Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB631 Compare Versions

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Version 2 (New)

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3		-	An Act
4		-	ENROLLED SENATE
5		-	BILL NO. 631 By: Garvin, Rogers, Kidd,
	3	+	ENGR. H. A. to ENGR. S. B. NO. 631 Page 1 1
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	28	+	ENGROSSED HOUSE AMENDME NT
	29	+	TO
	30	+	ENGROSSED SENATE BILL NO . 631 By: Garvin, Rogers, Kidd,
6	31		Murdock, Hall, and Woods of
7	32		the Senate
8	33
9	34		and
10	35
11		-	Pfeiffer and Fugate of the
12		-	House
	36	+	Pfeiffer of the House
13	37
14	38
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16	40
17	41
18		-	An Act relating to the Oklahoma Law Enforcement
	42	+	[ Oklahoma Law Enforcement Retirement System -
	43	+	retirement and retirement pay - Oklahoma Pension
	44	+	Legislation Actuarial Analysis Act - effective dates
	45	+	-
	46	+	emergency ]
	47	+
	48	+
	49	+
	50	+
	51	+
	52	+	AUTHOR: Add the following House Coauthor: Fugate
	53	+
	54	+	AMENDMENT NO. 1. Page 1, lines 7 through 9, restor e the title to
	55	+	read:
	56	+
	57	+
	58	+	"An Act relating to the Oklahoma Law Enforcement
19	59		Retirement System; amending 47 O.S. 2021, Section 2-
20	60		305, as last amended by Section 9, Chapter 151,
21	61		O.S.L. 2023 (47 O.S. Supp. 2023, Section 2-305),
22	62		which relates to retirement and retirement pay ;
23	63		reinstating certain annual retirement pay for certain
24	64		members; amending 62 O.S. 2021, Section 3103, as last
25	65		amended by Section 1, Chapter 306, O. S.L. 2022 (62
26	66		O.S. Supp. 2023, Section 3101), which re lates to the
27	67		Oklahoma Pension Legislation Actuarial Analysis Act;
28	68		modifying definition; updating statutory language;
29	69		providing effective dates; and declaring an
30		-	emergency.
	70	+	emergency."
	71	+
	72	+
	73	+
	74	+
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	99	+
	100	+	Passed the House of Representatives the 25th day of April, 2024.
31	101
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34	104
35	105
36		-	SUBJECT: Oklahoma Law Enforcement Retirement System
	106	+	Presiding Officer of the House of
	107	+	Representatives
	108	+
	109	+
	110	+	Passed the Senate the ____ day of _______ ___, 2024.
	111	+
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	113	+
	114	+
	115	+
	116	+	Presiding Officer of the Senate
	117	+	RBS No. 3486
	118	+
	119	+	ENGR. S. B. NO. 631 Page 1 1
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	143	+
	144	+	ENGROSSED SENATE
	145	+	BILL NO. 631 By: Garvin, Rogers, Kidd,
	146	+	Murdock, Hall, and Woods of
	147	+	the Senate
	148	+
	149	+	and
	150	+
	151	+	Pfeiffer of the House
	152	+
	153	+
	154	+
	155	+
	156	+	[ Oklahoma Law Enforcement Retirement System -
	157	+	retirement and retirement pay - Oklahoma Pension
	158	+	Legislation Actuarial Analysis Act - effective dates
	159	+	-
	160	+	emergency ]
	161	+
	162	+
	163	+
	164	+
37	165
38	166		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
39		-
40	167		SECTION 1. AMENDATORY 47 O.S. 2021, Section 2 -305, as
41	168		last amended by Section 9, Chapter 151, O.S.L. 2023 (47 O.S. Supp.
42	169		2023, Section 2-305), is amended to read as follows:
43		-
44	170		Section 2-305. A. Except as otherwise provided in this title,
45	171		at any time after attaining normal retirement date, any member of
46		-
47		-	ENR. S. B. NO. 631 Page 2
48	172		the Oklahoma Law Enforcement Retirement System , upon application for
49	173		unreduced retirement benefits made and approved, may retire, and,
50	174		during the remainder of the member ’s lifetime, receive annual
51	175		retirement pay, payable in equal monthly payments, equal to two and
52	176		one-half percent (2 1/2%) of the final average salary tim es years of
53	177		credited service. If such retired member is reemployed by a state
54		-	agency in a position which is not covered by the System, such
	178	+	agency in a position which is not covered by the System, such RBS No. 3486
	179	+
	180	+	ENGR. S. B. NO. 631 Page 2 1
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55	205		retired member shall continue to receive in -service distributions
56	206		from the System. Prior to September 19, 2002, if such retired
57	207		member was reemployed by a state agency in a position which is
58	208		covered by the System, such member shall continue to receive in -
59	209		service distributions from the System and shall not accrue any
60	210		further credited service. If such a member is reemployed by a state
61	211		agency in a position which is covered by the System on or after
62	212		September 19, 2002, such member ’s monthly retirement payments shall
63	213		be suspended until such member retires and is not reemployed by a
64	214		state agency in a position which is cover ed by the System.
