RBS No. 3486
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SENATE FLOOR VERSION
February 28, 2024
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 631 By: Garvin
[ Oklahoma Law Enforcement Retirement Syste m -
retirement and retirement pay - Oklahoma Pension
Legislation Actuarial Analysis Act - effective
dates -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 2 -305, as
last amended by Section 9, Chapter 151, O.S.L. 2023 (47 O.S. Supp.
2023, Section 2-305), is amended to rea d as follows:
Section 2-305. A. Except as otherwise provided in this title,
at any time after attaining normal retirement date, any member of
the Oklahoma Law Enforcement Retirement System , upon application for
unreduced retirement benefits made and approved, may retire, and,
during the remainder of the member’s lifetime, receive annual
retirement pay, payable in equal monthly payments, equal to two and
one-half percent (2 1/2%) of the final average sa lary times years of
credited service. If such retired member is reemployed by a state
agency in a position which is not covered by the System, such RBS No. 3486
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retired member shall continue to receive in -service distributions
from the System. Prior to September 19, 2002, if such retired
member was reemployed by a state agency in a position which is
covered by the System, such member shall continue to receive in -
service distributions from the System and shall not a ccrue any
further credited service . If such a member is reemployed by a state
agency in a position which is covered by the System on or after
September 19, 2002, such member ’s monthly retirement payments shall
be suspended until such member retires and is not reemployed by a
state agency in a posi tion which is covered by the System.
B. Beginning July 1, 1994, members who retired or were eligible
to retire prior to July 1, 1980, or their surviving spouses shall
receive annual retirement pay, payable in equ al monthly payments,
equal to the greater of t heir current retirement pay, or two and
one-half percent (2 1/2%) of the actual paid gross salary being
currently paid to a highw ay patrol officer, at the time each such
monthly retirement payment is made, mult iplied by the retired
member’s years of credited service.
C. Except as otherwise p rovided by this subsection, members of
the System whose salary is set by statute who have retired after
completion of the mandatory twenty (20) years of service, and those
members with statutory salaries who retire afte r reaching the
mandatory twenty-year retirement shall receive an annual retirement RBS No. 3486
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pay, payable in equal monthly installments, based upon the greater
of either:
1. The top base salary currently paid to the hig hest
nonsupervisory position in the participating agency at the time each
such monthly retirement payment is made, limited to the annual
salary limit of the Economic Growth and Tax Relief Reconciliation
Act of 2001, as described in paragraph 9 of Section 2 -300 of this
title, multiplied by two and one -half percent (2 1/2%), multiplied
by the number of years of credited service and fraction thereof for
the following positions:
a. Oklahoma Highway Patrolman,
b. Communications Dispatcher,
c. Capitol Patrolman,
d. Lake Marine Enforcement Patrolman, and
e. Oklahoma State Bureau of Inve stigation - Special Agent
or Criminalist; or
2. The member’s final average salary as set forth in paragraph
9 of Section 2-300 of this title, multiplied by two and one -half
percent (2 1/2%), and multip lied by the number of years of credited
service and fraction thereof.
No member of the System retired prior to July 1, 2002, shall
receive a benefit less than the amount the member is receiving as of
June 30, 2002. RBS No. 3486
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The provisions of paragraph 1 of this sub section shall not be
applicable to any member whose fi rst participating service with the
System occurs on or after November 1, 2012, except for include those
members who died in the performance of their duties pursuant to
Section 2-306 of this title.
D. Other members of the System whose retirement benefit is not
otherwise prescribed by this section who have retired after
completion of the mandatory twenty (20) years of service, and those
members who retire after reaching the mandatory twenty -year
retirement, shall receive an annual retirement pay, payable in equal
monthly payments, based upon the greater of either:
1. The actual average salary currently paid to the highest
nonsupervisory position in the part icipating agency at the time each
such monthly payment is made, limited to the annual salary limit of
the Economic Growth and Tax Relief Reconciliation Act of 20 01, as
described in paragraph 9 of Section 2-300 of this title, multiplied
by two and one-half percent (2 1/2%), multiplied by the number of
years of credited service and fraction thereof for the following
positions:
a. Alcoholic Beverage Laws Enforcement Commission - ABLE
Commission Agent III,
b. Oklahoma State Bureau of Narcotics and Dangerous Dru gs
Control - Narcotics Agent III, RBS No. 3486
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c. Oklahoma Tourism and Recreation Department - Park
Ranger II,
d. State Board of Pharmacy - Pharmacy Inspector,
e. University of Oklahoma - Police Officer, and
f. Oklahoma State University - Police Officer; or
2. The other member’s final average salary as set forth in
paragraph 9 of Section 2-300 of this title, multiplied by two a nd
one-half percent (2 1/2%), multiplied by the number of years of
credited service and fraction thereof.
