Oklahoma 2024 Regular Session

Oklahoma House Bill HB4051 Compare Versions

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334 BILL NO. 4051 By: May and Munson of the House
435
536 and
637
738 Rader of the Senate
8-
939
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1141
1242
1343 An Act relating to retirement; amending 62 O.S. 2021,
1444 Section 3103, as amended by Section 1, Chapter 306,
1545 O.S.L. 2022 (62 O.S. Supp. 2023, Section 3103), which
1646 relates to the Oklahoma Pension Legislation Actuarial
1747 Analysis Act; modifying definition; amending 11 O.S.
1848 2021, Section 49-138, which relates to the
1949 Firefighters Pension and Retirement System; providing
2050 for the purchase of military service credit; and
2151 providing effective dates.
2252
2353
2454
25-SUBJECT: Retirement
26-
2755 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
28-
2956 SECTION 1. AMENDATORY 62 O.S. 2021, Section 3103, as
3057 amended by Section 1, Chapter 306, O.S.L. 2022 (62 O.S. Su pp. 2023,
3158 Section 3103), is amended to read as follows:
32-
3359 Section 3103. As used in the Oklahoma Pension Legislation
3460 Actuarial Analysis Act:
35-
3661 1. "Amendment" means any amendment, including a substitute
3762 bill, made to a retirement bill by any committee of the H ouse or
3863 Senate, any conference committee of the House or Sena te or by the
3964 House or Senate;
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4192 2. "RB number" means that number preceded by the letters "RB"
4293 assigned to a retirement bill by the respective staffs of the
4394 Oklahoma State Senate and the Oklahoma H ouse of Representatives when
4495 the respective staff office prepares a retirement bill for a member
4596 of the Legislature;
46- RBH No. 10664
47-ENR. H. B. NO. 4051 Page 2
4897 3. "Legislative Actuary" means the firm or entity that enters
4998 into a contract with the Legislative Service Bureau pursuant to
5099 Section 452.15 of Title 74 of the Oklahoma Statutes to provide the
51100 actuarial services and other duties provided for in the Oklahoma
52101 Pension Legislation Actuarial Analysis Act;
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54102 4. "Nonfiscal amendment" means an amendment to a retirement
55103 bill having a fiscal impact, wh ich amendment does not change any
56104 factor of an actuarial investigation specified in subsection A of
57105 Section 3109 of this title;
58-
59106 5. "Nonfiscal retirement bill" means a retirement bill:
60-
61107 a. which does not affect the cost or funding factors of a
62108 retirement system,
63-
64109 b. which affects such factors only in a manner which do es
65110 not:
66-
67111 (1) grant a benefit increase under the retirement
68112 system affected by the bill,
69-
70113 (2) create an actuarial accrued liability for or
71114 increase the actuarial accrued liability of the
72115 retirement system affected by the bill, or
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74143 (3) increase the normal cost of the retirement system
75144 affected by the bill,
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77145 c. which authorizes the purchase by an active member of
78146 the retirement system, at the actuarial cost for the
79147 purchase as computed pursuant to the st atute in effect
80148 on the effective date of the measure allowing such
81149 purchase, of years of service for purposes of reaching
82150 a normal retirement date in the applicable retirement
83151 system, but which cannot be used in order to compute
84152 the number of years of serv ice for purposes of
85153 computing the retirement benefit for the member,
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87154 d. which provides for the computation of a service -
88155 connected disability retirement benefit for members of
89156 the Oklahoma Law Enforcement Retirement System
90157 pursuant to Section 2 -305 of Title 47 of the Oklahoma
91158 Statutes if the members were unable to co mplete twenty
92-(20) years of service as a result of the disability, RBH No. 10664
93-ENR. H. B. NO. 4051 Page 3
94-
159+(20) years of service as a result of the disability,
95160 e. which requires membership in the defined benefit plan
96161 authorized by Section 901 et seq. of Title 74 of the
97162 Oklahoma Statutes for persons whose first elected or
98163 appointed service occurs on or after November 1, 2018,
99164 if such persons had any prior service in the Oklahoma
100165 Public Employees Retirement System prior to November
101166 1, 2015,
102167
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103194 f. which provides for a one -time increase in retir ement
104195 benefits if the increase in retirement benefits is not
105196 a permanent increase in the gross annual retirement
106197 benefit payable to a member or beneficiary, occurs
107198 only once pursuant to a single statutory authorization
108199 and does not exceed:
109-
110200 (1) the lesser of two percent (2%) of the gross
111201 annual retirement benefit of the member or One
112202 Thousand Dollars ($1,000.00) and requires that
113203 the benefit may only be provided if the funded
114204 ratio of the affected retirement system would not
115205 be less than sixty percent (60%) but not greater
116206 than eighty percent (80%) after the benefit
117207 increase is paid,
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119208 (2) the lesser of two percent (2%) of the gross
