to receive retirement credit or
455	448		benefits for such service in any other public retirement system,
456	449		upon payment to the System of the employee contribution the member
457	450		would have been subject to had th e member been a member of the
458	451		System at the time, plus five percent (5%) interest. Service credit
459	452		received pursuant to this paragraph shall be u sed in determining the
460	453		member’s retirement benefit, and shall be used in determining years
461	454		of service for retirement or vesting purposes;
462	455		8. 9. “Actual paid base salary ” means the salary received by a
463	456		member, excluding payment for any accumulated leave or uniform
464	457		allowance. Salary shall include any amount of nonelective salary
465	458		reduction under Section 414(h) of th e Internal Revenue Code of 1986 ;
466	459		9. 10. “Final average salary ” means the average of the highest
467	460		thirty (30) consecutive complete months of actua l paid gross salary.
468	461		Gross salary shall include any amount of elective salary reduction
469	462		under Section 457 of the Internal Revenue Code of 198 6, as amended, RBS No. 3732
470	463
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497	489		and any amount of nonelective salary reduction under Section 414(h)
498	490		of the Internal Revenue Code of 1986, as amended. Effective July 1,
499	491		1992, gross salary shall include any amount of elective salary
500	492		reduction under Section 125 of the Intern al Revenue Code of 1986, as
501	493		amended. Effective July 1, 1998, gross salary shall include any
502	494		amount of elective sa lary reduction not includable in the gross
503	495		income of the member under Section 132(f)(4) of the Internal Revenue
504	496		Code of 1986, as amended. Eff ective July 1, 1998, for purposes of
505	497		determining a member ’s compensation, any contribution by the member
506	498		to reduce his or her regular cash remuneration under Section
507	499		132(f)(4) of the Internal Revenue Code of 1986, as amended, shall be
508	500		treated as if the mem ber did not make such an election. Only salary
509	501		on which required contributions have been made may be used in
510	502		computing the final average salary. Gross salary shall not include
511	503		severance pay.
512	504		In addition to other applicable limitations, and notwithstandin g
513	505		any other provision to the contrary, for plan years beginning on or
514	506		after July 1, 2002, the annual gross salary of each “Noneligible
515	507		Member” taken into account under the System shall not exceed the
516	508		Economic Growth and Tax R elief Reconciliation Act of 200 1 (“EGTRRA”)
517	509		annual salary limit. The EGTRRA annual salary limit is Two Hundred
518	510		Thousand Dollars ($200,000.00), a s adjusted by the Commissioner for
519	511		increases in the cost of living in accordance with Section
520	512		401(a)(17)(B) of the Internal Revenue Code of 19 86, as amended. The RBS No. 3732
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548	539		annual salary limit in effect for a calendar year applies to any
549	540		period, not exceeding twelve (12) months, over which salary is
550	541		determined (“determination period ”) beginning in such calendar year.
551	542		If a determination period consists of fewer than twelve (12) months,
552	543		the EGTRRA salary limit will be multiplied by a fraction, the
553	544		numerator of which i s the number of months in the determination
554	545		period, and the denominator of which is twelve (12). For purposes
555	546		of this section, a “Noneligible Member” is any member who first
556	547		became a member during a plan year commencing on or after July 1,
557	548		1996.
558	549		For plan years beginning on or after July 1, 2002, any reference
559	550		in the System to the annual salary limit under Section 401(a)(17) of
560	551		the Internal Revenue Code of 1986, as amended, shall mean the EGTRRA
561	552		salary limit set forth in this provision.
562	553		Effective January 1, 2008, gross salary for a plan year shall
563	554		also include gross salary, as described above, for services, but
564	555		paid by the later of two and one -half (2 1/2) months after a
565	556		member’s severance from employment or the end of the calendar year
566	557		that includes the date the member terminated employment, if it is a
567	558		payment that, absent a severance from employment, would have bee n
568	559		paid to the member while the member continued in employment with the
569	560		employer.
570	561		Effective January 1, 2008, any payments not described above
571	562		shall not be considered gross salary if paid after severance from RBS No. 3732
572	563
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592	582		19
593	583		20
594	584		21
595	585		22
596	586		23
597	587		24
598	588
599	589		employment, even if they are paid by the later of two and one -half
600	590		(2 1/2) months after the date of severance from employment or the
601	591		end of the calendar year that includes the date of severance from
602	592		employment, except payments to an individual who does not currently
603	593		perform services for the employer by r eason of qualified military
604	594		service within the meaning of Section 414(u)(5) of the Internal
605	595		Revenue Code of 1986, as amended, to the extent these payments do
606	596		not exceed the amounts the individual would have received if the
607	597		individual had continued to perform services for the employer ra ther
608	598		than entering qualified military service.
