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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1599 By: Bullard
AS INTRODUCED
An Act relating to Teachers’ Retirement System of
Oklahoma; amending 70 O.S. 2021, Section 17-116.10,
which relates to postretirement employment;
authorizing certain postretirement employ ment for
certain time period with no earning s limitation;
updating statutory reference; providing an effective
date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
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 requirements of law,
a member 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 eligibl e 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 purposes of this section, the term “last day of
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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 employ ed for purposes of this section.
Employment under any conditions during this time, volunteer services
for the purpose of obtaining a paid p osition at a later date, or
payment at a later time for services performed during this time
period shall cause the forfeiture of all retir ement 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 retireme nt
benefits, or the Earnings Limitation for employees allowed by the
Social Security Administration, whichev er is less. For retired
members under the age of sixty-two (62) years, the li mit on allowed
earnings from the public schools of Oklahoma for employment for the
performance of duties ordinarily performed by cl assified or
nonclassified personnel shall be th e lesser of Fifteen Thousand
Dollars ($15,000.00) or one-half (1/2) of the mem ber’s final average
salary used in computing retirement benefits unles s the earnings
limitation allowed by the Social Security Admi nistration would be
greater than Fifteen Thousa nd Dollars ($15,000.00). For re tired
members sixty-two (62) years of age or o lder, the limit on allowed
earnings from the public schools of Oklahoma for the performance o f
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duties ordinarily performed by class ified 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 pur poses of this paragraph, the following
shall apply:
a. earnings shall mean “regular annual compensation ” as
defined in paragraph (25) of Sec tion 17-101 of this
title, and shall include an y 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 schoo l
employer pursuant to subsection 9 (9) of Section 17-
105 of this title or other s tate law shall not be
considered as earnings,
b. the Earnings Limitation for employees allowed by the
Social Security Administ ration to workers between the
age of sixty-two (62) years and sixty-five (65) years
shall apply to retired members below the age o f 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 cu rrent
Earnings Limitation for employe es as determined from
time to time by the Social Security Administration,
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d. the earnings limit for the ca lendar 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 Oklahoma shall result
in a loss of future retirement benefits for the yea r
the postretirement employment was p erformed of One
Dollar ($1.00) for each O ne Dollar ($1.00) earned over
the maximum allowed earnings amount ,
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 benefits. Howev er, any retired
member receiving benefits from the Teachers’
Retirement System of Oklahoma who reached age seventy
(70) years prior to July 1, 1991, shall not be
restricted by the earnings limits pursuant to this
subparagraph until January 1, 1994. To qualify for
the provisions of this subparagraph, the mem ber must
be employed less than one -half (1/2) time compared to
other full-time employees in similar positions;
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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 e arnings from the
public school with no reduction in retirement benefits regardless of
the amount of annualized earnings.
a. 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 school during
that one-year period, shall be eligible to be
reemployed as an active classroom teache r in common or
career tech school distric ts, with no limitations on
earnings.
b. For a period of three (3) years beginning July 1,
2021, members who have retired as of July 1, 2020, who
have been retired and receiv ing 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 s chool districts,
with no limitations on ea rnings. The one-year period
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starts with the retiree’s last day of preretirement
public education employment.
c. A retired member who has been retired and has received
benefits for at least ninety (90) days shall be
eligible to be reemployed as a n active classroom
teacher in common or care er tech school districts with
no limitations on earnings for a period of three (3)
years beginning July 1, 2024 . Provided, a retiree who
is reemployed under this subparagraph may not be
employed as an active classroom teacher i n common or
career tech school districts during the ninety-day
period prior to reemployment. The ninety-day period
shall commence on the date of the retiree ’s last day
of preretirement public education employment.
Members returning under this section shal l not be subject to any
earning limitations earnings limitation following the end of the
three-year periods described in this paragraph. Mem bers returning
under this section shall only be employed purs uant to a temporary
contract; and
4. A member shall be considered to be e mployed by a school
district to perform the duties ordina rily performed by classified or
nonclassified personnel if the member is hired by th e school
district in the member’s individual capacity to perform the duties
or if the member perf orms the duties through employment with a
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proprietorship, partnership, corp oration, limited liability company
or partnership, or any other business structure t hat has agreed or
contracted to provide t he services to the school district.
B. A public school district that empl oys a retired member shall
be required to make contribut ions 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 S ection 17-116.2 of this title.
C. For purposes of this section, postretirement employment of
less than one thousand (1,000) hour s per year with the Governor, the
State Senate, the House of Repre sentatives or the Le gislative
Service Bureau shall not be con sidered 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 e ntered into postretirement employment with
a participating employer of the Teachers’ Retirement System of
Oklahoma must fully c omply with all the provisions of the rules
promulgated by the Board of Trustees pursuant to this section in
order to continue rec eiving his or her monthly retirement benefit.
SECTION 2. This act shall become effective July 1, 2024.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or sa fety, an emergency is hereby
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declared to exist, by reason whereof this act shal l take effect and
be in full force from and after its passage and approval.
59-2-2256 RD 1/11/2024 9:05:36 AM