No member of the System retired prior to July 1, 2002, shall
receive a benefit less than the amount the member is receiving as of
June 30, 2002. The participating employer mu st certify to the
System in writing the actual average gross salary currently paid to
the highest nonsupervisory positi on. The Board of Trustees shall
promulgate such rules as are necessary to implement the provisions
of this section.
The provisions of pa ragraph 1 of this subsection shall not be
applicable to any member whose first participating service with the
System occurs on or after May 24, 2013, except for include those
members who died in the performance of their duties pursuant to
Section 2-306 of this title.
E. A member who meets the definition of disability as defined
in paragraph 11 of Section 2 -300 of this title by direct reaso n of RBS No. 3486
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the performance of the member’s duties as an officer shall re ceive a
monthly benefit equa l to:
1. Two and one-half percent (2 1/2%);
2. Multiplied by:
a. twenty (20) years of credited service, if the member
had performed less than twenty (20) years of credited
service, notwithstanding the actual number of years of
credited service performed by the member prior to the
date of disability, or
b. the actual number of years of credited service and
fraction thereof performed by the member prior to the
date of disability, if the member had performed twenty
(20) or more years of credited service;
3. Multiplied by the greater of subparagraph a of this
paragraph and division 1 of subparagraph b of this paragraph or
division 2 of subparagraph b of this paragrap h, as applicable:
a. the final average salary of the member, as se t forth
in paragraph 9 of Section 2-300 of this title, and
b. (1) the top base salary cur rently paid to the highest
nonsupervisory position in the participating
agency of the member at the time each monthly
payment is made, limited to the annual salary
limit of the Economic Growth and Tax Relief
Reconciliation Act of 2001 described in paragraph RBS No. 3486
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9 of Section 2-300 of this title, for the
following positions:
(a) Oklahoma Highway Patrolman,
(b) Communications Dispatcher,
(c) Capitol Patrolman,
(d) Lake Marine Enforcement Patrolman, and
(e) Oklahoma State Bureau of Investigation -
Special Agent or Criminalist ,.
Provided, the participating employe r must certify to
the System in writing the top base s alary
currently paid to the highest nonsupervisory
position for division (1) of subparagraph b of
this paragraph, or
(2) the actual average salary currently paid to the
highest nonsupervisory position in the
participating agency of the membe r at the time
each monthly payment is made, limited to the
annual salary limit of the Econo mic Growth and
Tax Relief Reconciliatio n Act of 2001, described
in paragraph 9 of Section 2 -300 of this title,
for the following positio ns:
(a) Alcoholic Beverage Laws Enforcement (ABLE)
Commission - ABLE Commission Agent III, RBS No. 3486
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(b) Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control - Narcotics Agent
III,
(c) Oklahoma Tourism and Recreation D epartment -
Park Ranger II,
(d) State Board of Pharmacy - Pharmacy
Inspector,
(e) University of Oklahoma - Police Officer, and
(f) Oklahoma State University - Police Officer,.
Provided, the participating employer must certify to the System
in writing the actual average gross salary currently pa id to the
highest nonsupervisory position for division (2) of subparagraph b
of this paragraph;
4. No member of the System receiving b enefits prescribed by
this subsection who retired prior to July 1, 2002, shall rece ive a
benefit of less than the amount th e member was receiving as of June
30, 2002;
5. The Board of Trustees shall promulgate rules as necessary to
implement the provisions of this subsection; and
6. If such member participates in the Oklahoma Law Enforcement
Deferred Option Plan pursuant to S ection 2-305.2 of this title, then
such member’s disability pension provided pursuant to this
subsection shall be reduced to account for such member’s
participation in the Oklahoma Law Enforcement Deferred Option Pla n. RBS No. 3486
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F. A member who meets the definition of disability as defined
in paragraph 11 of Section 2 -300 of this title and whose disability
is by means of personal and traumatic injury of a catastrophic
nature and in the line of duty, shall receive a monthly benefit
equal to:
1. Two and one-half percent (2 1/2%);
2. Multiplied by:
a. twenty (20) years of service, regardless of the actual
number of years of credited service perfor med by the
member prior to the date of disability, if the member
had performed less than twenty (20) years of service,
or
b. the actual number of years of service performed by th e
member if the member had performed twenty (20) or more
years of service;
3. Multiplied by a final average salary equal to:
a. the salary which the member would have received
pursuant to statutory sa lary schedules in effect upon
the date of the disabilit y for twenty (20) years of
service prior to disability . The final average sal ary
for a member who performed less than twenty (20) years
of service prior to disa bility shall be computed
assuming that the member was paid the highest salary
allowable pursuant to the law in effect at the time of RBS No. 3486
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the member’s disability based upon twenty (20) years
of service and with an assumption that the member was
eligible for any and a ll increases in pay based upon
rank during the entire period. If the salary of a
member is not prescribed by a specific salary schedule
upon the date of the member ’s disability, the final
average salary for the member shall be computed by the
member’s actual final average salary or the hi ghest
median salary amount for a member whose salary wa s
prescribed by a specific salary schedule upon the date
of the member’s disability, whichever final average
salary amount would be greater, or
b. the actual final ave rage salary of the member if the
member had performed twenty (20) or more years of
service prior to disability.