609	599		Effective January 1, 2008, back pay, within the meaning of
610	600		Section 1.415(c)-2(g)(8) of the Income Tax Regulations, shall be
611	601		treated as gross salary for the limitation year to whi ch the back
612	602		pay relates to the extent the back pay represents wages and
613	603		compensation that would otherwise be included in this definition.
614	604		Effective for years beginning after December 31, 2008, gross
615	605		salary shall also include differential wage payments under Section
616	606		414(u)(12) of the Int ernal Revenue Code of 1986, as amended;
617	607		10. 11. “Credited service” means the period of service used to
618	608		determine the amount of benefits payable to a member. Credited
619	609		service shall consist of the period during which the memb er
620	610		participated in the System o r the predecessor Plan as an active
621	611		employee in an eligible membership classification, plus any service
622	612		prior to the establishment of the predecessor Plan which was RBS No. 3732
623	613
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626	615		2
627	616		3
628	617		4
629	618		5
630	619		6
631	620		7
632	621		8
633	622		9
634	623		10
635	624		11
636	625		12
637	626		13
638	627		14
639	628		15
640	629		16
641	630		17
642	631		18
643	632		19
644	633		20
645	634		21
646	635		22
647	636		23
648	637		24
649	638
650	639		credited under the predecessor Plan and for law enforcement officers
651	640		and criminalists of th e Oklahoma State Bureau of Investigation and
652	641		the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
653	642		who became members of the System on July 1, 1980, any service
654	643		credited under the Oklahoma Public Employees Retire ment System as of
655	644		June 30, 1980, and for members of the Communications and Lake Patrol
656	645		Marine Enforcement Divisions of the Oklahoma Department of Public
657	646		Safety, who became members of the System on July 1, 1981, any
658	647		service credited under the predecessor Plan or the Oklahoma Public
659	648		Employees Retirement System as of June 30, 1981, and for law
660	649		enforcement officers of the Alcoholic Beverage Laws Enforcement
661	650		Commission who became members of the System on July 1, 1982, any
662	651		service credited under the Oklahoma Public Employees Retirement
663	652		System as of June 30, 1982, and for park rangers of the Oklahoma
664	653		Tourism and Recreation Department who beca me members of the System
665	654		on July 1, 1985, any service credited under the Oklahoma Public
666	655		Employees Retirement System as of June 30, 1985, and for inspectors
667	656		of the State Board of Pharmacy who became members of the System on
668	657		July 1, 1986, any service credited under the Oklahoma Public
669	658		Employees Retirement System as of June 30, 1986, for law enforcement
670	659		officers of the Oklahoma Capitol Patrol Division Section of the
671	660		Department of Public Safety who became members of the System
672	661		effective July 1, 1993, any servi ce credited under the Oklahoma
673	662		Public Employees Retirement System as of June 30, 1993, and for all RBS No. 3732
674	663
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	664	+	Req. No. 3732 Page 14 1
677	665		2
678	666		3
679	667		4
680	668		5
681	669		6
682	670		7
683	671		8
684	672		9
685	673		10
686	674		11
687	675		12
688	676		13
689	677		14
690	678		15
691	679		16
692	680		17
693	681		18
694	682		19
695	683		20
696	684		21
697	685		22
698	686		23
699	687		24
700	688
701	689		commissioned officers in the Gunsmith/Ammunition Reloader Division
702	690		of the Department of Public Safety who became members of the System
703	691		effective July 1, 1994, any service credited under the Oklahoma
704	692		Public Employees Retirement System as of June 30, 1994, and for the
705	693		park managers or park supervisors of the Oklah oma Tourism and
706	694		Recreation Department who were employed in such a position prior to
707	695		July 1, 1985, and who elect to become members of the System
708	696		effective September 1, 1996, any service transferred pursuant to
709	697		subsection C of Section 2 -309.6 of this title a nd any service
710	698		purchased pursuant to subsection B of Section 2 -307.2 of this title.