65		-
66	215		B. Beginning July 1, 1994, members wh o retired or were eligible
67	216		to retire prior to July 1, 1980, or their surviving spouses shall
68	217		receive annual retirement pay, payable in equal monthly payments,
69	218		equal to the greater of their current ret irement pay, or two and
70	219		one-half percent (2 1/2%) of the actual paid gross salary being
71	220		currently paid to a highway patrol officer, at the time each such
72	221		monthly retirement payment is made, multiplied by the retired
73	222		member’s years of credited service.
74		-
75	223		C. Except as otherwise provided by this subsection, members of
76	224		the System whose salary is set by statute who have retired after
77	225		completion of the mandatory twenty (20) years of service, and those
78	226		members with statutory salaries who retire after reaching the
79		-	mandatory twenty-year retirement shall receive an annual retirement
	227	+	mandatory twenty-year retirement shall receive an annual retirement RBS No. 3486
	228	+
	229	+	ENGR. S. B. NO. 631 Page 3 1
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80	254		pay, payable in equal monthly installments, based upon the greater
81	255		of either:
82		-
83	256		1. The top base salary currently paid to the highest
84	257		nonsupervisory position in the participating agency at th e time each
85	258		such monthly retirement payment is made, lim ited to the annual
86	259		salary limit of the Economic Growth and Tax Relief Reconciliation
87	260		Act of 2001, as described in paragraph 9 of Section 2 -300 of this
88	261		title, multiplied by two and one -half percent (2 1/2%), multiplied
89		-
90		-	ENR. S. B. NO. 631 Page 3
91	262		by the number of years of credited service and fraction thereof for
92	263		the following positions:
93		-
94	264		a. Oklahoma Highway Patrolman,
95		-
96	265		b. Communications Dispatcher,
97		-
98	266		c. Capitol Patrolman,
99		-
100	267		d. Lake Marine Enforcement Patrolman, and
101		-
102	268		e. Oklahoma State Bureau of Investigation - Special Agent
103	269		or Criminalist; or
104		-
105	270		2. The member’s final average salary as set forth in paragraph
106	271		9 of Section 2-300 of this title, multiplied by two and one -half
107	272		percent (2 1/2%), and multiplied by the number of years of credited
108	273		service and fraction thereof.
109		-
110	274		No member of the System retired prior to July 1, 2002, shall
111	275		receive a benefit less than the amount the member is receiving as of
112		-	June 30, 2002.
	276	+	June 30, 2002. RBS No. 3486
	277	+
	278	+	ENGR. S. B. NO. 631 Page 4 1
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113	302
114	303		The provisions of paragraph 1 of this subsection shall not be
115	304		applicable to any mem ber whose first participating service with the
116	305		System occurs on or after November 1, 2012, except for include those
117	306		members who died in the performance of their duties pursuant to
118	307		Section 2-306 of this title.
119		-
120	308		D. Other members of the System whose retiremen t benefit is not
121	309		otherwise prescribed by this section who have retired after
122	310		completion of the mandatory twenty (20) years of service, and those
123	311		members who retire after reaching the mandatory twenty -year
124	312		retirement, shall receive an annual retirement pay, payable in equal
125	313		monthly payments, based upon the great er of either:
126		-
127	314		1. The actual average salary currently paid to the highest
128	315		nonsupervisory position in the participating agency at the time each
129	316		such monthly payment is made, limited to the annual salar y limit of
130	317		the Economic Growth and Tax Relief Reconciliation Act of 2001, as
131	318		described in paragraph 9 of Section 2 -300 of this title, multiplied
132	319		by two and one-half percent (2 1/2%), multiplied by the number of
133		-
134		-	ENR. S. B. NO. 631 Page 4
135	320		years of credited service and fraction thereo f for the following
136	321		positions:
137		-
138	322		a. Alcoholic Beverage Law s Enforcement Commission - ABLE
139	323		Commission Agent III,
	324	+	b. Oklahoma State Bureau of Narcotics and Dangerous Drugs
	325	+	Control - Narcotics Agent III, RBS No. 3486
140	326
141		-	b. Oklahoma State Bureau of Narcotics and Dangerous Drugs
142		-	Control - Narcotics Agent III,
	327	+	ENGR. S. B. NO. 631 Page 5 1
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143	351
144	352		c. Oklahoma Tourism and Recreation Department - Park
145	353		Ranger II,
146		-
147	354		d. State Board of Pharmacy - Pharmacy Inspector,
148		-
149	355		e. University of Oklahoma - Police Officer, and
150		-
151	356		f. Oklahoma State University - Police Officer; or
152		-
153	357		2. The other member ’s final average salary as set forth in
154	358		paragraph 9 of Section 2 -300 of this title, multiplied by two and
155	359		one-half percent (2 1/2%), multi plied by the number of years of
156	360		credited service and fraction thereof.
157		-
158	361		No member of the System retired prior to July 1, 2002, shall
159	362		receive a benefit less than the amount the member is receiving as of
160	363		June 30, 2002. The participating employer must certify to the
161	364		System in writing the actual average gross salary currently paid to
162	365		the highest nonsupervisory position. The Board of Trustees shall
163	366		promulgate such rules as are necessary to implement the pr ovisions
164	367		of this section.