If such member participates in the Oklahoma Law Enforce ment
Deferred Option Plan pursuant to Section 2-305.2 of this title, such
member’s disability pension provided pursuant to this subsection
shall be adjusted as provided in Sectio n 2-305.2 of this title to
account for such member’s participation in the Oklahoma Law
Enforcement Deferred Option Plan.
G. A member who meets the definition of disab ility as defined
in Section 2-300 of this title and whose disability occurred prior
to the member’s normal retirement date but after completing three RBS No. 3486
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(3) years of vesting service and not by reason of the performance of
the member’s duties or as a res ult of the member’s willful
negligence shall receive a monthly benefit equal to two and one -half
percent (2 1/2%) of the final average salary multiplied by the
number of years of the member ’s credited service.
H. Payment of a disability pension shall commence as of the
first day of the month coinci ding or next following the date of
retirement and shall continue as long as the member meets the
definition of total and permanen t disability provided in this
section.
I. For the purpose of determining the member ’s disability under
subsection E, F or G of this section, the member shall be required
by the Board to be examined by a minimum of two recognized
physicians selected by the Board to determine th e extent of the
member’s injury or illness. The examining physicians s hall furnish
the Board a detailed written report of the injury or illness of the
examined member establishing the extent of disability and the
possibilities of the disabled member being returned to his or her
regular duties or an alternate occupation or service covered by the
System after a normal recuperation period. The Board shall require
all retired disabled members who have not attained their normal
retirement date to submit to a p hysical examination once each year
for a minimum of three (3) years fol lowing retirement. The Board
shall select a minimum of two physicians to examine the ret ired RBS No. 3486
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members and pay for their services from the fund . Any retired
disabled member found no lon ger disabled by the examining physicians
to perform the occupatio n of the member or an alternate occupati on
or service covered by the System shall be required t o return to duty
and complete twenty (20) years of service as provided in subsection
A of this section, or forfeit all his or her rights and claims under
Section 2-300 et seq. of this title.
J. The disability benefit under this section shall be for the
lifetime of the member unless such member is found no longer
disabled pursuant to subsection I of this section. Such member
shall not be entitled to the retiremen t benefit pursuant to
subsection A of this section unless such member returns to active
duty and is eligible for a retirement benefit as provided in
subsection A of this section.
K. At the postoffer, preemployment physical examination
required under paragraph 6 of Section 2-300 of this title, t he
physician selected by the Board shall determine the extent to which
a new member is disabled. If a member is determined to be partially
disabled, the physician shall assign a percentage of disability to
such partial disability. If such member then bec omes entitled to a
disability benefit under either subs ection E or subsection G of this
section, the benefit payable shall be reduced by the percentage
which such member was determined to be disabled at the postoffer,
preemployment physical unless the Boar d makes a determination that RBS No. 3486
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the initially determined p ercentage of disability at the
preemployment physical examination is unrel ated to the reason for
the disability currently sought pursuant to subsection E or
subsection G of this section. Upon employment, the member shall
disclose to the Board any disabili ty payments received from any
source. The amount of disability to be paid to any member cannot
exceed one hundred percent (100%) disability from all sources . The
provisions of this subsection shall a pply only to members whose
effective date of membership is on or after July 1, 2000.
L. In addition to the pension provided for under subsection F
of this section, if the member has one or more children under the
age of eighteen (18) years or under the ag e of twenty-two (22) years
if the child is enrolled ful l-time in and is regularly attending a
public or private school or any institution of higher edu cation,
Four Hundred Dollars ($400.00) a month shall be paid from the F und
for the support of each surviv ing child to the member or person
having the care and c ustody of such children until each child
reaches the age of eighteen (18) years or reaches the a ge of twenty-
two (22) years if the child is enrolled full -time in and is
regularly attending a public or private school or any institution of
higher education.