711	699		Effective August 5, 1993, an authorized leave of absence shall
712	700		include a period of absence pursuant to the Family and Medical Leave
713	701		Act of 1993;
714	702		11. 12. “Disability” means a physical or mental condition
715	703		which, in the judgment of the Board, totally and presumably
716	704		permanently prevents the member from engaging in the usual and
717	705		customary duties of the occupation of the member and thereafter
718	706		prevents the member from performing the duties of any occupation or
719	707		service for which the member is qualified by reason of training,
720	708		education or experience. A person is not under a disability when
721	709		capable of performing a service to the employer, regardless of
722	710		occupation, providing the sala ry of the employee is not diminished
723	711		thereby; RBS No. 3732
724	712
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726		-	(Bold face denotes Committee Amendments) 1
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727	714		2
728	715		3
729	716		4
730	717		5
731	718		6
732	719		7
733	720		8
734	721		9
735	722		10
736	723		11
737	724		12
738	725		13
739	726		14
740	727		15
741	728		16
742	729		17
743	730		18
744	731		19
745	732		20
746	733		21
747	734		22
748	735		23
749	736		24
750	737
751	738		12. 13. “Limitation year” means the year used in appl ying the
752	739		limitations of Section 415 of the Internal Revenue Code of 1986,
753	740		which year shall be the calendar year;
754	741		13. 14. “Line of duty” means any action which a member whose
755	742		primary function is crime control or reduction or enforcement of the
756	743		criminal law is obligated or authorized by rule, regulations,
757	744		condition of employment or service, or law to perform including
758	745		those social, ceremonial or athletic funct ions to which the member
759	746		is assigned, or for which the member is compensated, by the agency
760	747		the member serves;
761	748		14. 15. “Personal injury” or “injury” means any traumatic
762	749		injury as well as diseases which are caused by or result from such
763	750		an injury, but not occupational diseases;
764	751		15. 16. “Catastrophic nature” means consequences of an injury
765	752		that permanently prevent an individual from performing any gainful
766	753		work;
767	754		16. 17. “Traumatic injury” means a wound or a condition of the
768	755		body caused by external force inc luding injuries inflicted by
769	756		bullets, explosives, sharp instruments, blunt objects or other
770	757		physical blows, chemicals, electricity, climatic conditions,
771	758		infectious diseases, radiation and bacteria, but excluding stress
772	759		and strain; and
773	760		17. 18. “Beneficiary” means the individual designated by the
774	761		member on a beneficiary designation form supplied by the Oklahoma RBS No. 3732
775	762
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778	764		2
779	765		3
780	766		4
781	767		5
782	768		6
783	769		7
784	770		8
785	771		9
786	772		10
787	773		11
788	774		12
789	775		13
790	776		14
791	777		15
792	778		16
793	779		17
794	780		18
795	781		19
796	782		20
797	783		21
798	784		22
799	785		23
800	786		24
801	787
802	788		Law Enforcement Retirement System, or, if there is no designated
803	789		beneficiary or if the designated beneficiary predeceases the member,
804	790		the estate of the member. If the member ’s spouse is not designated
805	791		as the sole primary beneficiary, the member ’s spouse must sign a
806	792		consent.
807	793		SECTION 2. NEW LAW A new section of law to be codified
808	794		in the Oklahoma Statutes as Section 2 -309.9 of Title 47, unless
809	795		there is created a duplication in numbering, reads as follows:
810	796		A. 1. On or before November 1, 2024, a participating member of
811	797		the Oklahoma Law Enforcement Retirement System may make an
812	798		irrevocable written election to include law enforcement support
813	799		staff hired on or after the effective date of the election as
814	800		members of the System. Inclu sion of law enforcement support staff
815	801		in an election made under this section shall only be to the extent
816	802		that such staff position is not already designated as eligible for
817	803		membership in the System.
818	804		2. A participating member wishing to make an election under
819	805		this subsection shall provide written notice of the election to the
820	806		System within seven (7) days of the member making such election.
821	807		The effective date of the election shall be the first day of the
822	808		month following the date that the System receives writ ten notice
823	809		from the participating member.
824	810		3. For the purposes of this section, “law enforcement support
825	811		staff” means employees of a participating member who directly RBS No. 3732
826	812
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829	814		2
830	815		3
831	816		4
832	817		5
833	818		6
834	819		7
835	820		8
836	821		9
837	822		10
838	823		11
839	824		12
840	825		13
841	826		14
842	827		15
843	828		16
844	829		17
845	830		18
846	831		19
847	832		20
848	833		21
849	834		22
850	835		23
851	836		24
852	837
853	838		support law enforcement officers certified by the Council on Law
854	839		Enforcement Education and Training (CLEET) , including analysts and
855	840		communications staff.