165		-
166	368		The provisions of paragraph 1 of this subsection shall not be
167	369		applicable to any member whose first participating service with the
168	370		System occurs on or after May 24, 2013, except for include those
169	371		members who died in the performance of their duties pursuant to
170	372		Section 2-306 of this title.
	373	+	E. A member who meets the definition of disability as defined
	374	+	in paragraph 11 of Section 2 -300 of this title by direct reason of RBS No. 3486
171	375
172		-	E. A member who meets the definition of disability as defined
173		-	in paragraph 11 of Section 2 -300 of this title by direct reason of
	376	+	ENGR. S. B. NO. 631 Page 6 1
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174	401		the performance of the member ’s duties as an officer shall receive a
175	402		monthly benefit equal to:
176		-
177		-
178		-	ENR. S. B. NO. 631 Page 5
179	403		1. Two and one-half percent (2 1/2%);
180		-
181	404		2. Multiplied by:
182		-
183	405		a. twenty (20) years of credited service, if the member
184	406		had performed less than twenty (20) years of credited
185	407		service, notwithstanding the actual number of years of
186	408		credited service performed by the member prior to the
187	409		date of disability, or
188		-
189	410		b. the actual number of years of credited service and
190	411		fraction thereof performed by the member prior to the
191	412		date of disability, if the member had performed twenty
192	413		(20) or more years of credited service;
193		-
194	414		3. Multiplied by the greater of subpa ragraph a of this
195	415		paragraph and division 1 of subparagraph b of this paragraph or
196	416		division 2 of subparagraph b of this paragraph, as applicable:
197		-
198	417		a. the final average salary of the member, as set forth
199	418		in paragraph 9 of Section 2-300 of this title, and
200		-
201	419		b. (1) the top base salary currently paid to the highest
202	420		nonsupervisory position in the participating
203	421		agency of the member at the time each monthly
204	422		payment is made, limited to the annual salary
205	423		limit of the Economic Growth and Tax Relief
206		-	Reconciliation Act of 2001 described in paragraph
	424	+	Reconciliation Act of 2001 described in paragraph RBS No. 3486
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207	451		9 of Section 2-300 of this title, for the
208	452		following positions:
209		-
210	453		(a) Oklahoma Highway Patrolman,
211		-
212	454		(b) Communications Dispatcher,
213		-
214	455		(c) Capitol Patrolman,
215		-
216	456		(d) Lake Marine Enforcement Patrolman, and
217		-
218	457		(e) Oklahoma State Bureau of Investigation -
219	458		Special Agent or Criminalist ,.
220		-
221		-
222		-	ENR. S. B. NO. 631 Page 6
223	459		Provided, the participating employer must certify to
224	460		the System in writing the top base salary
225	461		currently paid to the highest nonsupervisory
226	462		position for divisio n (1) of subparagraph b of
227	463		this paragraph, or
228		-
229	464		(2) the actual average salary currently paid to the
230	465		highest nonsupervisory position in the
231	466		participating agency of the member at the time
232	467		each monthly payment is made, limited to the
233	468		annual salary limit of the Economic Growth and
234	469		Tax Relief Reconciliation Act of 2001, described
235	470		in paragraph 9 of Section 2 -300 of this title,
236	471		for the following positions:
	472	+	(a) Alcoholic Beverage Laws Enforcement (ABLE)
	473	+	Commission - ABLE Commission Agent III, RBS No. 3486
237	474
238		-	(a) Alcoholic Beverage Laws Enforcement (ABLE)
239		-	Commission - ABLE Commission Agent I II,
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240	499
241	500		(b) Oklahoma State Burea u of Narcotics and
242	501		Dangerous Drugs Control - Narcotics Agent
243	502		III,
244		-
245	503		(c) Oklahoma Tourism and Recreation Department -
246	504		Park Ranger II,
247		-
248	505		(d) State Board of Pharmacy - Pharmacy
249	506		Inspector,
250		-
251	507		(e) University of Oklahoma - Police Officer, and
252		-
253	508		(f) Oklahoma State Univers ity - Police Officer,.
254		-
255	509		Provided, the participating employer must certify to the System
256	510		in writing the actual average gross salary currently paid to the
257	511		highest nonsupervisory position for division (2) of subparagraph b
258	512		of this paragraph;
259		-
260	513		4. No member of the System receiving benefits prescribed by
261	514		this subsection who retired prior to July 1, 2002, shall receive a
262	515		benefit of less than the amount the member was receiving as of June
263	516		30, 2002;
264		-
265		-
266		-	ENR. S. B. NO. 631 Page 7
267	517		5. The Board of Trustees shall promulgate rules as necessary to
268	518		implement the provisions of this subsection; and
269		-
270	519		6. If such member participates in the Oklahoma Law Enforcement
271	520		Deferred Option Plan pursuant to Section 2 -305.2 of this title, then
272	521		such member’s disability pension provided pursuant to this
273	522		subsection shall be reduced to account for such member ’s
274		-	participation in the Oklahoma Law Enforcement Deferred Option Plan.