M. Notwithstanding any other provisions in Section 2-300
through 2-315 of this title, in order to be eligible to receive
disability benefits, a member who meets the d efinition of disability RBS No. 3486
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as defined in paragraph 11 of Section 2-300 of this title shall f ile
the member’s completed application for disability benefits with the
System before such membe r’s date of termination from service and
provide such additional information that the System’s rules require
within six (6) months of the System ’s receipt of such application.
If the member’s completed application for disability benefits is not
filed with the System before the member’s date of termination from
service or such additional information as is req uired under the
System’s rules is not provided within s ix (6) months of the System’s
receipt of such application, such member sha ll be eligible only fo r
such other benefits as are available to members of the System a nd
shall not be eligible to receive any disability benefits. For good
cause shown, the Board o f Trustees may waive the requirement that
the disability application be filed before the member ’s date of
termination from service. In no event shall a member be elig ible to
receive any disability ben efit if the member’s completed application
is filed more than six (6) months after the member’s date of
termination from service.
N. If the requirements of Section 2-305.1C of this title are
satisfied, a member who, by reason of disability or attainment o f
normal retirement date or age, is separated from serv ice as a public
safety officer with the member’s participating employer may elect to
have payment made directly to the provider for qualified health
insurance premiums by deduction from his or her mont hly disability RBS No. 3486
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benefit or monthly retirement payment, a fter December 31, 2006, in
accordance with Section 402( l) of the Internal Revenue Code of 1986,
as amended. For distributions made after December 29, 2022, the
election provided for under Section 402(l) of the Internal Revenue
Code of 1986, as amended, may be made whether payment of the
premiums is made directly to the provider of the accident or h ealth
plan or qualified long-term care insurance contract by deduction
from a distribution from the System or is made to the member.
SECTION 2. AMENDATORY 62 O.S. 2021, Section 3103, as
last amended by Section 1, Chapter 306, O.S.L. 2 022 (62 O.S. Supp.
2023, Section 3103), is amended to read as follows:
Section 3103. As used in the Oklahoma Pension Legislation
Actuarial Analysis Act:
1. "Amendment" means any amendment, including a substitute
bill, made to a retirement bill by any com mittee of the House of
Representatives or Senate, any conference committee of the House or
Senate or by the House or Senate;
2. "RB number" means that number preceded by the letters "RB"
assigned to a retirement bill by the respec tive staffs of the
Oklahoma State Senate and the Oklahoma House of Representatives when
the respective staff office prepares a retirement bill for a member
of the Legislature;
3. "Legislative Actuary" means the firm or entity that enters
into a contract with the Legislative Servi ce Bureau pursuant to RBS No. 3486
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Section 452.15 of Title 74 of the Oklahoma Statutes to provide the
actuarial services and other duties provided for in the Oklahoma
Pension Legislation Actuarial Analysis Act;
4. "Nonfiscal amendment" means a n amendment to a retireme nt
bill having a fiscal impact, which amendment does not change any
factor of an actuarial investigation specified in subsection A of
Section 3109 of this title;
5. "Nonfiscal retirement bill" means a retirement bill:
a. which does not affect the cost or funding factors of a
retirement system,
b. which affects such factors only in a manner which does
not:
(1) grant a benefit increase under the retirement
system affected by the bill,
(2) create an actuarial accrued liability for or
increase the actuarial ac crued liability of the
retirement system affected by the bill, or
(3) increase the normal cost of the retirement system
affected by the bill,
c. which authorizes the purchase by an active member of
the retirement system, at the actuarial cost for the
purchase as computed pursuant to the statut e in effect
on the effective date of the measure allowing such
purchase, of years of service for purposes of reaching RBS No. 3486
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a normal retirement date in the applicable retirement
system, but which can not be used in order to c ompute
the number of years of service for purposes of
computing the retirement benefit for the member,
d. which provides for the computation of a service -
connected disability retirement benefit for members of
the Oklahoma Law Enforcement Retirement System
pursuant to Section 2-305 of Title 47 of the Oklahoma
Statutes if the members were unable to complete twenty
(20) years of service as a result of the disability,
e. which requires membership in the defined benefit plan
authorized by Section 901 et seq. of Title 74 of the
Oklahoma Statutes for persons whose first elected or
appointed service occurs on or after November 1, 2018,
if such persons had any prior service in the Oklahoma
Public Employees Retirement System prior to November
1, 2015,
f. which provides for a one-time increase in retiremen t
benefits if the increase in retirement benefits is not
a permanent increase in the gross annual retirement
benefit payable to a member or beneficiary, occurs
only once pursuant to a single st atutory authorization
and does not exceed: RBS No. 3486
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(1) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
Thousand Dollars ($1,000.00) and requires that
the benefit may only be provided if the funded
ratio of the affected retirement system would not
be less than sixty percent (60%) but not greater
than eighty percent (80%) after the benefit
increase is paid,
(2) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
Thousand Two Hundred Dol lars ($1,200.00) and
requires that the benefit may only be provided if
the funded ratio of the affected retirement
system would be greater than eighty percent (80%)
but not greater than one hundred percent (100%)
after the benefit increase is paid,
(3) the lesser of two percent (2 %) of the gross
annual retirement bene fit of the member or One
Thousand Four Hundred Dollars ($1,400.00) and
requires that the benefit may only be provided if
the funded ratio of the affected retirement
system would be greater than one hundred percent
(100%) after the benefit increase is paid, or RBS No. 3486
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(4) the greater of two percent (2%) of the gross
annual retirement benefit of the volunteer
firefighter or One Hundred Dollars ($100.00) for
persons who retired from the Oklahoma
Firefighters Pension and Retirement System as
volunteer firefighters and who did not retire
from the Oklahoma Firefighters Pension and
Retirement System as a paid firefighter.
