Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1524 Compare Versions

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Version 2 (New)

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2	1		RBS No. 2756
3	2
4		-	An Act
5		-	ENROLLED SENATE
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	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1524 By: Green and Stephens of the
7	37		Senate
8	38
9	39		and
10	40
11	41		Sterling of the House
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16	47		An Act relating to the Oklahoma Firefighter s Pension
17	48		and Retirement System; amending 11 O.S. 2021, Section
18	49		49-135, as amended by Section 8, Chapter 232, O.S.L.
19	50		2022 (11 O.S. Supp. 2023, Section 49 -135), which
20	51		relates to membership benefits and requirements;
21	52		establishing provisions for return to servi ce by
22	53		certain members; providing for cessation of certain
23	54		benefits during certain paid service; prohibiting
24	55		certain disabled members from returning to service;
25	56		defining term; updating statutory language and
26	57		reference; prohibiting further accrual of service ;
27	58		and providing an effective date .
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32		-	SUBJECT: Oklahoma Firefighters Pension and Retirement System
33		-
34	63		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
35		-
36	64		SECTION 1. AMENDATORY 11 O.S. 2021, Section 49 -135, as
37	65		amended by Section 8, Chapter 232, O.S.L. 2022 (11 O.S. Supp. 2023,
38	66		Section 49-135), is amended to read as follows:
39		-
40	67		Section 49-135. A. No person shall be employed in a fire
41	68		department who has reached the age of forty-five (45) years, unless
42		-	it appears he or she shall become eligible for retirement at the age
	69	+	it appears he or she shall become eligible for retirement at the age RBS No. 2756
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43	97		of sixty-five (65) years or unless he or she be retired from a
44	98		municipal fire department in the State of Oklahoma this state. This
45	99		section shall not apply to professional engineers, or to persons
46		-	employed as technical specialists on a temporary basis. The State RBS No. 2756
47		-
48		-	ENR. S. B. NO. 1524 Page 2
	100	+	employed as technical specialists on a temporary basis. The State
49	101		Oklahoma Firefighters Pension and Retirement Board shall be
50	102		authorized to establish the maximum age, within the limits herein
51	103		prescribed, over which an applicant may not be considered for
52	104		initial employment, but no person shall be prohibited from making
53	105		application for reem ployment and having such reemploym ent
54	106		application considered merely because of his or her age, provided
55	107		that such person be under the age of forty -five (45) years, and
56	108		provided further, that such reemployment shall be with the consent
57	109		of the fire chief of such municipality.
58		-
59	110		B. On or after the effective date of this act November 1, 2015,
60	111		a person who performs volunteer ser vices as a firefighter, who has
61	112		attained the age of forty -five (45) or more years as of the first
62	113		date such volunteer services are perfor med, for a municipality or a
63	114		county shall not be eligible to be a member of the Oklahoma
64	115		Firefighters Pension and Retir ement System for any purpose, shall
65	116		not be eligible for any benefit payable by the System and shall not
66	117		receive any form of service credi t from the System resulting from
67	118		such volunteer services. The person responsible for decisions
68	119		regarding the performan ce of firefighting services having
69		-	jurisdiction, which in the absence of any other requirement to the
	120	+	jurisdiction, which in the absence of any other requirement to the RBS No. 2756
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70	148		contrary shall be the Fire Chief fire chief, shall make the final
71	149		determination on applicants for positions that would involve the
72	150		performance of voluntee r firefighting services if the applicant is
73	151		over the age of forty -five (45) years based on local rules,
74	152		regulations, ordinances, guidelin es and standard operating
75	153		procedures.