120209 annual retirement benefit of the member or One
121210 Thousand Two Hundred Dollars ($1,200.00) and
122211 requires that the benefit may only be provided if
123212 the funded ratio of the affected retirement
124213 system would be greater than eighty percent (80%)
125214 but not greater than one hundred percent (100%)
126215 after the benefit increase is paid,
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128216 (3) the lesser of two percent (2%) of the gross
129217 annual retirement benefit of the member or One
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130245 Thousand Four Hundred Dollars ($ 1,400.00) and
131246 requires that the benefit may only be provided if
132247 the funded ratio of the affected retirement
133248 system would be greater than one hundred percent
134249 (100%) after the benefit increase is p aid, or
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136250 (4) the greater of two percent (2%) of the gross
137251 annual retirement benefit of the volunteer
138-firefighter or One Hundred Dollars ($100.00) for RBH No. 10664
139-ENR. H. B. NO. 4051 Page 4
252+firefighter or One Hundred Dollars ($100.00) for
140253 persons who retired from the Oklahoma
141254 Firefighters Pension and Retirement System as
142255 volunteer firefighters and who did not retire
143256 from the Oklahoma Firefighters Pension and
144257 Retirement System as a paid firefighter.
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146258 As used in this subparagraph, "funded ratio" means the
147259 figure derived by dividing the actuarial value of
148260 assets of the applicable retirement system b y the
149261 actuarial accrued liability of the applicable
150262 retirement system,
151-
152263 g. which modifies the disability pension standard for
153264 police officers who are members of the Oklahoma Police
154-Pension and Retirement System as provided by Section
155-3 of this act 50-115 of Title 11 of the Oklahoma
265+Pension and Retirement System as provided by Section 3
266+of this act 50-115 of Title 11 of the Oklahoma
156267 Statutes,
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158295 h. which provides a cost -of-living benefit increase
159296 pursuant to the provisions of:
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161297 (1) Section 49-143.7 of Title 11 of the Oklahoma
162298 Statutes,
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164299 (2) Section 50-136.9 of Title 11 of the Oklahoma
165300 Statutes,
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167301 (3) Section 1104K of Title 20 of the Oklahoma
168302 Statutes,
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170303 (4) Section 2-305.12 of Title 47 of the Oklahoma
171304 Statutes,
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173305 (5) Section 17-116.22 of Title 70 of the Oklahoma
174306 Statutes,
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176307 (6) Section 930.11 of Title 74 of the Oklahoma
177308 Statutes, or
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179309 i. which modifies the computation of the line-of-duty
180310 disability benefit pursuant to the provisions of this
181311 act Sections 50-101 and 50-115 of Title 11 of the
182312 Oklahoma Statutes, or
183- RBH No. 10664
184-ENR. H. B. NO. 4051 Page 5
185313 j. which allows the purchase of military prior service
186314 credit pursuant to the provisions of this act .
187-
188315 A nonfiscal retirement bill shall include any retirement bill that
189316 has as its sole purpose the appropriation or distribution or
190317 redistribution of monies in some manner to a retirement system for
191318 purposes of reducing the unfunded liability of such system or the
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192346 earmarking of a portion of the revenue from a tax to a retirement
193347 system or increasing the percentage of the revenue earmarked from a
194348 tax to a retirement system;
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196349 6. "Reduction-in-cost amendment" means an amendment to a
197350 retirement bill having a fiscal impact which reduces the cost of the
198351 bill as such cost is determined by the actuarial investigation for
199352 the bill prepared pursuant to Section 3109 of this title;
200-
201353 7. "Retirement bill" means any bill or joint resolution
202354 introduced or any bill or joint resolution amended by a member of
203355 the Oklahoma Legislature which creates or ame nds any law directly
204356 affecting a retirement system. A retirement bill shall not mean a
205357 bill or resolution that impacts the revenue of any state tax in
206358 which a portion of the revenue generated fr om such tax is earmarked
207359 for the benefit of a retirement system;
208-
209360 8. "Retirement bill having a fiscal impact" means any
210361 retirement bill creating or establishing a retirement system and any
211362 other retirement bill other than a nonfiscal retirement bill; and
212-
213363 9. "Retirement system" means the Teachers' Retirement System of
214364 Oklahoma, the Oklahoma Public Employees Retirement System, the
215365 Uniform Retirement System for Justices and Judges, the Oklahoma
216366 Firefighters Pension and Retirement System, the Oklahoma Police
217367 Pension and Retirement System, the Oklahoma Law Enforcement
218368 Retirement System, or a retirement system established after January
219369 1, 2006.