As used in this subparagraph, "funded ratio" means the
figure derived by dividing the actu arial value of
assets of the applicable retirement system by the
actuarial accrued liability of the applicable
retirement system,
g. which modifies the disability pension standard for
police officers who are members of the Oklahoma Police
Pension and Retirement System as provided by Section 3
of this act Section 50-115 of Title 11 of the Oklahoma
Statutes,
h. which provides a cost -of-living benefit increase
pursuant to the provisions of:
(1) Section 49-143.7 of Title 11 of the Oklahoma
Statutes,
(2) Section 50-136.9 of Title 11 of the Oklahoma
Statutes, RBS No. 3486
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(3) Section 1104K of Title 20 of the Oklahoma
Statutes,
(4) Section 2-305.12 of Title 47 of the Oklahoma
Statutes,
(5) Section 17-116.22 of Title 70 of the Oklahoma
Statutes,
(6) Section 930.11 of Title 74 of the Oklahoma
Statutes, or
i. which modifies the computation of the line-of-duty
disability benefit pursuant to the provisions of this
act this section and Sections 50-101 and 50-115 of
Title 11 of the Oklahoma Statutes , or
j. which reinstates annual retir ement pay for a member of
the Oklahoma Law Enforcement Retirement System whose
first participating service with the System occurred
on or after November 1, 2012 , pursuant to Section 2 -
305 of Title 47 of the Oklahoma Statutes .
A nonfiscal retirement bill shall include any retiremen t bill that
has as its sole purpose th e appropriation or distribution or
redistribution of monies in some manner to a retirement system for
purposes of reducing the unfunded liability of such system or the
earmarking of a portion o f the revenue from a tax to a retirement
system or increasing the percentage of the revenue earmarked from a
tax to a retirement system; RBS No. 3486
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6. "Reduction-in-cost amendment" means an amendment to a
retirement bill having a fiscal impact which reduces the cost of the
bill as such cost is determined by the actuarial invest igation for
the bill prepared pursuant to Section 3109 of this title;
7. "Retirement bill" means any bill or joint resolution
introduced or any bill or joint resolution amended by a member of
the Oklahoma Legislature which creates or amends any law directly
affecting a retirement system. A retirement bill shall not mean a
bill or resolution that impa cts the revenue of any state tax in
which a portion of the revenue generated from such tax is earmarked
for the benefit of a retirement system;
8. "Retirement bill having a fiscal impact" means any
retirement bill creating or establishing a retirement system and any
other retirement bill other than a nonfiscal retirement bill; and
9. "Retirement system" means the Teachers ' Retirement System of
Oklahoma, the Oklahoma Public Employees Retirement System, the
Uniform Retirement System for Justices and Judges, the Oklahoma
Firefighters Pension and Retirement System, the Oklahoma Police
Pension and Retirement System, the Oklahom a Law Enforcement
Retirement System, o r a retirement system established after January
1, 2006.
SECTION 3. Section 1 of this act shall become effective in
accordance with Section 58 of Article V of the Oklahoma
Constitution. RBS No. 3486
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SECTION 4. Section 2 of this act shall become effective July 1,
2024.
SECTION 5. 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.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
February 28, 2024 - DO PASS AS AMENDED