RBH No. 10979
ENGR. H. A. to ENGR. S. B. NO. 1520 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 1520 By: Pemberton and Stephens of
the Senate
and
Hays of the House
An Act relating to the Teachers’ Retirement System of
Oklahoma; amending 70 O.S. 2021, Section 17 -116.10,
which relates to postretirement employment; modifying
earnings limitation for certain retirees returning to
work in a public school; providing an effective date;
and declaring an emergency.
AUTHORS: Add the following House Coauthor s: Hilbert and Davis
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to the public retirement systems;
amending 70 O.S. 2021, Section 17-116.10, which
relates to postretirement employment; modifying
earnings limitation for certain retirees returning to
work in a public school; modifying postretirement
earning limitation for certain time period ; providing
an effective date; and declaring an emergency.
RBH No. 10979
ENGR. H. A. to ENGR. S. B. NO. 1520 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 17-116.10,
is amended to read as follows:
Section 17-116.10 A. Subject to the requirements of Section 6 -
101.2 of this title and any other applicable requ irements of law, a
member of the Teachers’ Retirement System of Oklahoma may enter into
postretirement employment with a public school of Okla homa and still
receive monthly retirement be nefits subject to the following
limitations:
1. A retired member is n ot eligible to be employed by the
public schools of Ok lahoma, in any capacity, for sixty (60) calendar
days between the retiree ’s last day of preretirement public
education employment and any postretirement public education
employment. For purposes of thi s section, the term “last day of
preretirement employm ent” shall mean the last day the employee is
required to be physically present on the jo b to complete the terms
of the employment co ntract or agreement. An employee on paid leave
is still considered to be employed for purposes of this section.
Employment under any conditions during this time, volunteer services
for the purpose of obtaining a paid position at a later date, or
payment at a later time for services performed during this time
period shall cause the forfeiture of all retirement benefits
received during the period; RBH No. 10979
ENGR. H. A. to ENGR. S. B. NO. 1520 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Unless otherwise provided in this paragraph or in paragraph
3 of this subsection, earnings from the public schools may not
exceed one-half (1/2) of the member ’s final average salary used in
computing retirement benefits, or the Earnings Limitation earnings
limitation for employees allowed by the Social Security
Administration, whichever is less. For Until July 1, 2027, for
retired members having attained the age of fifty -five (55) years but
less than fifty-nine and one-half (59 1/2) years, the limit on
allowed earnings from the public schools of Oklahoma for employmen t
for the performance of duties ordinarily p erformed by classified or
nonclassified personnel s hall be the lesser of Thirty Thousand
Dollars ($30,000.00) or one -half (1/2) of the member’s final average
salary used in computing retirement benefits unless th e earnings
limitation allowed by the Social Security Administration would be
greater than Thirty Thousand Dollars ($30,000.00). Until July 1,
2027, for retired members having attained the age of fifty-nine and
one-half (59 1/2) years or older, there shall be no limit on allowed
earnings from the public schools of Oklahoma for the performance of
duties ordinarily performed by classified or nonclassified
personnel. Effective July 1, 2027, for retired members under the
age of sixty-two (62) years, the limit on allowed earnings from the
public schools of Oklahoma f or employment for the performance of
duties ordinarily performed by classified or nonclassified personnel
shall be the lesser of Fifteen Thousand Dollars ($15,000.00) or one - RBH No. 10979
ENGR. H. A. to ENGR. S. B. NO. 1520 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
half (1/2) of the member ’s final average salary used in computing
retirement benefits unless the earnings limitation allowed by th e
Social Security Administration would be greater than Fifteen
Thousand Dollars ($15,000.00). For Effective July 1, 2027, for
retired members sixty -two (62) years of age or older the limit on
allowed earnings from the public schools of Oklahoma for the
performance of duties ordinarily performed by classified or
nonclassified personnel shall be the lesser of Thirty Thousand
Dollars ($30,000.00) or one -half (1/2) of the member ’s final average
salary used in computing retirement benefits.