76		-
77	154		C. Notwithstanding the requirements of subsections C and H of
78	155		Section 49-106.1 of this title to terminate employment with all
79	156		participating municipalities as a firefighter, a person retired,
80	157		paid firefighter receiving an accrued retirement benefit pur suant to
81	158		Section 49-106 of this title may perform volunteer firefighting
82	159		services for a volunteer department pursuant to subsection B of this
83	160		section and continue to receive the member ’s accrued retirement
84	161		benefit; provided,. A member performing services for a volunteer
85	162		fire department under this section shall not further accrue any
86	163		years of credited service during such period. Provided, that the
87	164		pension shall cease during any period of time the member may
88	165		thereafter serve for compensation in any municipa l fire department
89		-	in the state; provided further, that no person shall perform any RBS No. 2756
90		-
91		-	ENR. S. B. NO. 1524 Page 3
	166	+	in the state; provided further, that no person shall perform any
92	167		services as a firefighter if such person is receiving disability
93	168		benefits pursuant to Section 49 -109 of this title.
94		-
95	169		D. 1. Notwithstanding the requirements of subsections C and H
96	170		of Section 49-106.1 of this title, a retired volunteer firefighter
97		-	receiving the maximum allowable accrued retirement benefit pursuant
	171	+	receiving the maximum allowable accrued retirement benefit pursuant RBS No. 2756
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	173	+	SB1524 HFLR Page 4
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98	199		to Section 49-101 of this title may return to service as a volunteer
99	200		firefighter for a volunteer fire department pursuant to subsection B
100	201		of this section and continue to receive the member’s retirement
101	202		benefit. The retired volunteer firefighter shall not further accrue
102	203		any years of credited service during such period. Provided, the
103	204		benefit shall cease during any time period the retiree may
104	205		thereafter serve for compensation in any municipal fire depa rtment
105	206		in the state; provided further, no person shall perform any services
106	207		as a volunteer firefighter if such person is receiving disabi lity
107	208		benefits pursuant to Section 49-109 of this title.
108		-
109	209		2. For the purposes of this subsection, “maximum allowable
110	210		accrued retirement benefit ” means a benefit calculated using thirty
111	211		(30) years of credited service pursuant to subsection A of Section
112	212		49-101 of this title. Provided, if the member has elected to
113	213		participate in the Oklahoma Firefighters Deferred Option Plan
114	214		pursuant to Section 49 -106.1 of this title, credited service for
115	215		benefit calculation shall be calculated as of the date that the
116	216		member begins participation in the Plan, o r the back drop date if
117	217		elected under subsection H of Section 49 -106.1 of this title.
118		-
119	218		E. No person serving as a firefighter pursuant to this section
120	219		shall be eligible to serve as the fire chief. Pursuant to Section
121	220		49-100.1 of this title, the fire chief shall be an active member of
122	221		the System within a participating municipality of which he or she
123		-	serves as fire chief.
	222	+	serves as fire chief. RBS No. 2756
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125	250		SECTION 2. This act shall become effective November 1, 2024.
126		-	RBS No. 2756
127	251
128		-	ENR. S. B. NO. 1524 Page 4
129		-	Passed the Senate the 14th day of March, 2024.
130		-
131		-
132		-
133		-	Presiding Officer of the Senate
134		-
135		-
136		-	Passed the House of Representatives the 15th day of April, 2024.
137		-
138		-
139		-
140		-	Presiding Officer of the House
141		-	of Representatives
142		-
143		-	OFFICE OF THE GOVERNOR
144		-	Received by the Office of the Governor this _______ _____________
145		-	day of _______________ ____, 20_______, at _______ o'clock _______ M.
146		-	By: _________________________________
147		-	Approved by the Governor of the State of Oklahoma this _______ __
148		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
149		-
150		-	_________________________________
151		-	Governor of the State of Oklahoma
152		-
153		-
154		-	OFFICE OF THE SECRETARY OF STATE
155		-	Received by the Office of the Secretary of State this _______ ___
156		-	day of _________________ _, 20 _______, at _______ o'clock _______ M.
157		-	By: _________________________________
	252	+	COMMITTEE REPORT BY: COMMI TTEE ON BANKING, FINANCIAL SERVICES AND
	253	+	PENSIONS, dated 04/01/2024 - DO PASS, As Coauthored.