RBS No. 3788
Req. No. 3788 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
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 1520 By: Pemberton and Stephens of
the Senate
and
Hays, Hilbert, Davis, and
Moore of the House
CONFERENCE COMMITTEE SUBSTITUT E
An Act relating to Teachers’ Retirement System of
Oklahoma; amending 70 O.S. 2021, Section 17 -116.10,
as amended by Section 9 of Enrolled House Bill No.
2528 of the 2nd Session of the 59th Oklahoma
Legislature, which relates to postretireme nt
employment; providing for increased earnings
limitations for certain retired members through
certain date; updating statutory l anguage; and
removing obsolete language .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 17 -116.10,
as amended by Section 9 of Enrolled House Bill No. 2528 of the 2nd
Session of the 59th Oklahoma Legislature, is amended to read as
follows:
Section 17-116.10. A. Subject to the requirements of Sect ion
6-101.2 of this title and any other applicable requirements of law,
a member may enter into postretirement employment with a public RBS No. 3788
Req. No. 3788 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
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 capacity, for sixty (60) calendar
days between the retiree’s last day of preretirement public
education employment and any postretirement public education
employment. For purpose s of this section, the term “last day of
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 or the member’s effective
retirement date, whichever is later. 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. For thirty-six (36) months following a member’s effective
retirement date, the retired member shall be subj ect to earnings
limitations on allowable earnings. Earnings limits are determined
annually based on a calendar year. For retired members under the
age of sixty-two (62) years of age, allowed earnings from the public
schools of Oklahoma for employment for the performance of duties
ordinarily performed by classified or nonclassified optional RBS No. 3788
Req. No. 3788 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
personnel shall be limited to one -half (1/2) of the member’s final
average salary used in computing retirement benefits or the earnings
limit allowed by the Social Secu rity Administration for those under
Social Security’s normal retirement age, whichever is less. For
retired members sixty -two (62) years of age or older, allowed
earnings from the public schools of Oklahoma for the performance of
duties ordinarily perform ed by classified or nonclassified personnel
shall be limited to Thirty Thousand Dollars ($30,000.00) or one -half
(1/2) of the member’s final average salary used in computing
retirement benefits, whichever is less. Notwithstanding the
earnings limits provi ded in this paragraph, for a period beginning
on the effective date of this act and ending December 31, 2027, a
retired member who ha s fulfilled the sixty-day break in employment
provided in paragraph 1 of this subsection and who return s or has
previously returned to work as an active classroom teacher in common
education or career tech school districts shall be subject to annual
earnings limitations of Fifty Thousand Dollars ($50,000.00) on
allowable earnings for the member’s reemployment period. For
purposes of this paragraph, the following shall apply:
a. earnings shall mean regular annual compensation as
defined in paragraph 23 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 RBS No. 3788
Req. No. 3788 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
retirement payments paid by a former public school
employer pursuant to subsection N of Section 17-105 of
this title or other state law shall not be considered
as earnings,
b. the earnings limit for th e 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, and
c. earnings in excess of the maximum l imit on allowed
earnings from public schools of Oklahoma shall result
in a loss of retirement benefits of One Dollar ($1.00)
for each One Dollar ($1.00) earned over the maximum
allowed earnings amount; and
3. Notwithstanding paragraph 2 of this subsection , 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 employed by any public schoo l during that one-year
period, shall be eligible to be reemployed as an active classroom
teacher in common or career tech scho ol districts, with no
limitations on earnings. For a period of three (3) years beginning
July 1, 2021, members who have retired a s of July 1, 2020, who have
been retired and receiving a benefit for at least one (1) year, and RBS No. 3788
Req. No. 3788 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
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 care er tech school districts, with no
limitations on earnings. The one -year period starts with the
retiree’s last day of preretir ement public education employment.
Members returning under this section shall not be subject to any
earnings limitations followin g 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 school
district to perform the duties o rdinarily performed by classified or
nonclassified optional personnel if the member is hired by the
school district in the mem ber’s individual capacity to perform the
duties or if the member performs the duties through employment with
a proprietorship, par tnership, corporation, limited liability
company 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 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 employment of
less than one thousand (1,000) hours per year with the Governor, the
Oklahoma State Senate, the Oklahoma House of Representatives or the RBS No. 3788
Req. No. 3788 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
Legislative Service Bureau shall not be considered as postretirement
employment 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 employment with
a participating employer of the Teachers’ Retirement Sys tem 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 the member’s monthly retirement benefit.
59-2-3788 RD 5/22/2024 11:13:08 AM