For purposes of this paragrap h, the following shall apply:
a. earnings shall mean “regular annual compensation” as
defined in paragraph (25) of Section 17 -101 of this
title, and shall include any payment by a public
school for services rendered by a retired member who
is employed for any purpose whatsoever. Supplemental
retirement payments paid by a former public school
employer pursuant to subsection 9 of Section 17 -105 of
this title or other state law shall not be considered
as earnings,
b. the Earnings Limitation earnings limitation for
employees allowed by the Social Security
Administration to workers between the age of sixty -two RBH No. 10979
ENGR. H. A. to ENGR. S. B. NO. 1520 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(62) years and sixty -five (65) years shall apply to
retired members below the age of sixty -two (62) years,
c. the limit on allowed earnings from the publi c schools
shall be automatically adjusted effective th e first
day of January of each year to reflect the current
Earnings Limitation earnings limitation for employees
as determined from time to time by the Social Security
Administration,
d. the earnings limit for the calendar year in which a
member retires shall be one-twelfth (1/12) of the
annual limit multiplied by the number of months the
member is eligible to work and receive payments from
the public schools of Oklahoma,
e. earnings in excess of the max imum limit on allowed
earnings from public schools of Oklahoma shall result
in a loss of future retirement benefits for the year
the postretirement employment was performed of One
Dollar ($1.00) for each One Doll ar ($1.00) earned over
the maximum allowed e arnings amount, and
f. for those members age seventy ( 70) years and over, the
earnings in excess of the maximum limit allowed
earnings from public schools of Oklahoma shall be one -
half (1/2) the member’s final average salary used in
computing retirement be nefits. However, any retired RBH No. 10979
ENGR. H. A. to ENGR. S. B. NO. 1520 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
member receiving benefit s from the Retirement System
who reached age seventy (70) years prior to July 1,
1991, shall not be restricted by the earnings limit s
pursuant to this subpara graph until January 1, 1994.
To qualify for the provisions of this subparagraph,
the member must be employed less than one-half (1/2)
the time compared to other full -time employees in
similar positions;
3. Notwithstanding paragraph 2 of this subsection, a retired
classified or nonclassified member who has been retired for thirty-
six (36) or more mont hs and who is employed by a public school to
perform duties ordinarily performed by clas sified or nonclassified
personnel shall be a ble to receive annualized earnings from the
public school with no redu ction in retirement benefits regardless of
the amount of annualized earnings. For a period of three (3) years
beginning July 1, 2017, members who have retired as of July 1, 2017,
as active classroom teachers, who have been retired and receiving a
benefit for at least one (1) year, and who have not been emplo yed by
any public school during that one -year period, shall be eligible to
be reemployed as an active classroom teacher in common or career
tech school districts, with no limitations on earnings. For a
period of three (3) years beginning July 1, 2021, mem bers who have
retired as of July 1, 2020, who have been retired and receiving a
benefit for at least one (1) year, and who have not been e mployed by RBH No. 10979
ENGR. H. A. to ENGR. S. B. NO. 1520 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
any public school during that one -year period, shall be eligible to
be reemployed as an active classroom te acher in common or career
tech school districts, with no limitations on earnings. The o ne-
year period starts with the retiree ’s last day of preretirement
public education employment. Members returning under this section
shall not be subject to any earning limitations earnings limitation
following the end of the three -year periods described in this
paragraph. Members returning under this s ection shall only be
employed pursuant to a temporary contract; and
4. A member shall be considered to be employed by a school
district to perform the duties ordinarily performed by classified or
nonclassified personnel if the member is hired by the school
district in the member’s individual capacity to perform the du ties
or if the member performs the duties through empl oyment with a
proprietorship, partnership, corporation, limited liability company
or partnership, or any other business structure that has agreed or
contracted to provide the services to the school dist rict.
B. A public school district that employs a reti red member shall
be required to make contributions to the System for the retired
member in an amount as required in Section 17 -108.1 and in paragraph
3 of subsection B of Section 17 -116.2 of this title.
C. For purposes of this section, postretirement empl oyment of
less than one thousand (1,000) hours per year with the Governor, the
State Senate, the House of Representatives or the Legislati ve RBH No. 10979
ENGR. H. A. to ENGR. S. B. NO. 1520 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Service Bureau shall not be considered as postretirement empl oyment
with a public school of Oklahoma.
D. The Board of Trustees of the Teachers’ Retirement System of
Oklahoma shall promulgate such rules as are necessary to implement
the provisions of this section.
E. A member who has entered into postretirement emp loyment with
a participating employer of the Teachers ’ Retirement System of
Oklahoma must fully comply with all the provisions of the rules
promulgated by the Board of Trustees pursuant to thi s section in
order to continue receiving his or her monthly reti rement benefit.