	523	+	participation in the Oklahoma Law Enforcement Deferred Option Plan. RBS No. 3486
	524	+
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275	549
276	550		F. A member who meets the definition of disability as defined
277	551		in paragraph 11 of Section 2 -300 of this title and whose disability
278	552		is by means of personal and traumatic injury of a catastrophic
279	553		nature and in the line of duty, shall receive a monthly benefit
280	554		equal to:
281		-
282	555		1. Two and one-half percent (2 1/2%);
283		-
284	556		2. Multiplied by:
285		-
286	557		a. twenty (20) years of service, regardless of the actual
287	558		number of years of cr edited service performed by the
288	559		member prior to the date of disability, if the member
289	560		had performed less than twenty (20) years of service,
290	561		or
291		-
292	562		b. the actual number of years of service performed by the
293	563		member if the member had performed twenty (20) or more
294	564		years of service;
295		-
296	565		3. Multiplied by a final average salary equal to:
297		-
298	566		a. the salary which the member would have received
299	567		pursuant to statutory salary schedules in effect upon
300	568		the date of the disability for twenty (20) years of
301	569		service prior to disability. The final average salary
302	570		for a member who performed less than twenty (20) years
303	571		of service prior to disability shall be computed
304	572		assuming that the member was paid the highest salary
305		-	allowable pursuant to the law in effect at the time of
	573	+	allowable pursuant to the law in effect at the time of RBS No. 3486
	574	+
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306	600		the member’s disability based upon twenty (20) years
307	601		of service and with an assumption that the member was
308	602		eligible for any and all increases in pay based upon
309		-
310		-	ENR. S. B. NO. 631 Page 8
311	603		rank during the entire period. If the salary of a
312	604		member is not prescribed by a specific salary schedule
313	605		upon the date of the member’s disability, the final
314	606		average salary for the member shall be computed by the
315	607		member’s actual final average salary or the highest
316	608		median salary amount for a member whose salary was
317	609		prescribed by a specific salary schedule upon the date
318	610		of the member’s disability, whichever final average
319	611		salary amount would be greater, or
320		-
321	612		b. the actual final average salary of the member if the
322	613		member had performed twenty (20) or more years of
323	614		service prior to disability.
324		-
325	615		If such member participates in the Oklahoma Law Enforcement
326	616		Deferred Option Plan pursuant to Section 2-305.2 of this title, such
327	617		member’s disability pension provided pursuant to this subsection
328	618		shall be adjusted as provided in Section 2 -305.2 of this title to
329	619		account for such member ’s participation in the Oklahoma Law
330	620		Enforcement Deferred Option Plan.
331		-
332	621		G. A member who meets the definition of disability as defined
333	622		in Section 2-300 of this title and whose disability occurred prior
334		-	to the member’s normal retirement date but after completing three
	623	+	to the member’s normal retirement date but after completing th ree RBS No. 3486
	624	+
	625	+	ENGR. S. B. NO. 631 Page 11 1
	626	+	2
	627	+	3
	628	+	4
	629	+	5
	630	+	6
	631	+	7
	632	+	8
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	649	+
335	650		(3) years of vesting service and not by reason of th e performance of
336	651		the member’s duties or as a result of the member ’s willful
337	652		negligence shall receive a monthly benefit equal to two and one -half
338	653		percent (2 1/2%) of the final average salary multiplied by the
339	654		number of years of the member ’s credited service.
340		-
341	655		H. Payment of a disability pension shall commence as of the
342	656		first day of the month coinciding or next following the date of
343	657		retirement and shall continue as long as the member meets the
344	658		definition of total and permanent disability provided in this
345	659		section.
346		-
347	660		I. For the purpose of determining the member ’s disability under
348	661		subsection E, F or G of this section, the member shall be required
349	662		by the Board to be examined by a minimum of two recognized
350	663		physicians selected by the Board to determine the extent of the
351	664		member’s injury or illness. The examining physicians shall furnish
352	665		the Board a detailed written report of the injury or illness of the
353		-
354		-	ENR. S. B. NO. 631 Page 9
355	666		examined member establishing the extent of disability and the
356	667		possibilities of the disabled member being returned to his or her
357	668		regular duties or an alternate occupation or service covered by the
358	669		System after a normal recuperation period. The Board shall require
359	670		all retired disabled members who have not attained th eir normal
360	671		retirement date to submit to a physical examination once each year
361	672		for a minimum of three (3) years following retirement. The Board
362		-	shall select a minimum of two physicians to examine the retired
	673	+	shall select a minimum of two physicians to examine the retired RBS No. 3486
	674	+
	675	+	ENGR. S. B. NO. 631 Page 12 1
	676	+	2
	677	+	3
	678	+	4
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	680	+	6
	681	+	7
	682	+	8
	683	+	9
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363	700		members and pay for their services from the fund . Any retired
364	701		disabled member found no longer disabled by the examining physicians
365	702		to perform the occupation of the member or an alternate occupation
366	703		or service covered by the System shall be required to return to duty
367	704		and complete twenty (20) years of se rvice as provided in subsection
368	705		A of this section, or forfeit all his or her rights and claims under
369	706		Section 2-300 et seq. of this title.