856	841		B. Beginning on the effective date of an election under
857	842		subsection A of this section , the participating member and law
858	843		enforcement support staff at the subject of an election shall
859	844		participate in and make contributions to the System as other
860	845		participating members of the System. In no event shall
861	846		contributions be made by or on behalf of l aw enforcement support
862	847		staff to any plan offered by the Oklahoma Public Employees
863	848		Retirement System following such election .
864	849		C. In no event shall any employee who is at the subject of an
865	850		election made pursuant to subsection A of this section be permitted,
866	851		directly or indirectly, to influence the potential election of a
867	852		participating member agency.
868	853		SECTION 3. NEW LAW A new section of law to be codified
869	854		in the Oklahoma Statutes as Section 2 -309.10 of Title 47, unless
870	855		there is created a dupl ication in numbering, reads as follows:
871	856		Law enforcement game wardens of the Department of Wildlife
872	857		Conservation who are certified by the Council on Law Enforcement
873	858		Education and Training (CLEET) and who are hired on or after July 1,
874	859		2024, shall participate in and make contributions to the Oklahoma
875	860		Law Enforcement Retirement System as other participating employers
876	861		and members of the System. Such employees shall not make RBS No. 3732
877	862
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	863	+	Req. No. 3732 Page 18 1
880	864		2
881	865		3
882	866		4
883	867		5
884	868		6
885	869		7
886	870		8
887	871		9
888	872		10
889	873		11
890	874		12
891	875		13
892	876		14
893	877		15
894	878		16
895	879		17
896	880		18
897	881		19
898	882		20
899	883		21
900	884		22
901	885		23
902	886		24
903	887
904	888		contributions to any plan offered by the Oklahoma Public Employees
905		-	Retirement System or any retirement plan under Section 401(a) of the
906		-	Internal Revenue Code of 1986, as amended, sponsored or maintained
907		-	by the Department of Wildlife Conservation . The Department shall be
908		-	a participating employer in the Oklahoma Law Enforcement Retireme nt
909		-	System for all CLEET -certified law enforcement game wardens who
910		-	participate in the Oklahoma Law Enforcement Retirement System
911		-	pursuant to the provisions of this section.
	889	+	Retirement System. The Department shall be a participating employer
	890	+	in the Oklahoma Law Enforcement Retirement System for all CLEET -
	891	+	certified law enforcement game wardens who participate in the
	892	+	Oklahoma Law Enforcement Retirement System pursuant to the
	893	+	provisions of this section.
912	894		SECTION 4. AMENDATORY 62 O.S. 2021, Section 3103, as
913	895		last amended by Section 1, Chapter 306, O.S.L. 2022 (62 O.S. Supp.
914	896		2023, Section 3103), is amended to read as follows:
915	897		Section 3103. As used in the Oklahoma Pensi on Legislation
916	898		Actuarial Analysis Act:
917	899		1. “Amendment” means any amendment, including a substitute
918	900		bill, made to a retirement bill by any committee of the House of
919	901		Representatives or Senate, any conference committee of the House or
920	902		Senate or by the House or Se nate;
921	903		2. “RB number” means that number preceded by the letters “RB”
922	904		assigned to a retirement bill by the respective staffs of the
923	905		Oklahoma State Senate and the Oklahoma House of Representatives when
924	906		the respective staff office prepares a retirement bi ll for a member
925	907		of the Legislature;
926	908		3. “Legislative Actuary” means the firm or entity that enters
927		-	into a contract with the Legislative Service Bureau pursuant to RBS No. 3732
	909	+	into a contract with the Legislative Service Bureau pursuant to
	910	+	Section 452.15 of Title 74 of the Oklahoma Statutes to provide the RBS No. 3732
928	911
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	912	+	Req. No. 3732 Page 19 1
931	913		2
932	914		3
933	915		4
934	916		5
935	917		6
936	918		7
937	919		8
938	920		9
939	921		10
940	922		11
941	923		12
942	924		13
943	925		14
944	926		15
945	927		16
946	928		17
947	929		18
948	930		19
949	931		20
950	932		21