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221397 SECTION 2. AMENDATORY 11 O.S. 2021, Section 49 -138, is
222398 amended to read as follows:
223-
224399 Section 49-138. A. Any member of a regularly constituted fire
225400 department of any municipality who is now serving or may hereafter
226401 serve in the Armed Forces of the United States whether such service
227402 is voluntary or involuntary, who shall have been a member of such
228403 fire department at the time of entering such service, shall be
229-entitled to have the whole of the time of such service applied under RBH No. 10664
230-ENR. H. B. NO. 4051 Page 6
404+entitled to have the whole of the time of such service applied under
231405 the provisions of Section 49 -106 of this title, so far as the same
232406 applies to a service pension; provided further, that the
233407 municipality shall continue its payment into said pension fund, to
234408 the same force and effect as though the member were in the actual
235409 service of such fire department; provided, that any person who is
236410 eligible for such service but who shall have volunteered fo r
237411 military or naval service for a period not to exceed five (5) years
238412 shall likewise be entitled to all of the benefits of Sections 49 -138
239413 through 49-142 of this title for the full period of such service or
240414 enlistment; provided further, that only one such period of voluntary
241415 service shall be considered hereunder. I f such person shall
242416 reenlist, unless required to do so by law, such person shall not
243417 thereafter be entitled to the provisions of this subsection. The
244418 provisions of this subsection shall not appl y where any such person
245419 dies during the period of said service or enlistment, and shall not
246420 entitle the surviving spouse or children to any benefits, and shall
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247448 not apply to any member who shall have served on active duty
248449 (including initial active duty) for training purposes only and/or
249450 inactive duty training.
250-
251451 B. Effective February 1, 1997, credited service received
252452 pursuant to this section or credited service for wartime military
253453 service received as otherwise provided by law shall be used in
254454 determining the member's retirement benefit but shall not be used in
255455 determining years of service for retirement, vesting purposes or
256456 eligibility for participation in the Oklahoma Firefighters Deferred
257457 Option Plan. For a member of the System hired on or after July 1,
258458 2003, if the military service credit authorized by this sectio n is
259459 used to compute the retirement benefit of the member and the member
260460 retires from the System, such military service credit shall not be
261461 used to compute the retirement benefit in any other ret irement
262462 system created pursuant to the Oklahoma Statutes and the member may
263463 receive credit for such service only in the retirement system from
264464 which the member first retires.
265-
266465 C. A member who retires or elects to participate in the
267466 Oklahoma Firefighters De ferred Option Plan on or after July 1, 1998,
268467 shall be entitled to prior service credit, not to exceed five (5)