SECTION 2. This act shall become effective July 1, 2024.
SECTION 3. It being immediately nec essary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by re ason whereof this act shall take effect and
be in full force from and after its passage and approval."
RBH No. 10979
ENGR. H. A. to ENGR. S. B. NO. 1520 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Passed the House of Representatives the 25th day of April, 2024.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2024.
Presiding Officer of the Senate RBS No. 2448
ENGR. S. B. NO. 1520 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED SENATE
BILL NO. 1520 By: Pemberton and Stephens of
the Senate
and
Hays of the House
An Act relating to the Teachers’ Retirement System of
Oklahoma; amending 70 O.S. 2021, Section 17 -116.10,
which relates to postretirement employ ment; modifying
earnings limitation for certain retirees returning to
work in a public school; providing an effective date;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 4. AMENDATORY 70 O.S. 2021, Section 17-116.10,
is amended to read as follows:
Section 17-116.10. A. Subject to the requirements of Section
6-101.2 of this title and any other applicable requirements of law,
a member of the Teachers’ Retirement System of Oklahoma may enter
into postretirement employment with a public school of Oklahoma and
still receive monthly retirement benefits subject to the following
limitations:
1. A retired member is not eligible to be employed by the
public schools of Oklahoma, in any capacit y, for sixty (60) calendar
days between the retiree ’s last day of preretirement public
education employment and any postretirement public education
employment. For purposes of this section, the term “last day of RBS No. 2448
ENGR. S. B. NO. 1520 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
preretirement employment ” shall mean the last day the employee is
required to be physically present on the job to complete the terms
of the employment contract or agreement. An employee on paid leave
is still considered to be employed for purposes of this section.
Employment under any conditions during this time, volunteer services
for the purpose of obtaining a paid position at a later date, or
payment at a later time for services performed during this time
period shall cause the forfeiture of all retirement benefits
received during the period;
2. Unless otherwise provided in paragraph 3 of this subsection,
earnings from the public schools may not exceed one -half (1/2) of
the member’s final average salary used in computing retirement
benefits, or the Earnings Limitation earnings limitation for
employees allowed by the Social Security Administration, whichever
is less. For retired members under the age of sixty -two (62) years,
the limit on allowed earnings from the public schools of Oklahoma
for employment for the performance of duties ordinarily performed by
classified or nonclassified personnel shall be the lesser of Fifteen
Thousand Dollars ($15,000.00) or one -half (1/2) of the member ’s
final average salary used in computing retirement benefits unless
the earnings limitation allowed by the Socia l Security
Administration would be greater than Fifteen Thousand Dollars
($15,000.00). For retired members sixty -two (62) years of age or
older the limit on allowed earnings from the public schools of RBS No. 2448
ENGR. S. B. NO. 1520 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Oklahoma for the performance of duties ordinarily perf ormed by
classified or nonclassified personnel shall be the lesser of Thirty
Thousand Dollars ($30,000.00) or one -half (1/2) of the member ’s
final average salary used in computing retirement benefits. On and
after the effective date of this act, for retir ed members under the
age of sixty-two (62) years, the limit on allowed earnings from the
public schools of Oklahoma for employment for the performance of
duties ordinarily performed by classified or nonclassified personnel
shall be the lesser of Thirty Tho usand Dollars ($30,000.00) or one -
half (1/2) of the member ’s final average salary used in computing
retirement benefits unless the earnings limitation allowed by the
Social Security Administration would be greater than Thirty Thousand
Dollars ($30,000.00). On and after the effective date of this act,
for retired members sixty -two (62) years of age or older , the limit
on allowed earnings from the public schools of Oklahoma for the
performance of duties ordinarily performed by classified or
nonclassified personnel shall be the lesser of Fifty -five Thousand
Dollars ($55,000.00) or one -half (1/2) of the member ’s final average
salary used in computing retirem ent benefits. For purposes of this
paragraph, the following shall apply:
a. earnings shall mean “regular annual compensation” as
defined in paragraph (25) of Section 17 -101 of this
title, and shall include any payment by a public
school for services rendered by a retired member who RBS No. 2448
ENGR. S. B. NO. 1520 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
is employed for any purpose whatsoever. Supplemental
retirement payments pai d by a former public school
employer pursuant to subsection 9 of Section 17 -105 of
this title or other state law shall not be considered
as earnings,
b. the Earnings Limitation earnings limitation for
employees allowed by the Social Security