951	933		22
952	934		23
953	935		24
954	936
955		-	Section 452.15 of Title 74 of the Oklahoma Statutes to provide the
956	937		actuarial services and other d uties provided for in the Oklahoma
957	938		Pension Legislation Actuarial Analysis Act;
958	939		4. “Nonfiscal amendment” means an amendment to a retirement
959	940		bill having a fiscal impact, which amendment does not chang e any
960	941		factor of an actuarial investigation specified in subsection A of
961	942		Section 3109 of this title;
962	943		5. “Nonfiscal retirement bill ” means a retirement bill:
963	944		a. which does not affect the cost or funding factors of a
964	945		retirement system,
965	946		b. which affects such factors only in a manner which does
966	947		not:
967	948		(1) grant a benefit increase under the retirement
968	949		system affected by the bill,
969	950		(2) create an actuarial accrued liability for or
970	951		increase the actuarial accrued liability of the
971	952		retirement system affected by the bill, or
972	953		(3) increase the normal cost of the retirement sy stem
973	954		affected by the bill,
974	955		c. which authorizes the purchase by an active member of
975	956		the retirement system, at the actuarial cost for the
976	957		purchase as computed pursuant to the statute in effect
977	958		on the effective date of the measure allowing such
978		-	purchase, of years of service for purposes of reaching RBS No. 3732
	959	+	purchase, of years of service for purposes of reaching
	960	+	a normal retirement date in the applicable retirement RBS No. 3732
979	961
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982	963		2
983	964		3
984	965		4
985	966		5
986	967		6
987	968		7
988	969		8
989	970		9
990	971		10
991	972		11
992	973		12
993	974		13
994	975		14
995	976		15
996	977		16
997	978		17
998	979		18
999	980		19
1000	981		20
1001	982		21
1002	983		22
1003	984		23
1004	985		24
1005	986
1006		-	a normal retirement date in the applicable retirement
1007	987		system, but which cannot be used in order to compute
1008	988		the number of years of service for purposes of
1009	989		computing the retirement benefit for the member,
1010	990		d. which provides for the computation of a service -
1011	991		connected disability retirement benefit for members of
1012	992		the Oklahoma Law Enforcement Retirement System
1013	993		pursuant to Section 2 -305 of Title 47 of the Oklahoma
1014	994		Statutes if the members were unable to complete twenty
1015	995		(20) years of service as a result of the disability,
1016	996		e. which requires membership in the defined benefit plan
1017	997		authorized by Section 901 et seq. of Title 74 of the
1018	998		Oklahoma Statutes for persons whose first elec ted or
1019	999		appointed service occurs on or after November 1, 2018,
1020	1000		if such persons had any prior service in the Oklahoma
1021	1001		Public Employees Retirement System prior to November
1022	1002		1, 2015,
1023	1003		f. which provides for a one -time increase in retirement
1024	1004		benefits if the increase in retirement benefits is not
1025	1005		a permanent increase in the gross annual retirement
1026	1006		benefit payable to a member or beneficiary, occurs
1027	1007		only once pursuant to a single statutory authorization
1028		-	and does not exceed: RBS No. 3732
	1008	+	and does not exceed:
	1009	+	(1) the lesser of two percent (2%) of the gr oss
	1010	+	annual retirement benefit of the member or One RBS No. 3732
1029	1011
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1032	1013		2
1033	1014		3
1034	1015		4
1035	1016		5
1036	1017		6
1037	1018		7
1038	1019		8
1039	1020		9
1040	1021		10
1041	1022		11
1042	1023		12
1043	1024		13
1044	1025		14
1045	1026		15
1046	1027		16
1047	1028		17
1048	1029		18
1049	1030		19
1050	1031		20
1051	1032		21
1052	1033		22
1053	1034		23
1054	1035		24
1055	1036
1056		-	(1) the lesser of two percent (2%) of the gross
1057		-	annual retirement benefit of the member or One
1058	1037		Thousand Dollars ($1,000.00) and requires that
1059	1038		the benefit may only be provided if the funded
1060	1039		ratio of the affected retirement system would not
1061	1040		be less than sixty percent (60%) but not greater
1062	1041		than eighty percent (80%) after the benefit