370		-
371	707		J. The disability benefit under this section shall be for the
372	708		lifetime of the member unless such member is found no l onger
373	709		disabled pursuant to subsection I of this section. Such member
374	710		shall not be entitled to the retirement benefit pursuant to
375	711		subsection A of this section unless such member returns to active
376	712		duty and is eligible for a retirement benefit as provided in
377	713		subsection A of this section.
378		-
379	714		K. At the postoffer, preemployment physical examination
380	715		required under paragraph 6 of Section 2 -300 of this title, the
381	716		physician selected by the Board shall determine the extent to which
382	717		a new member is disabled. If a membe r is determined to be partially
383	718		disabled, the physician shall assign a percentage of disability to
384	719		such partial disability. If such member then becomes entitled to a
385	720		disability benefit under either subsection E or subsection G of this
386	721		section, the benefit payable shall be reduced by the percentage
387	722		which such member was determined to be disabled at the postoffer,
388		-	preemployment physical unless the Board makes a determination that
	723	+	preemployment physical unless the Board makes a determination that RBS No. 3486
	724	+
	725	+	ENGR. S. B. NO. 631 Page 13 1
	726	+	2
	727	+	3
	728	+	4
	729	+	5
	730	+	6
	731	+	7
	732	+	8
	733	+	9
	734	+	10
	735	+	11
	736	+	12
	737	+	13
	738	+	14
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	744	+	20
	745	+	21
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	747	+	23
	748	+	24
	749	+
389	750		the initially determined percentage of disability at the
390	751		preemployment physical examination is unrelated to the reason for
391	752		the disability currently sought pursuant to subsection E or
392	753		subsection G of this section. Upon employment, the member shall
393	754		disclose to the Board any disability payments received from any
394	755		source. The amount of disability to be paid to any member cannot
395	756		exceed one hundred percent (100%) disability from all sources. The
396		-
397		-	ENR. S. B. NO. 631 Page 10
398	757		provisions of this subsection shall apply only to members whose
399	758		effective date of membership is on or after July 1, 2000.
400		-
401	759		L. In addition to the pension provided for under subsection F
402	760		of this section, if the member has one or more children under the
403	761		age of eighteen (18) years or under the age of twenty -two (22) years
404	762		if the child is enrolled full -time in and is regularly attending a
405	763		public or private school or any institution of higher education,
406	764		Four Hundred Dollars ($400.00) a month shall be paid from the Fund
407	765		for the support of each surviving child to the member or person
408	766		having the care and custody of such children until each child
409	767		reaches the age of eighteen (18) years or reaches the age of twenty -
410	768		two (22) years if the child is enrolled full -time in and is
411	769		regularly attending a public or private school or any institution of
412	770		higher education.
413		-
414	771		M. Notwithstanding any other provisions in Section 2 -300
415	772		through 2-315 of this title, in order to be eligible to receive
416		-	disability benefits, a member who meets the definition of disability
	773	+	disability benefits, a member who meets the definition of disability RBS No. 3486
	774	+
	775	+	ENGR. S. B. NO. 631 Page 14 1
	776	+	2
	777	+	3
	778	+	4
	779	+	5
	780	+	6
	781	+	7
	782	+	8
	783	+	9
	784	+	10
	785	+	11
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	793	+	19
	794	+	20
	795	+	21
	796	+	22
	797	+	23
	798	+	24
	799	+
417	800		as defined in paragraph 11 of Section 2 -300 of this title shall file
418	801		the member’s completed application for disability benefits with the
419	802		System before such member ’s date of termination from service and
420	803		provide such additional information that the System ’s rules require
421	804		within six (6) months of the System ’s receipt of such application.
422	805		If the member’s completed applicatio n for disability benefits is not
423	806		filed with the System before the member ’s date of termination from
424	807		service or such additional information as is required under the
425	808		System’s rules is not provided within six (6) months of the System ’s
426	809		receipt of such applica tion, such member shall be eligible only for
427	810		such other benefits as are available to members of the System and
428	811		shall not be eligible to receive any disability benefits. For good
429	812		cause shown, the Board of Trustees may waive the requirement that
430	813		the disability application be filed before the member ’s date of
431	814		termination from service. In no event shall a member be eligible to
432	815		receive any disability benefit if the member ’s completed application
433	816		is filed more than six (6) months after the member ’s date of
434	817		termination from service.
435		-
436	818		N. If the requirements of Section 2-305.1C of this title are
437	819		satisfied, a member who, by reason of disability or attainment of
438	820		normal retirement date or age, is separated from service as a public
439	821		safety officer with the member ’s participating employer may elect to
	822	+	have payment made directly to the provider for qualified health
	823	+	insurance premiums by deduction from his or her monthly disability RBS No. 3486
440	824
441		-	ENR. S. B. NO. 631 Page 11
442		-	have payment made directly to the provider for qualified health
443		-	insurance premiums by deduction from his or her monthly disability
	825	+	ENGR. S. B. NO. 631 Page 15 1
	826	+	2
	827	+	3
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	829	+	5
	830	+	6
	831	+	7
	832	+	8
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	847	+	23
	848	+	24
	849	+
444	850		benefit or monthly retirement payment, after December 31, 2006, in
445	851		accordance with Section 40 2(l) of the Internal Revenue Code of 1986,
446	852		as amended. For distributions made after December 29, 2022, the
447	853		election provided for under Section 402(l) of the Internal Revenue
448	854		Code of 1986, as amended, may be made whether payment of the
449	855		premiums is made dir ectly to the provider of the accident or health
450	856		plan or qualified long -term care insurance contract by deduction
451	857		from a distribution from the System or is made to the member.