269468 years, for those periods of military service on active duty prior to
270469 membership in the Oklahoma Firefighters Pension and Retirement
271470 System.
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273498 For purposes of this subsection, "military service" means
274-service in the Armed Forces of the United States by honorably RBH No. 10664
275-ENR. H. B. NO. 4051 Page 7
499+service in the Armed Forces of the United States by honorably
276500 discharged persons during the following time periods, as reflected
277501 on such person's Defense Department Form 214, as follows:
278-
279502 1. During the following periods, including the beginning and
280503 ending dates, and only for the periods served, from:
281-
282504 a. April 6, 1917, to November 11, 1918, commonly referred
283505 to as World War I,
284-
285506 b. September 16, 1940, to December 7, 1941, for members
286507 of the 45th Division,
287-
288508 c. December 7, 1941, to December 31, 1946, commonly
289509 referred to as World War II,
290-
291510 d. June 27, 1950, to January 31, 1955, commonly referred
292511 to as the Korean Conflict or the Korean War,
293-
294512 e. February 28, 1961, to May 7, 1975, commonly referred
295513 to as the Vietnam era, except that:
296-
297514 (1) for the period from February 28, 1961, t o August
298515 4, 1964, military service shall only include
299516 service in the Republic of Vietnam during that
300517 period, and
301-
302518 (2) for purposes of determining eligibility for
303519 education and training benefits, s uch period
304520 shall end on December 31, 1976, or
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305547
306548 f. August 1, 1990, to December 31, 1991, commonly
307549 referred to as the Gulf War, the Persian Gulf War, or
308550 Operation Desert Storm, but excluding any person who
309551 served on active duty for training only, unless
310552 discharged from such active duty for a service -
311553 connected disability;
312-
313554 2. During a period of war or combat military operation other
314555 than a conflict, war or era listed in paragraph 1 of this
315556 subsection, beginning on the date of Congressional authorization,
316557 Congressional resolution, or Executive Order of the President of the
317558 United States, for the use of the Armed Forces of the United States
318559 in a war or combat military operation, if such war or combat
319560 military operation lasted for a period of ninety (90) days or mo re,
320-for a person who served, and only for the period served, in the area RBH No. 10664
321-ENR. H. B. NO. 4051 Page 8
561+for a person who served, and only for the period served, in the area
322562 of responsibility of the war or combat military operation, but
323563 excluding a person who served on active duty for training only,
324564 unless discharged from such active duty for a service -connected
325565 disability, and provided that the burden of proof of military
326566 service during this period shall be with the member, who must
327567 present appropriate documentation establishing such service.
568+D. An eligible member pursuant to subsection C D of this
569+section shall include only those persons who shall have served
570+during the times or in the areas prescribed in subsection C D of
571+this section, and only if such person provides appropriate
328572
329-D. An eligible member pursuant to subsection C of this section
330-shall include only those persons who s hall have served during the
331-times or in the areas prescribed in subsection C of this section,
332-and only if such person provides appropriate documentation in such
333-time and manner as required by the System to establish such military
334-service prescribed in th is section, or for service pursuant to
335-division (1) of subparagraph e of paragraph 1 of subsection C of
336-this section, those per sons who were awarded service medals, as
337-authorized by the United States Department of Defense as reflected
338-in the veteran's Defense Department Form 214, related to the Vietnam
339-Conflict for service prior to Augus t 5, 1964. The provisions of
340-subsection C of this section shall include military retir ees, whose
341-retirement was based only on active service, that have been rated as
342-having twenty percent (20%) or greater servi ce-connected disability
343-by the Veterans Administration or the Armed Forces of the Unite d
344-States. The provisions of subsection C of this section shall not
345-apply to any person who shall have served on active duty for
346-training purposes only unless discharg ed from active duty for a
347-service-connected disability.
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599+documentation in such time and manner as required by the System to
600+establish such military service prescribed in this section, or for
601+service pursuant to division (1) of subparagraph e of paragraph 1 of
602+subsection C D of this section, those persons who were awarded
603+service medals, as authorized by the United States Department of
604+Defense as reflected in the veteran's Defense Department For m 214,
605+related to the Vietnam Conflict for service prior to August 5, 1964.
606+The provisions of subsection C D of this section shall include
607+military retirees, whose retirement was based only on a ctive
608+service, that have been rated as having twenty percent (20%) or
609+greater service-connected disability by the Veterans Administration
610+or the Armed Forces of the United States. The provisions of
611+subsection C D of this section shall not apply to any per son who
612+shall have served on active duty for training purpose s only unless
613+discharged from active duty for a service -connected disability.
349614 E. A member of the System who served in the Armed Forces of the
350615 United States, or any component thereof, who was hon orably
351616 discharged from full -time active military service prior to becoming
352617 a member of the System and whose full -time active duty military
353618 service does not otherwise meet the qualifications for prior service
354619 credit pursuant to subsections B through D of th is section may
355620 purchase up to five (5) years of full -time active duty military
356621 prior service credit at the actuarial cost of service credit as
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357649 determined by the Oklahoma Firefighters Pension and Retirement