1063	1042		increase is paid,
1064	1043		(2) the lesser of two percent (2%) of the gross
1065	1044		annual retirement benefit of the member or One
1066	1045		Thousand Two Hundred Dollars ($1,200.00) and
1067	1046		requires that the benefit may only be provided if
1068	1047		the funded ratio of the affected retirement
1069	1048		system would be greater t han eighty percent (80%)
1070	1049		but not greater than one hundred percent (100%)
1071	1050		after the benefit increase is paid,
1072	1051		(3) the lesser of two percent (2%) of the gross
1073	1052		annual retirement benefit of the member or One
1074	1053		Thousand Four Hundred Dollars ($1,400.00) and
1075	1054		requires that the benefit may only be provided if
1076	1055		the funded ratio of the affected retirement
1077	1056		system would be greater than one hundred percent
1078		-	(100%) after the benefit increase is paid, or RBS No. 3732
	1057	+	(100%) after the benefit increase is paid, or
	1058	+	(4) the greater of two percent (2%) of the gross
	1059	+	annual retirement benefi t of the volunteer
	1060	+	firefighter or One Hundred Dollars ($100.00) for RBS No. 3732
1079	1061
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1082	1063		2
1083	1064		3
1084	1065		4
1085	1066		5
1086	1067		6
1087	1068		7
1088	1069		8
1089	1070		9
1090	1071		10
1091	1072		11
1092	1073		12
1093	1074		13
1094	1075		14
1095	1076		15
1096	1077		16
1097	1078		17
1098	1079		18
1099	1080		19
1100	1081		20
1101	1082		21
1102	1083		22
1103	1084		23
1104	1085		24
1105	1086
1106		-	(4) the greater of two percent (2%) of the gross
1107		-	annual retirement benefit of the volunteer
1108		-	firefighter or One Hundred Dollars ($100.00) for
1109	1087		persons who retired from the Oklahoma
1110	1088		Firefighters Pension and Retirement System as
1111	1089		volunteer firefighters and who did not retire
1112	1090		from the Oklahoma Firefighters Pension and
1113	1091		Retirement System as a paid firefighter.
1114	1092		As used in this subparagraph, “funded ratio” means the
1115	1093		figure derived by dividing the actuarial value of
1116	1094		assets of the applicable retirement system by the
1117	1095		actuarial accrued liab ility of the applicable
1118	1096		retirement system,
1119	1097		g. which modifies the disability pension standard for
1120	1098		police officers who are members of the Oklahoma Police
1121	1099		Pension and Retirement System as provided by Section 3
1122	1100		of this act Section 50-115 of Title 11 of the Oklahoma
1123	1101		Statutes,
1124	1102		h. which provides a cost -of-living benefit increase
1125	1103		pursuant to the provisions of:
1126	1104		(1) Section 49-143.7 of Title 11 of the Oklahoma
1127	1105		Statutes,
1128	1106		(2) Section 50-136.9 of Title 11 of the Oklahoma
	1107	+	Statutes,
	1108	+	(3) Section 1104K of Title 20 of the Ok lahoma
1129	1109		Statutes, RBS No. 3732
1130	1110
1131		-	SENATE FLOOR VERSION - HB3807 SFLR Page 23
1132		-	(Bold face denotes Committee Amendments) 1
	1111	+	Req. No. 3732 Page 23 1
1133	1112		2
1134	1113		3
1135	1114		4
1136	1115		5
1137	1116		6
1138	1117		7
1139	1118		8
1140	1119		9
1141	1120		10
1142	1121		11
1143	1122		12
1144	1123		13
1145	1124		14
1146	1125		15
1147	1126		16
1148	1127		17
1149	1128		18
1150	1129		19
1151	1130		20
1152	1131		21
1153	1132		22
1154	1133		23
1155	1134		24
1156	1135
1157		-	(3) Section 1104K of Title 20 of the Oklahoma
1158		-	Statutes,
1159	1136		(4) Section 2-305.12 of Title 47 of the Oklahoma
1160	1137		Statutes,
1161	1138		(5) Section 17-116.22 of Title 70 of the Oklahoma
1162	1139		Statutes,
1163	1140		(6) Section 930.11 of Title 74 of the Oklahoma
1164	1141		Statutes, or
1165	1142		i. which modifies the computation of the line -of-duty
1166	1143		disability benefit pursuant to the provisions of this
1167	1144		act this section and Sections 50 -101 and 50-115 of
1168	1145		Title 11 of the Oklahoma Statutes, or
1169	1146		j. which authorizes membership in the Oklahoma Law
1170	1147		Enforcement Retirement System for active commissioned
1171	1148		or CLEET-certified agents of the Office of the
1172	1149		Attorney General or the Military Department of the
1173	1150		State of Oklahoma pursuant to Sections 3 and 4 of this
1174	1151		act.