452		-
453	858		SECTION 2. AMENDATORY 62 O.S. 2021, Section 3103, as
454	859		last amended by Section 1, Chapter 306, O.S.L. 2022 (62 O. S. Supp.
455	860		2023, Section 3103), is amended to read as follows:
456		-
457	861		Section 3103. As used in the Oklahoma Pension Legislation
458	862		Actuarial Analysis Act:
459		-
460	863		1. "Amendment" means any amendment, including a substit ute
461	864		bill, made to a retirement bill by any committee of the House of
462	865		Representatives or Senate, any conference committee of the House or
463	866		Senate or by the House or Senate;
464		-
465	867		2. "RB number" means that number preceded by the letters "RB"
466	868		assigned to a retireme nt bill by the respective staffs of the
467	869		Oklahoma State Senate and the Oklahoma House of Representatives when
468	870		the respective staff office prepares a retirement bill for a member
469	871		of the Legislature;
	872	+	3. "Legislative Actuary" means the firm or entity that ent ers
	873	+	into a contract with the Legislative Service Bureau pursuant to RBS No. 3486
470	874
471		-	3. "Legislative Actuary" means the firm or entity that enters
472		-	into a contract with the Legislative Service Bureau pursuant to
	875	+	ENGR. S. B. NO. 631 Page 16 1
	876	+	2
	877	+	3
	878	+	4
	879	+	5
	880	+	6
	881	+	7
	882	+	8
	883	+	9
	884	+	10
	885	+	11
	886	+	12
	887	+	13
	888	+	14
	889	+	15
	890	+	16
	891	+	17
	892	+	18
	893	+	19
	894	+	20
	895	+	21
	896	+	22
	897	+	23
	898	+	24
	899	+
473	900		Section 452.15 of Title 74 of the Oklahoma Statutes to provide the
474	901		actuarial services and other duties provided for in the Oklahoma
475	902		Pension Legislation Actuarial Analysis Act;
476		-
477	903		4. "Nonfiscal amendment" means an amendment to a retirement
478	904		bill having a fiscal impact, which amendment does not change any
479	905		factor of an actuarial investigation specified in subsection A of
480	906		Section 3109 of this title;
481		-
482	907		5. "Nonfiscal retirement bill" means a retireme nt bill:
483		-
484		-
485		-	ENR. S. B. NO. 631 Page 12
486	908		a. which does not affect the cost or funding factors of a
487	909		retirement system,
488		-
489	910		b. which affects such factors only in a manner which does
490	911		not:
491		-
492	912		(1) grant a benefit increase under the retirement
493	913		system affected by the bill,
494		-
495	914		(2) create an actuarial accr ued liability for or
496	915		increase the actuarial accrued liab ility of the
497	916		retirement system affected by the bill, or
498		-
499	917		(3) increase the normal cost of the retirement system
500	918		affected by the bill,
501		-
502	919		c. which authorizes the purchase by an active member of
503	920		the retirement system, at the actuarial cost for the
504	921		purchase as computed pursuant to the statute in effect
505	922		on the effective date of the measure allowing such
506		-	purchase, of years of service for purposes of reaching
	923	+	purchase, of years of service for purposes of reaching RBS No. 3486
	924	+
	925	+	ENGR. S. B. NO. 631 Page 17 1
	926	+	2
	927	+	3
	928	+	4
	929	+	5
	930	+	6
	931	+	7
	932	+	8
	933	+	9
	934	+	10
	935	+	11
	936	+	12
	937	+	13
	938	+	14
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	948	+	24
	949	+
507	950		a normal retirement date in the applicable retirement
508	951		system, but which cannot be used in order to compute
509	952		the number of years of service for purposes of
510	953		computing the retirement benefit for the member,
511		-
512	954		d. which provides for the computation of a service -
513	955		connected disability retirement benefit for members of
514	956		the Oklahoma Law Enforcement Retirement System
515	957		pursuant to Section 2 -305 of Title 47 of the Oklahoma
516	958		Statutes if the members were unable to complete twenty
517	959		(20) years of service as a result of the disability,
518		-
519	960		e. which requires membership in the defined bene fit plan
520	961		authorized by Section 901 et seq. of Title 74 o f the
521	962		Oklahoma Statutes for persons whose first elected or
522	963		appointed service occurs on or after November 1, 2018,
523	964		if such persons had any prior service in the Oklahoma
524	965		Public Employees Retirement Syst em prior to November
525	966		1, 2015,
526		-
527		-
528		-	ENR. S. B. NO. 631 Page 13
529	967		f. which provides for a one -time increase in retirement
530	968		benefits if the increase in retirement benefits is not
531	969		a permanent increase in the gross annual retirement
532	970		benefit payable to a member or beneficiary, occurs
533	971		only once pursuant to a single statutory authorization
534		-	and does not exceed:
	972	+	and does not exceed: RBS No. 3486
	973	+
	974	+	ENGR. S. B. NO. 631 Page 18 1
	975	+	2
	976	+	3
	977	+	4
	978	+	5
	979	+	6
	980	+	7
	981	+	8
	982	+	9
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	987	+	14
	988	+	15
	989	+	16
	990	+	17
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	992	+	19
	993	+	20
	994	+	21
	995	+	22
	996	+	23
	997	+	24
535	998
536	999		(1) the lesser of two percent (2%) of the gross
537	1000		annual retirement benefit of the member or One
538	1001		Thousand Dollars ($1,000.00) and requires that
539	1002		the benefit may only be provided if the funded
540	1003		ratio of the affected retirement system would not
541	1004		be less than sixty percent (60%) but not greater
542	1005		than eighty percent (80%) after the benefit
543	1006		increase is paid,
544		-
545	1007		(2) the lesser of two percent (2%) of the gross
546	1008		annual retirement benefit of the member or One
547	1009		Thousand Two Hundred Dollars ($1,200.00) and
548	1010		requires that the benefit may only be provided if
549	1011		the funded ratio of the affected retirement
550	1012		system would be greater than eighty percent (80%)
551	1013		but not greater than one hundred percent (100%)
552	1014		after the benefit incr ease is paid,
553		-
554	1015		(3) the lesser of two percent (2%) of the gross
555	1016		annual retirement benefit of the member or One
556	1017		Thousand Four Hundred Dollars ($1,400.00) and
557	1018		requires that the benefit may only be provided if
558	1019		the funded ratio of the affected retirement
559	1020		system would be greater than one hundred percent
560		-	(100%) after the benefit increase is paid, or
	1021	+	(100%) after the benefit increase is paid, or RBS No. 3486
	1022	+
	1023	+	ENGR. S. B. NO. 631 Page 19 1
	1024	+	2
	1025	+	3
	1026	+	4
	1027	+	5
	1028	+	6
	1029	+	7
	1030	+	8
	1031	+	9
	1032	+	10
	1033	+	11
	1034	+	12
	1035	+	13
	1036	+	14
	1037	+	15
	1038	+	16
	1039	+	17
	1040	+	18
	1041	+	19
	1042	+	20
	1043	+	21
	1044	+	22
	1045	+	23
	1046	+	24
561	1047
562	1048		(4) the greater of two percent (2%) of the gross
563	1049		annual retirement benefit of the volunteer
564	1050		firefighter or One Hundred Dollars ($100.00) for
565	1051		persons who retired from th e Oklahoma
566	1052		Firefighters Pension and Retirement System as
567	1053		volunteer firefighters and who did not retire
568	1054		from the Oklahoma Firefighters Pension and
569	1055		Retirement System as a paid firefighter.
570		-
571		-
572		-	ENR. S. B. NO. 631 Page 14
573	1056		As used in this subparagraph, "funded ratio" means the
574	1057		figure derived by dividing the actuarial value of
575	1058		assets of the applic able retirement system by the
576	1059		actuarial accrued liability of the applicable
577	1060		retirement system,
578		-
579	1061		g. which modifies the disability pension standard for
580	1062		police officers who are members of the Oklahoma Pol ice
581	1063		Pension and Retirement System as provided by Section 3
582	1064		of this act Section 50-115 of Title 11 of the Oklahoma
583	1065		Statutes,
584		-
585	1066		h. which provides a cost -of-living benefit increase
586	1067		pursuant to the provisions of:
587		-
588	1068		(1) Section 49-143.7 of Title 11 of the Oklahoma
589	1069		Statutes,
	1070	+	(2) Section 50-136.9 of Title 11 of the Oklaho ma
	1071	+	Statutes, RBS No. 3486
590	1072
591		-	(2) Section 50-136.9 of Title 11 of the Oklahoma
592		-	Statutes,
	1073	+	ENGR. S. B. NO. 631 Page 20 1
	1074	+	2
	1075	+	3
	1076	+	4
	1077	+	5
	1078	+	6
	1079	+	7
	1080	+	8
	1081	+	9
	1082	+	10
	1083	+	11
	1084	+	12
	1085	+	13
	1086	+	14
	1087	+	15
	1088	+	16
	1089	+	17
	1090	+	18
	1091	+	19
	1092	+	20
	1093	+	21
	1094	+	22
	1095	+	23
	1096	+	24
593	1097
594	1098		(3) Section 1104K of Title 20 of the Oklahoma
595	1099		Statutes,
596		-
597	1100		(4) Section 2-305.12 of Title 47 of the Oklahoma
598	1101		Statutes,
599		-
600	1102		(5) Section 17-116.22 of Title 70 of the Oklahoma
601	1103		Statutes,
602		-
603	1104		(6) Section 930.11 of Title 74 of the Oklahoma
604	1105		Statutes, or
605		-
606	1106		i. which modifies the computation of the line -of-duty
607	1107		disability benefit pursuant to the provisions of this
608	1108		act this section and Sections 50-101 and 50-115 of
609	1109		Title 11 of the Oklahoma Statutes , or
610		-
611	1110		j. which reinstates annual retirement pay for a member of
612	1111		the Oklahoma Law Enforcement Retirement System whose
613	1112		first participating service with the System occurred
614		-
615		-	ENR. S. B. NO. 631 Page 15
616	1113		on or after November 1, 2012 , pursuant to Section 2 -
617	1114		305 of Title 47 of the Oklahoma Statutes .
