RBS No. 2756
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ENGROSSED SENATE
BILL NO. 1524 By: Green of the Senate
and
Sterling of the House
An Act relating to the Oklahoma Firefighter s Pension
and Retirement System; amending 11 O.S. 2021, Section
49-135, as amended by Section 8, Chapter 232, O.S.L.
2022 (11 O.S. Supp. 2023, Section 49 -135), which
relates to membership benefits and requirements;
establishing provisions for return to service by
certain members; providing for cessation of certain
benefits during certain paid service; prohibiting
certain disabled members from returning to service;
defining term; updating statutory language and
reference; prohibiting further accrual of service ;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 49 -135, as
amended by Section 8, Chapter 232, O.S.L. 2022 (11 O.S. Supp. 2023,
Section 49-135), is amended to read as follows:
Section 49-135. A. No person shall be employed in a fire
department who has reached the age of forty-five (45) years, unless
it appears he or she shall become eligible for retirement at the age
of sixty-five (65) years or unless he or she be retired from a
municipal fire department in the State of Oklahoma this state. This
section shall not apply to professional engineers, or to persons
employed as technical specialists on a temporary basis. The State RBS No. 2756
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Oklahoma Firefighters Pension and Retirement Board shall be
authorized to establish the maximum age, within the limits herein
prescribed, over which an applicant may not be considered for
initial employment, but no person shall be prohibited from making
application for reemployment and having such reemploym ent
application considered merely because of his or her age, provided
that such person be under the age of forty -five (45) years, and
provided further, that such reemployment shall be with the consent
of the fire chief of such municipality.
B. On or after the effective date of this act November 1, 2015,
a person who performs volunteer ser vices as a firefighter, who has
attained the age of forty -five (45) or more years as of the first
date such volunteer services are performed, for a municipality or a
county shall not be eligible to be a member of the Oklahoma
Firefighters Pension and Retir ement System for any purpose, shall
not be eligible for any benefit payable by the System and shall not
receive any form of service credit from the System resulting from
such volunteer services. The person responsible for decisions
regarding the performan ce of firefighting services having
jurisdiction, which in the absence of any other requirement to the
contrary shall be the Fire Chief fire chief, shall make the final
determination on applicants for positions that would involve the
performance of voluntee r firefighting services if the applicant is
over the age of forty -five (45) years based on local rules, RBS No. 2756
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regulations, ordinances, guidelines and standard operating
procedures.
C. Notwithstanding the requirements of subsections C and H of
Section 49-106.1 of this title to terminate employment with all
participating municipalities as a firefighter, a person retired,
paid firefighter receiving an accrued retirement benefit pur suant to
Section 49-106 of this title may perform volunteer firefighting
services for a volunteer department pursuant to subsection B of this
section and continue to receive the member ’s accrued retirement
benefit; provided,. A member performing services for a volunteer
fire department under this section shall not further accrue any
years of credited service during such period. Provided, that the
pension shall cease during any period of time the member may
thereafter serve for compensation in any municipa l fire department
in the state; provided further, that no person shall perform any
services as a firefighter if such person is receiving disability
benefits pursuant to Section 49 -109 of this title.
D. 1. Notwithstanding the requirements of subsections C and H
of Section 49-106.1 of this title, a retired volunteer firefighter
receiving the maximum allowable accrued retirement benefit pursuant
to Section 49-101 of this title may return to service as a volunteer
firefighter for a volunteer fire department pursuant to subsection B
of this section and continue to receive the member’s retirement
benefit. The retired volunteer firefighter shall not further accrue RBS No. 2756
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any years of credited service during such period. Provided, the
benefit shall cease during any time period the retiree may
thereafter serve for compensation in any municipal fire depa rtment
in the state; provided further, no person shall perform any services
as a volunteer firefighter if such person is receiving disability
benefits pursuant to Section 49-109 of this title.
2. For the purposes of this subsection, “maximum allowable
accrued retirement benefit ” means a benefit calculated using thirty
(30) years of credited service pursuant to subsection A of Section
49-101 of this title. Provided, if the member has elected to
participate in the Oklahoma Firefighters Deferred Option Plan
pursuant to Section 49 -106.1 of this title, credited service for
benefit calculation shall be calculated as of the date that the
member begins participation in the Plan, o r the back drop date if
elected under subsection H of Section 49 -106.1 of this title.
E. No person serving as a firefighter pursuant to this section
shall be eligible to serve as the fire chief. Pursuant to Section
49-100.1 of this title, the fire chief shall be an active member of
the System within a participating municipality of which he or she
serves as fire chief.
SECTION 2. This act shall become effective November 1, 2024. RBS No. 2756
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Passed the Senate the 14th 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