1175	1152		A nonfiscal retirement bill shall include any retirement bill that
1176	1153		has as its sole purpose the appropriation or distribution or
1177	1154		redistribution of monies in some manner t o a retirement system for
1178	1155		purposes of reducing the unfunded liability of such system or the
1179		-	earmarking of a portion of the revenue from a tax to a retirement RBS No. 3732
	1156	+	earmarking of a portion of the revenue from a tax to a retirement
	1157	+	system or increasing the percentage of th e revenue earmarked from a
	1158	+	tax to a retirement system ; RBS No. 3732
1180	1159
1181		-	SENATE FLOOR VERSION - HB3807 SFLR Page 24
1182		-	(Bold face denotes Committee Amendments) 1
	1160	+	Req. No. 3732 Page 24 1
1183	1161		2
1184	1162		3
1185	1163		4
1186	1164		5
1187	1165		6
1188	1166		7
1189	1167		8
1190	1168		9
1191	1169		10
1192	1170		11
1193	1171		12
1194	1172		13
1195	1173		14
1196	1174		15
1197	1175		16
1198	1176		17
1199	1177		18
1200	1178		19
1201	1179		20
1202	1180		21
1203	1181		22
1204	1182		23
1205	1183		24
1206	1184
1207		-	system or increasing the percentage of the revenue earmarked from a
1208		-	tax to a retirement system;
1209	1185		6. “Reduction-in-cost amendment” means an amendment to a
1210	1186		retirement bill having a fiscal impact which reduces the cost of the
1211	1187		bill as such cost is determined by the actuarial investigation for
1212	1188		the bill prepared pursuant to Section 3109 of this title;
1213	1189		7. “Retirement bill” means any bill or joint resolution
1214	1190		introduced or any bill or joint resolution amended by a member of
1215	1191		the Oklahoma Legislature which creates or amends any law directly
1216	1192		affecting a retirement system. A retirement bill shall not mean a
1217	1193		bill or resolution that impacts the revenue of any state tax in
1218	1194		which a portion of the revenue generated from such tax is earmarked
1219	1195		for the benefit of a retirement system;
1220	1196		8. “Retirement bill having a fiscal impact ” means any
1221	1197		retirement bill creating or establi shing a retirement system and any
1222	1198		other retirement bill other than a nonfiscal retirement bill; and
1223	1199		9. “Retirement system” means the Teachers’ Retirement System of
1224	1200		Oklahoma, the Oklahoma Public Employees Retirement System, the
1225	1201		Uniform Retirement System for Justices and Judges, the Oklahoma
1226	1202		Firefighters Pension and Retirement System, the Oklahoma Police
1227	1203		Pension and Retirement System, the Oklahoma Law Enforcement
1228	1204		Retirement System, or a retirement system established after January
1229		-	1, 2006. RBS No. 3732
	1205	+	1, 2006.
	1206	+	SECTION 5. It being immediately necessary for the preservation
	1207	+	of the public peace, health or safety, an emergency is hereby RBS No. 3732
1230	1208
1231		-	SENATE FLOOR VERSION - HB3807 SFLR Page 25
1232		-	(Bold face denotes Committee Amendments) 1
	1209	+	Req. No. 3732 Page 25 1
1233	1210		2
1234	1211		3
1235	1212		4
1236	1213		5
1237	1214		6
1238	1215		7
1239	1216		8
1240	1217		9
1241	1218		10
1242	1219		11
1243	1220		12
1244	1221		13
1245	1222		14
1246	1223		15
1247	1224		16
1248	1225		17
1249	1226		18
1250	1227		19
1251	1228		20
1252	1229		21
1253	1230		22
1254	1231		23
1255	1232		24
1256	1233
1257		-	SECTION 5. It being immediately necessary for the preservation
1258		-	of the public peace, health or safety, an emergency is hereby
1259	1234		declared to exist, b y reason whereof this act shall take effect and
1260	1235		be in full force from and after its passage and approval.
1261		-	~~COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE~~
1262		-	~~April~~ 9, 2024 ~~- DO PASS AS AMENDED BY CS~~
	1236	+
	1237	+	59-2-3732 RD 4/9/2024 3:11:28 PM