618		-
619	1115		A nonfiscal retirement bill shall include any retirement bill that
620	1116		has as its sole purpose the appropriation or distribution or
621	1117		redistribution of monies in some manner to a retirement system for
622	1118		purposes of reducing the unfunded liability of such system or the
623	1119		earmarking of a portion of the revenue from a tax to a retir ement
624	1120		system or increasing the percentage of the revenue earmarked from a
625		-	tax to a retirement system;
	1121	+	tax to a retirement system; RBS No. 3486
	1122	+
	1123	+	ENGR. S. B. NO. 631 Page 21 1
	1124	+	2
	1125	+	3
	1126	+	4
	1127	+	5
	1128	+	6
	1129	+	7
	1130	+	8
	1131	+	9
	1132	+	10
	1133	+	11
	1134	+	12
	1135	+	13
	1136	+	14
	1137	+	15
	1138	+	16
	1139	+	17
	1140	+	18
	1141	+	19
	1142	+	20
	1143	+	21
	1144	+	22
	1145	+	23
	1146	+	24
626	1147
627	1148		6. "Reduction-in-cost amendment" means an amendment to a
628	1149		retirement bill having a fiscal impact w hich reduces the cost of the
629	1150		bill as such cost is determined by the actuarial investigation for
630	1151		the bill prepared pursuant to Section 3109 of this title;
631		-
632	1152		7. "Retirement bill" means any bill or joint resolution
633	1153		introduced or any bill or joint resolution am ended by a member of
634	1154		the Oklahoma Legislature which crea tes or amends any law directly
635	1155		affecting a retirement system. A retirement bill shall not mean a
636	1156		bill or resolution that impacts the revenue of any state tax in
637	1157		which a portion of the revenue generat ed from such tax is earmarked
638	1158		for the benefit of a retirement system;
639		-
640	1159		8. "Retirement bill having a fiscal impact" means any
641	1160		retirement bill creating or establishing a retirement system and any
642	1161		other retirement bill other than a nonfiscal retirement bill; and
643		-
644	1162		9. "Retirement system" means the Teachers' Retireme nt System of
645	1163		Oklahoma, the Oklahoma Public Employees Retirement System, the
646	1164		Uniform Retirement System for Justices and Judges, the Oklahoma
647	1165		Firefighters Pension and Retirement System, the Oklahoma Pol ice
648	1166		Pension and Retirement System, the Oklahoma Law Enforcement
649	1167		Retirement System, or a retirement system established after January
650	1168		1, 2006.
651		-
652	1169		SECTION 3. Section 1 of this act shall become effective in
653	1170		accordance with Section 58 of Article V of the Oklahoma
654		-	Constitution.
	1171	+	Constitution. RBS No. 3486
	1172	+
	1173	+	ENGR. S. B. NO. 631 Page 22 1
	1174	+	2
	1175	+	3
	1176	+	4
	1177	+	5
	1178	+	6
	1179	+	7
	1180	+	8
	1181	+	9
	1182	+	10
	1183	+	11
	1184	+	12
	1185	+	13
	1186	+	14
	1187	+	15
	1188	+	16
	1189	+	17
	1190	+	18
	1191	+	19
	1192	+	20
	1193	+	21
	1194	+	22
	1195	+	23
	1196	+	24
655	1197
656	1198		SECTION 4. Section 2 of this act shall become effective July 1,
657	1199		2024.
658		-
659		-	ENR. S. B. NO. 631 Page 16
660		-
661	1200		SECTION 5. It being immediately necessary for the preservation
662	1201		of the public peace, health or safety, an emergency is her eby
663	1202		declared to exist, by reason whereof this act shall take effect and
664	1203		be in full force from and after its passage and approval.
665		-
666		-
667		-	ENR. S. B. NO. 631 Page 17
668		-	Passed the Senate the 29th day of May, 2024.
	1204	+	Passed the Senate the 14th day of March, 2024.
669	1205
670	1206
671	1207
672	1208		Presiding Officer of the Senate
673	1209
674	1210
675		-	Passed the House of Representatives the 25th day of April, 2024.
	1211	+	Passed the House of Representatives the ____ day of __________,
	1212	+	2024.
676	1213
677	1214
678	1215
679	1216		Presiding Officer of the House
680	1217		of Representatives
681	1218
682		-	OFFICE OF THE GOVERNOR
683		-	Received by the Office of the Governor this _______ _____________
684		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
685		-	By: _________________________________
686		-	Approved by the Governor of the State of Oklahoma this _______ __
687		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
688	1219
689		-	_________________________________
690		-	Governor of the State of Oklahoma
691		-
692		-
693		-	OFFICE OF THE SECRETARY OF STATE
694		-	Received by the Office of the Secretary of State this _______ ___
695		-	day of _________________ _, 20 _______, at _______ o'clock _______ M.
696		-	By: _____________________ ____________