358650 System Board, pursuant to Section 49-117.3 of this title.
359-
360651 The service credit provided by this subsection shall be
361652 administered pursuant to subsections B through D of this section,
362-including, but not limited to, only full -time active duty military
363-service not for training-only purposes, unless discharged from
653+including but not limited to, only full -time active duty military
654+service not for training only purposes, unless discharged fr om
364655 active duty for a service -connected disability, as reflect ed on the
365-member's Defense Department Form 214, shall be considered for prior
366-service credit, and such prior service credit shall only be used in RBH No. 10664
367-ENR. H. B. NO. 4051 Page 9
656+members Defense Department Form 214, shall be considered for prior
657+service credit and such prior service credit shall only be used in
368658 determining the member 's retirement benefit but sha ll not be used in
369-determining years of service for retirement, vesting purposes , or
659+determining years of service for retirement, vesting purposes or
370660 eligibility for participation in the Oklahoma Firefighters Deferred
371661 Option Plan.
372-
373662 F. Notwithstanding any provision herein to the contrary:
374-
375663 1. Contributions, benefits and se rvice credit with respect to
376664 qualified military service shall be provided in accordance with
377665 Section 414(u) of the Internal Revenue Code of 1986, as amended,
378666 which is in accordance with the Uniformed Services Employment and
379667 Reemployment Rights Act of 1994, as amended (USERRA); and
380-
381668 2. Effective January 1, 2007, if any member dies while
382669 performing qualified military service (as defined in Section 414(u)
383670 of the Internal Revenue Code of 1986, as amended), the survivors of
384671 the member are entitled to any additio nal benefits (other than
385672 benefits accruals relating to the pe riod of qualified military
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386700 service) provided under the System had the member resumed and then
387701 terminated employment on account of death.
388-
389702 F. G. Members or beneficiaries shall make application to the
390703 System for credited service related to wartime military service.
391704 Interest on additional benefits related to wartime military service
392705 owed by the System to a retired member or beneficiary as provided by
393706 law shall cease accruing one (1) year after the e ffective date the
394707 additional benefits are payable by the Syst em or July 1, 2000,
395708 whichever is later, if the member has not applied to the System for
396709 credited service related to such wartime military service.
397-
398710 SECTION 3. Section 1 of this act shall become effective October
399711 1, 2024.
400-
401712 SECTION 4. Section 2 of this act shall become effective
402713 November 1, 2024.
403- RBH No. 10664
404-ENR. H. B. NO. 4051 Page 10
405-Passed the House of Represent atives the 13th day of March, 2024.
406-
407-
408-
409-
410- Presiding Officer of the House
411- of Representatives
412-
413-
414-
415-Passed the Senate the 25th day of April, 2024.
416-
417-
418-
419-
420- Presiding Officer of the Senate
421-
422-
423-OFFICE OF THE GOVERNOR
424-Received by the Office of the Governor this ____________________
425-day of ___________________, 20_______, at _______ o'clock _______ M.
426-By: _________________________________
427-Approved by the Governor of the State of Oklahoma this _____ ____
428-day of ___________________, 20_______, at _______ o'clock _______ M.
429-
430-
431- _________________________________
432- Governor of the State of Oklahoma
433-
434-OFFICE OF THE SECRETARY OF STATE
435-Received by the Office of the Secretary of State this __________
436-day of ___________________, 20_______, at _______ o'clock _______ M.
437-By: _________________________________
438-
439-THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
440-2512 E. 71
441-st
442-Street , Suite D ∙ Tulsa, Oklahoma 74136
443-(918) 492-9658 ∙ (918) 492- 9659
444-
445-
446-
447-
448-
449-March 7, 2024
450-
451-
452-
453-Representative May
454-Room 300.3
455-
456-
457-Re: Floor Substitute for House Bill No. 4051 RBH No. 10664
458-
459-
460-Floor Substitute for House Bill No. 4051 would allow a Oklahoma
461-Firefighter Pension and Retirement System participant to purchase up
462-to 5 years of military service.
463-
464-The bill also amends OPLAAA defining the change above as a non
465-fiscal bill.
466-
467-Floor Substitute for House Bill No. 4051 is a non fiscal bill as
468-defined by OPLAAA.
469-
470-
471-I am a member of the American Academy of Actuaries and meet the
472-Qualification Standards of the American Academy of Actuaries to
473-render the actuarial opinion herein.
474-
475-
476-Thomas E. Cummins
477-
478-Thomas E. Cummins, MAAA
479-
480-
714+COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE
715+April 9, 2024 - DO PASS