Administration to workers between the age of sixty -two
(62) years and sixty -five (65) years shall apply to
retired members below the age of sixty -two (62) years,
c. the limit on allowed earnings from the public schools
shall be automatically adjusted effective the first
day of January of each year to reflect the current
Earnings Limitation earnings limitation for employees
as determined from time to time by the Social Security
Administration,
d. the earnings limit for the calendar year in which a
member retires shall be one-twelfth (1/12) of the
annual limit multiplied by the number of months the
member is eligible to work and receive payments from
the public schools of Oklahoma,
e. earnings in excess of the maximum limit on allowed
earnings from public schools of Oklahom a shall result
in a loss of future retirement benefits for the year RBS No. 2448
ENGR. S. B. NO. 1520 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the postretirement employment was performed of One
Dollar ($1.00) for each One Doll ar ($1.00) earned over
the maximum allowed earnings amount, and
f. for those members age seventy (70) yea rs and over, the
earnings in excess of the maximum limit allowed
earnings from public schools of Oklahoma shall be one -
half (1/2) the member ’s final average salary used in
computing retirement benefits. However, any retired
member receiving benefits from the Retirement System
who reached age seventy (70) years prior to July 1,
1991, shall not be restricted by the earnings limits
pursuant to this subpara graph until January 1, 1994.
To qualify for the provisions of this subparagraph,
the member must be empl oyed less than one-half (1/2)
the time compared to other full -time employees in
similar positions;
3. Notwithstanding paragraph 2 of this subsection, a retired
classified or nonclassified member who has been retired for thirty -
six (36) or more months and who is employed by a public school to
perform duties ordinarily performed by classified or nonclassified
personnel shall be able to receive annualized earnings from the
public school with no reduction in retirement benefits regardless of
the amount of annualized earnings. For a period of three (3) years
beginning July 1, 2017, members who have retired as of July 1, 2017, RBS No. 2448
ENGR. S. B. NO. 1520 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
as active classroom teachers, who have been retired and receiving a
benefit for at least one (1) year, and who have not been employed by
any public school during that one -year period, shall be eligible to
be reemployed as an active classroom teacher in common or career
tech school districts, with no limitations on earnings. For a
period of three (3) years beginning July 1, 2021, members wh o have
retired as of July 1, 2020, who have been retired and receiving a
benefit for at least one (1) year, and who have not been employed by
any public school during that one -year period, shall be eligible to
be reemployed as an active classroom teacher i n common or career
tech school districts, with no limitations on earnings. The one -
year period starts with the retiree ’s last day of preretirement
public education employment. Members returning under this section
shall not be subject to any earning limitations earnings limitation
following the end of the three -year periods described in this
paragraph. Members returning under this section shall only be
employed pursuant to a temporary contract; and
4. A member shall be considered to be employed by a scho ol
district to perform the duties ordinarily performed by classified or
nonclassified personnel if the member is hired by the school
district in the member’s individual capacity to perform the duties
or if the member performs the duties through employment with a
proprietorship, partnership, corporation, limited liability company RBS No. 2448
ENGR. S. B. NO. 1520 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
or partnership, or any other business structure that has agreed or
contracted to provide the services to the school district.
B. A public school district that employs a retired mem ber shall
be required to make contributions to the System for the retired
member in an amount as required in Section 17 -108.1 and in paragraph
3 of subsection B of Section 17 -116.2 of this title.
C. For purposes of this section, postretirement employment of
less than one thousand (1,000) hours per year with the Governor, the
State Senate, the House of Representatives or the Legislative
Service Bureau shall not be considered as postretirement employment
with a public school of Oklahoma.
D. The Board of Tru stees of the Teachers’ Retirement System of
Oklahoma shall promulgate such rules as are necessary to implement
the provisions of this section.
E. A member who has entered into postretirement employment with
a participating employer of the Teachers ’ Retirement System of
Oklahoma must fully comply with all the provisions of the rules
promulgated by the Board of Trustees pursuant to this section in
order to continue receiving his or her monthly retirement benefit.
SECTION 5. This act shall be come effective July 1, 2024.
SECTION 6. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval. RBS No. 2448
ENGR. S. B. NO. 1520 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Passed the Senate the 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives