1 | | - | RBS No. 1061 |
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3 | | - | SENATE FLOOR VERSION - SB692 SFLR Page 1 |
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4 | | - | (Bold face denotes Committee Amendments) 1 |
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28 | | - | |
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29 | | - | SENATE FLOOR VERSION |
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30 | | - | February 28, 2024 |
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31 | | - | AS AMENDED |
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32 | | - | |
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33 | | - | SENATE BILL NO. 692 By: Murdock, Burns, and Bullard |
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34 | | - | of the Senate |
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35 | | - | |
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36 | | - | and |
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37 | | - | |
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38 | | - | Hays of the House |
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39 | | - | |
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40 | | - | |
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41 | | - | |
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42 | | - | |
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43 | | - | [ public retirement systems - membership - |
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44 | | - | contributions - death benefits ] |
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45 | | - | |
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| 2 | + | RBS No. 1061 |
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| 4 | + | Req. No. 1061 Page 1 1 |
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| 53 | + | STATE OF OKLAHOMA |
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| 54 | + | |
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| 55 | + | 1st Session of the 59th Legislature (2023) |
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| 56 | + | |
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| 57 | + | SENATE BILL 692 By: Murdock |
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| 58 | + | |
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| 59 | + | |
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| 60 | + | |
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| 61 | + | |
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| 62 | + | |
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| 63 | + | AS INTRODUCED |
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| 64 | + | |
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| 65 | + | An Act relating to public retirement systems ; |
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| 66 | + | amending 74 O.S. 2021, Sections 90 2, 915, 916.3, |
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| 67 | + | 919.1, and 920A, which r elate to the Oklahoma Public |
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| 68 | + | Employees Retirement System definitions, benefit |
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| 69 | + | amount, and contributions ; providing for membership |
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| 70 | + | by emergency medical personnel; conforming language; |
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| 71 | + | establishing employee and employer contributions; |
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| 72 | + | updating statutory language; and providing for death |
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| 73 | + | benefits. |
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50 | | - | SECTION 1. AMENDATORY 74 O.S. 2021, Section 902, as |
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51 | | - | amended by Section 2, Chapter 146, O.S.L. 2023 (74 O.S. Supp. 2023, |
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52 | | - | Section 902), is amended to read as follows: |
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| 78 | + | SECTION 1. AMENDATORY 74 O.S. 2021, Section 902, is |
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| 79 | + | amended to read as follows: |
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87 | 138 | | |
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88 | 139 | | (4) “Actuarial equivalent ” means a deferred income be nefit of |
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89 | 140 | | equal value to the accumulated deposits or benefits when computed |
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90 | 141 | | upon the basis of the actuarial tables in use by the System; |
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91 | 142 | | (5) “Actuarial tables” means the actuarial tables approved and |
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92 | 143 | | in use by the Board at any given time; |
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93 | 144 | | (6) “Actuary” means the actuary or firm of a ctuaries employed |
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94 | 145 | | by the Board at any given time; |
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95 | 146 | | (7) “Beneficiary” means any person named by a member to receive |
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96 | 147 | | any benefits as provided for by Section 901 et seq. of this title. |
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97 | 148 | | If there is no beneficiary living at time of member employee’s |
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98 | 149 | | death, the member’s estate shall be the beneficiary; |
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99 | 150 | | (8) “Board” means the Oklahoma Public Employees Retirement |
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100 | 151 | | System Board of Trustees; |
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101 | 152 | | (9) “Compensation” means all salary and wages, as defined by |
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102 | 153 | | the Board of Trustees, including amou nts deferred under deferred |
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103 | 154 | | compensation agreements entered into between a member and a |
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104 | 155 | | participating employer, but exclusive of. Compensation shall not |
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105 | 156 | | mean payment for overtime, payable to a member of the System for |
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106 | 157 | | personal services performed for a par ticipating employer but shall |
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107 | 158 | | not include, compensation or reim bursement for traveling, or moving |
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108 | 159 | | expenses, or any compensation in excess of the maximum compensation |
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137 | 212 | | (a) For compensation for service prior to January 1, 1988, |
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138 | 213 | | the maximum compensation level shall be Twe nty-five |
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139 | 214 | | Thousand Dollars ($25,000 .00) per annum. |
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140 | 215 | | For compensation for service on or after January 1, |
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141 | 216 | | 1988, through June 30, 1994, the maximum compensation |
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142 | 217 | | level shall be Forty Thousand Dollars ($40,000.00) per |
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143 | 218 | | annum. |
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144 | 219 | | For compensation for service on or aft er July 1, 1994, |
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145 | 220 | | through June 30, 1995, the maximum compensation level |
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146 | 221 | | shall be Fifty Thousand Dol lars ($50,000.00) per |
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147 | 222 | | annum; for compensation for service on or after July |
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148 | 223 | | 1, 1995, through June 30, 1996, the maximum |
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149 | 224 | | compensation level shall be Sixty Thous and Dollars |
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150 | 225 | | ($60,000.00) per annum ; for compensation for service |
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151 | 226 | | on or after July 1, 1996, through June 30, 1997, the |
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152 | 227 | | maximum compensation level shall be Seventy Thousand |
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153 | 228 | | Dollars ($70,000.00) per annum; and for compensation |
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154 | 229 | | for service on or after July 1, 1997, through June 30, |
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155 | 230 | | 1998, the maximum compensation level shall be Eighty |
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156 | 231 | | Thousand Dollars ($80, 000.00) per annum. For |
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157 | 232 | | compensation for services on or after July 1, 1998, |
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158 | 233 | | there shall be no maximum compensation level for |
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187 | 286 | | (b) Compensation for retirement purposes shall include any |
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188 | 287 | | amount of elective salary reduction under Section 4 57 |
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189 | 288 | | of the Internal Revenue Code of 1986 and any amount of |
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190 | 289 | | nonelective salary reduction under Section 414(h) of |
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191 | 290 | | the Internal Revenue Code of 1986. |
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192 | 291 | | (c) Notwithstanding any provision to the contr ary, the |
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193 | 292 | | compensation taken into account for any employee in |
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194 | 293 | | determining the contribution or benefit accruals for |
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195 | 294 | | any plan year is limited subject to the annual |
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196 | 295 | | compensation limit under Section 401(a)(17) of the |
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197 | 296 | | federal Internal Revenue Code. |
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198 | 297 | | (d) Current appointed members of the O klahoma Tax |
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199 | 298 | | Commission whose salary is constitu tionally limited |
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200 | 299 | | and is less than the highest salary allowed by law for |
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201 | 300 | | his or her position shall be allowed, within nine ty |
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202 | | - | (90) days from March 21, 2001, to make an election to |
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203 | | - | use the highest salary allowed by law for the position |
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204 | | - | to which the member was appointed for the purposes of |
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205 | | - | making contributions and determination of r etirement |
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| 301 | + | (90) days from the effective date of this act March |
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| 302 | + | 21, 2001, to make an election to use the highest |
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| 303 | + | salary allowed by law for the position to whic h the |
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| 304 | + | member was appointed for the purposes of making |
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| 305 | + | contributions and determination of retirement |
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209 | | - | Oklahoma Tax Commission after the March 21, 2001, |
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210 | | - | shall make such election, pursuant to this RBS No. 1061 |
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211 | | - | |
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212 | | - | SENATE FLOOR VERSION - SB692 SFLR Page 5 |
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213 | | - | (Bold face denotes Committee Amendments) 1 |
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238 | | - | subparagraph, within ninety (90) day s of taking |
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239 | | - | office; |
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| 309 | + | Oklahoma Tax Commission after the effective date of |
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| 310 | + | RBS No. 1061 |
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| 361 | + | this act March 21, 2001, shall make such election, |
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| 362 | + | pursuant to this subparagraph, within ninety (90) days |
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| 363 | + | of taking office; |
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240 | 364 | | (10) “Credited service” means the sum of partic ipating service, |
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241 | 365 | | prior service and elected ser vice; |
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242 | 366 | | (11) “Dependent” means a parent, child, or spouse of a member |
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243 | 367 | | who is dependent upon the member for at least one -half (1/2) of the |
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244 | 368 | | member’s support; |
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245 | 369 | | (12) “Effective date” means the date upon which the Sy stem |
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246 | 370 | | becomes effective by operation of law; |
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247 | 371 | | (13) “Eligible employer” means the state and any county, county |
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248 | 372 | | hospital, city or town, con servation districts, circuit engineer ing |
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249 | 373 | | districts and any public or private trust in wh ich a county, city or |
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250 | 374 | | town participates and is the primary beneficiary, is to be an |
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251 | | - | eligible employer for the purpose of Section 901 et seq. of this |
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252 | | - | title only, whose employees are covered by Social Security and are |
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253 | | - | not covered by or el igible for another retirement plan authorized |
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254 | | - | under the laws of this state which is in operation on the initial |
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255 | | - | entry date. Emergency medical service districts may join the System |
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256 | | - | upon proper application to the Board. Provided , affiliation by a |
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257 | | - | county hospital shall be in the form of a resolution adopted by the |
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258 | | - | board of control. |
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| 375 | + | eligible employer for the purpose of this act only, whose employees |
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| 376 | + | are covered by Social Security and are not covered by or eligible |
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| 377 | + | for another retirement plan authorized under the laws of this state |
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| 378 | + | which is in operation on the initial entry date. Emergency medical |
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| 379 | + | service districts may join the System upon proper application to the |
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| 380 | + | Board. Provided, affiliation by a cou nty hospital shall be in the |
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| 381 | + | form of a resolution a dopted by the board of control. |
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288 | 435 | | |
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289 | 436 | | become eligible for another retireme nt plan authorized |
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290 | 437 | | under the laws of this state, which is in operation on |
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291 | 438 | | the effective date, such employe r shall be deemed an |
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292 | 439 | | eligible employer, but only with respect to that class |
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293 | 440 | | or those classes of employees as defined in this |
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294 | 441 | | section. |
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295 | 442 | | (b) A class or several classes of employees who are |
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296 | 443 | | covered by Social Securi ty and are not covered by or |
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297 | 444 | | eligible for and will not become eligible for another |
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298 | 445 | | retirement plan authorized under the laws of this |
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299 | 446 | | state, which is in operation on the eff ective date, |
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300 | 447 | | and when the qualifications for employ ment in such |
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301 | 448 | | class or classes are set by state law; and when such |
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302 | 449 | | class or classes of employees are employed by a county |
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303 | 450 | | or municipal government pursuant to such |
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304 | 451 | | qualifications; and when the services provi ded by such |
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305 | 452 | | employees are of such nature that they qualify for |
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306 | 453 | | matching by or contri butions from state or federal |
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307 | 454 | | funds administered by an agency of state government |
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308 | 455 | | which qualifies as a participating employer, then the |
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309 | 456 | | agency of state government administe ring the state or |
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310 | 457 | | federal funds shall be deemed an eligible employer, |
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311 | 458 | | but only with respect to that class or those classes |
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339 | 510 | | |
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340 | 511 | | that the required contributions to the ret irement plan |
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341 | 512 | | may be withheld from the contributions of state or |
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342 | 513 | | federal funds administer ed by the state agency and |
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343 | 514 | | transmitted to the System on the same basis as the |
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344 | 515 | | employee and employer contributions are transmitted |
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345 | 516 | | for the direct employees of the state agency. The |
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346 | 517 | | retirement or eligibilit y for retirement under t he |
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347 | 518 | | provisions of law provid ing pensions for service as a |
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348 | 519 | | volunteer firefighter shall not render any person |
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349 | 520 | | ineligible for participation in the benefits provided |
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350 | 521 | | for in Section 901 et seq. of this title. An employee |
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351 | 522 | | of any public or private trust in which a county, city |
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352 | 523 | | or town participates and is the primary benef iciary |
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353 | 524 | | shall be deemed to be an eligible emplo yee for the |
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391 | 588 | | Retirement System pursuant to Section 913.9 of thi s |
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392 | 589 | | title shall continue to be eligible employees for the |
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393 | 590 | | purposes of the Oklahoma Public Employees Retirement |
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394 | 591 | | System. CompSource Mutual Insurance Company shall be |
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395 | 592 | | considered a participating employer only for such |
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396 | 593 | | employees. |
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397 | 594 | | (e) All employees of a successor organization, as defined |
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398 | 595 | | by Section 5-60.12 of Title 2 of the Oklahoma |
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399 | 596 | | Statutes, who retain membership in the Oklahoma Public |
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400 | 597 | | Employees Retirement System pursuant to Section 5- |
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401 | 598 | | 60.35 of Title 2 of the Oklahoma Statutes shall |
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402 | 599 | | continue to be eligible employe es for the purposes of |
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403 | 600 | | the Oklahoma Public Employees Retirement System. A |
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404 | 601 | | successor organization shall be considered a |
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405 | 602 | | participating employer only for such employ ees. |
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406 | 603 | | (f) A participating employer of the Teachers ’ Retirement |
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407 | 604 | | System of Oklahoma, who has one or more employees who |
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408 | 605 | | have made an election pursuant to enabling legislation |
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409 | 606 | | to retain membership in the System as a result of |
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410 | 607 | | change in administration, shall be considered a |
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411 | 608 | | participating employer of the Oklahoma Public |
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412 | 609 | | Employees Retirement System only f or such employees; |
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442 | 663 | | temporary and whose employment r equires at least one thous and |
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443 | 664 | | (1,000) hours of work per year and whose s alary or wage is equa l to |
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444 | 665 | | the hourly rate of the monthly m inimum wage for state employees. |
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445 | 666 | | For those eligible employers outlined in Section 910 of th is title, |
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446 | 667 | | the rate shall be equal to the hourly rate of the monthly minimum |
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447 | 668 | | wage for that employer. Each employer, whose minim um wage is less |
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448 | 669 | | than the state’s minimum wage, shall inform the System of the |
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449 | 670 | | minimum wage for that employer. This notification shall be by |
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450 | 671 | | resolution of the gove rning body. |
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451 | 672 | | (a) Any employee of the county extension agents who is not |
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452 | 673 | | currently participatin g in the Teachers’ Retirement |
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453 | 674 | | System of Oklahoma shall be a member of this System. |
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454 | 675 | | (b) Eligibility shall not include any employee who is a |
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455 | 676 | | contributing member of t he United States Civil Ser vice |
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456 | 677 | | Retirement System. |
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457 | 678 | | (c) It shall be mandatory for an officer, a ppointee or |
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458 | 679 | | employee of the office of district attorney to become |
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459 | 680 | | a member of this Syste m if he or she is not currently |
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460 | 681 | | participating in a county retirement system . Provided |
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461 | 682 | | further, that if an officer, appointee or employee of |
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462 | 683 | | the office of district atto rney is currently |
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463 | 684 | | participating in such county retirement system, he or |
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493 | 738 | | eligible officer, appointee or employee of the office |
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494 | 739 | | of district attorney sh all be given credit for prior |
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495 | 740 | | service as defined in this section. The provisions |
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496 | 741 | | outlined in Section 917 of this title shall app ly to |
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497 | 742 | | those employees who have pre viously withdrawn their |
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498 | 743 | | contributions. |
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499 | 744 | | (d) Eligibility shall also not in clude any officer or |
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500 | 745 | | employee of the Oklahoma Employment S ecurity |
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501 | 746 | | Commission, except for those officers and e mployees of |
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502 | 747 | | the Commission electing to tr ansfer to this System |
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503 | 748 | | pursuant to the provisions of Section 910.1 of this |
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504 | 749 | | title or any other class of offi cers or employees |
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505 | 750 | | specifically exempted by the laws of thi s state, |
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506 | 751 | | unless there be a consolidation as provide d by Section |
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507 | 752 | | 912 of this title. Employee s of the Oklahoma |
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508 | 753 | | Employment Security Commission who are ine ligible for |
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509 | 754 | | enrollment in the Oklahoma Employment Security |
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510 | 755 | | Commission Retirement Plan, that was in effec t on |
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511 | 756 | | January 1, 1964, shall become members of this System. |
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512 | 757 | | (e) Any employee employed by the Legislati ve Service |
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513 | | - | Bureau, Senate or House of Representatives for the |
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514 | | - | full duration of a regular legislative se ssion shall |
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515 | | - | be eligible for membership in the System regardless of |
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516 | | - | classification as a temporary employee and may RBS No. 1061 |
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517 | | - | |
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518 | | - | SENATE FLOOR VERSION - SB692 SFLR Page 11 |
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519 | | - | (Bold face denotes Committee Amendments) 1 |
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543 | | - | |
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544 | | - | participate in the System during the regular |
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| 758 | + | Bureau, State Senate or House of Representatives for |
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| 759 | + | the full duration of a regular legislative session |
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| 760 | + | RBS No. 1061 |
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| 761 | + | |
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| 762 | + | Req. No. 1061 Page 11 1 |
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| 810 | + | |
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| 811 | + | shall be eligible for membership in the System |
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| 812 | + | regardless of classification as a temporary employee |
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| 813 | + | and may participate in the System during the regular |
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551 | | - | Bureau, the Senate if such employee is employed by the |
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552 | | - | Senate, or by the House of Representati ves if such |
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553 | | - | employee is employed by the House of Re presentatives. |
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554 | | - | Each regular legislative session during which the |
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555 | | - | legislative employee or an em ployee of the Legislative |
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556 | | - | Service Bureau participates full time shall be counted |
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557 | | - | as six (6) months of full -time participating service. |
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| 820 | + | Bureau, the State Senate if such employee is employ ed |
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| 821 | + | by the State Senate, or by the House of |
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| 822 | + | Representatives if such employee is employed by the |
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| 823 | + | House of Representatives. Each regular legislative |
---|
| 824 | + | session during which the legislative employee or an |
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| 825 | + | employee of the Legislative Service Bureau |
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| 826 | + | participates full time shall be counted as six (6) |
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| 827 | + | months of full-time participating service. |
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558 | 828 | | (i) Except as otherwise provided by this |
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559 | 829 | | subparagraph, once a temporar y session employee |
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560 | 830 | | makes a choice to participate or not, the choice |
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561 | 831 | | shall be binding for all future legisl ative |
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562 | 832 | | sessions during which the employee is emplo yed. |
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563 | 833 | | (ii) Notwithstanding the provisions of divisio n (i) of |
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564 | 834 | | this subparagraph, any employee, who is e ligible |
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595 | 889 | | Representatives after January 1, 1989, may file |
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596 | 890 | | an election, in a man ner specified by the Board, |
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597 | 891 | | to participate as a me mber of the System prior to |
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598 | 892 | | September 1, 1989. |
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599 | 893 | | (iii) Notwithstanding the provisions of division (i) of |
---|
600 | 894 | | this subparagraph, a temporary legislative |
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601 | 895 | | session employee who elected to become a member |
---|
602 | 896 | | of the System may withdraw from the System |
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604 | 898 | | participate in the System upon writt en request to |
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605 | 899 | | the Board. Any such request mus t be received by |
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606 | 900 | | the Board prior to October 1, 1990. All employee |
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607 | 901 | | contributions made by the te mporary legislative |
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608 | 902 | | session employee shall be returned to the |
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609 | 903 | | employee without interest w ithin four (4) months |
---|
610 | 904 | | of receipt of the written request. |
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611 | 905 | | (iv) A member of the System who did not initially |
---|
612 | 906 | | elect to participate as a member of the System |
---|
613 | 907 | | pursuant to this subparagraph shall be able to |
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614 | 908 | | acquire service perfo rmed as a temporary |
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615 | 909 | | legislative session employee for periods of |
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645 | 963 | | a. the member files an election with the Syst em |
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646 | 964 | | not later than December 31, 2000, to |
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647 | 965 | | purchase the prior service; and |
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648 | 966 | | b. the member makes payment to the System o f |
---|
649 | 967 | | the actuarial cost of the service credit |
---|
650 | 968 | | pursuant to subsection A of Section 913.5 of |
---|
651 | 969 | | this title. The provisions of Section 913.5 |
---|
652 | 970 | | of this title shall be applicable to the |
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653 | 971 | | purchase of the servic e credit, including |
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654 | 972 | | the provisions for determining service |
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655 | 973 | | credit in the event of incomplete payment |
---|
656 | 974 | | due to cessation of payments, death, |
---|
657 | 975 | | termination of employment or retirement, but |
---|
658 | 976 | | the payment may extend for a period not to |
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659 | 977 | | exceed ninety-six (96) months; |
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660 | 978 | | (15) “Entry date” means the date on which an eligible empl oyer |
---|
661 | 979 | | joins the System. The first entry date p ursuant to Section 901 et |
---|
662 | 980 | | seq. of this title shall be January 1, 1964; |
---|
663 | 981 | | (16) “Executive Director” means the managing officer of the |
---|
664 | 982 | | System employed by the Board under Section 901 et se q. of this |
---|
665 | 983 | | title; |
---|
696 | 1038 | | (18) “Final average compen sation” means the average annual |
---|
697 | 1039 | | compensation, including amo unts deferred under deferred compensation |
---|
698 | 1040 | | agreements entered into between a member and a p articipating |
---|
699 | 1041 | | employer, up to, but not exceeding the maximum compensation levels |
---|
700 | 1042 | | as provided in paragraph ( 9) of this section received during the |
---|
701 | 1043 | | highest three (3) of the last ten (10) years of participating |
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702 | 1044 | | service immediately preceding retirement or termi nation of |
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703 | 1045 | | employment and with respect to members wh ose first participating |
---|
704 | 1046 | | service occurs on or after July 1, 2013, the compensation receive d |
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705 | 1047 | | during the highest five (5) of the last ten (10) years of |
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706 | 1048 | | participating service immediately preceding retirement o r |
---|
707 | 1049 | | termination of employment. Provided, no member s hall retire with a |
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708 | 1050 | | final average compensation unless th e member has made the required |
---|
709 | 1051 | | contributions on such compens ation, as defined by the Board of |
---|
710 | 1052 | | Trustees; |
---|
711 | 1053 | | (19) “Fiscal year” means the period commencin g July 1 of any |
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712 | 1054 | | year and ending June 30 of the next year. The fiscal year is the |
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713 | 1055 | | plan year for purposes o f the federal Internal Revenue Cod e; |
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714 | 1056 | | however, the calendar y ear is the limitation year for purposes of |
---|
715 | 1057 | | Section 415 of the federal Internal Revenue Cod e; |
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747 | 1113 | | acknowledged to the Board, and which after the effective date does |
---|
748 | 1114 | | not exceed two (2) years; |
---|
749 | 1115 | | (22) “Member” means an eligible employee or elected official |
---|
750 | 1116 | | who is in the System and i s making the required employee or elected |
---|
751 | 1117 | | official contributions, or any former employee o r elected official |
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752 | 1118 | | who shall have made the required contributions to the System and |
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753 | 1119 | | shall have not receive d a refund or withdrawal; |
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754 | 1120 | | (23) “Military service” means service in the Armed Forces of |
---|
755 | 1121 | | the United States by an honorably discharged person during the |
---|
756 | 1122 | | following time periods, as reflected on such perso n’s Defense |
---|
757 | 1123 | | Department Form 214, not to exceed five (5) years for combined |
---|
758 | 1124 | | participating and/or prior service, as f ollows: |
---|
759 | 1125 | | (a) during the following periods, incl uding the beginning |
---|
760 | 1126 | | and ending dates, and on ly for the periods served, |
---|
761 | 1127 | | from: |
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762 | 1128 | | (i) April 6, 1917, to November 11, 1918, commonly |
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763 | 1129 | | referred to as World Wa r I, |
---|
764 | 1130 | | (ii) September 16, 1940, to D ecember 7, 1941, as a |
---|
765 | 1131 | | member of the 45th Division, |
---|
798 | 1188 | | (v) February 28, 1961, to May 7, 1975, comm only |
---|
799 | 1189 | | referred to as the Vietnam era, except th at: |
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800 | 1190 | | a. for the period from February 28, 1961 , to |
---|
801 | 1191 | | August 4, 1964, military service shall only |
---|
802 | 1192 | | include service in the Republic of Vietnam |
---|
803 | 1193 | | during that period, and |
---|
804 | 1194 | | b. for purposes of deter mining eligibility for |
---|
805 | 1195 | | education and training benefits, such period |
---|
806 | 1196 | | shall end on December 31, 1976, or |
---|
807 | 1197 | | (vi) August 1, 1990, to December 31, 1991, commonly |
---|
808 | 1198 | | referred to as the Gulf War, the Persian Gulf |
---|
809 | 1199 | | War, or Operation Des ert Storm, but excluding any |
---|
810 | 1200 | | person who served on active dut y for training |
---|
811 | 1201 | | only, unless discharged from su ch active duty for |
---|
812 | 1202 | | a service-connected disability; |
---|
813 | 1203 | | (b) during a period of war or combat militar y operation |
---|
814 | 1204 | | other than a conflict, war or era listed in |
---|
815 | 1205 | | subparagraph (a) of this paragrap h, beginning on the |
---|
816 | 1206 | | date of Congressional authorization, Congressional |
---|
849 | 1263 | | served, and only for the period served, in the area of |
---|
850 | 1264 | | responsibility of the war or combat military |
---|
851 | 1265 | | operation, but excluding a person who served on active |
---|
852 | 1266 | | duty for training only, unless discharged f rom such |
---|
853 | 1267 | | active duty for a service -connected disability, and |
---|
854 | 1268 | | provided that the burden of p roof of military service |
---|
855 | 1269 | | during this period shall b e with the member, who must |
---|
856 | 1270 | | present appropriate documen tation establishing such |
---|
857 | 1271 | | service. |
---|
858 | 1272 | | An eligible member under t his paragraph shall include only those |
---|
859 | 1273 | | persons who shall have served during the times or i n the areas |
---|
860 | 1274 | | prescribed in this paragraph, and only if such person provides |
---|
861 | 1275 | | appropriate documentation in su ch time and manner as required by the |
---|
862 | 1276 | | System to establish su ch military service prescribed in this |
---|
863 | 1277 | | paragraph, or for service pursuant to subdivision a of division (v) |
---|
864 | 1278 | | of subparagraph (a) of this paragr aph those persons who were awarded |
---|
865 | 1279 | | service medals, as a uthorized by the United States Dep artment of |
---|
866 | 1280 | | Defense as reflected in the veteran ’s Defense Department Form 214, |
---|
867 | 1281 | | related to the Vietnam Conflict for se rvice prior to August 5, 1964; |
---|
907 | | - | on or after November 1, 2011, who reach a minimum |
---|
908 | | - | age of sixty (60) years and who also reach a |
---|
909 | | - | normal retirement date pursuant to subpara graph c |
---|
910 | | - | of this paragraph, |
---|
| 1345 | + | on or after November 1, 2011, reaches who reach a |
---|
| 1346 | + | minimum age of sixty (60) years and who also |
---|
| 1347 | + | reaches reach a normal retirement date pursuant |
---|
| 1348 | + | to subparagraph c of this paragraph, |
---|
911 | 1349 | | (b) for any person who initially became a member prior to |
---|
912 | 1350 | | July 1, 1992, and who does not reach a normal |
---|
913 | 1351 | | retirement date pursuant to divis ion (1) of |
---|
914 | 1352 | | subparagraph (a) of this paragraph, the first day of |
---|
915 | 1353 | | the month coinciding with or followi ng the date at |
---|
916 | 1354 | | which the sum of a member ’s age and number of years of |
---|
917 | 1355 | | credited service total eighty (80); such a normal |
---|
918 | 1356 | | retirement date will also apply to a ny person who |
---|
950 | 1412 | | (c) for any person who beca me a member after June 30, |
---|
951 | 1413 | | 1992, but prior to November 1, 20 11, and who does not |
---|
952 | 1414 | | reach a normal retirement date pursuant to division |
---|
953 | 1415 | | (1) of subparagraph (a) of this paragraph, the first |
---|
954 | 1416 | | day of the month coinciding with or following the date |
---|
955 | 1417 | | at which the sum of a member’s age and number of years |
---|
956 | 1418 | | of credited service total ninety (90), |
---|
957 | 1419 | | (d) in addition to subparagraphs (a), (b) and (c) of th is |
---|
958 | 1420 | | paragraph, the first day of the month coinciding with |
---|
959 | 1421 | | or following a member ’s completion of at least twenty |
---|
960 | 1422 | | (20) years of full-time-equivalent employment as: |
---|
961 | 1423 | | (i) a correctional or probation and parole officer |
---|
962 | 1424 | | with the Department of Corrections and at th e |
---|
963 | 1425 | | time of retirement, the member was a correctional |
---|
964 | 1426 | | or probation and parole officer with the |
---|
1007 | | - | retirement, |
---|
1008 | | - | (iii) a firefighter with the Military Department of the |
---|
1009 | | - | State of Oklahoma either employed for the first |
---|
1010 | | - | time on or after July 1, 2002, or who was |
---|
1011 | | - | employed prior to July 1, 2 002, in such position |
---|
1012 | | - | and who makes the elec tion authorized by d ivision |
---|
1013 | | - | (2) of subparagraph b of paragraph (9) of |
---|
1014 | | - | subsection A of Section 915 of this title and at |
---|
1015 | | - | the time of retirement, the member was a |
---|
1016 | | - | firefighter with the Military Department of the |
---|
1017 | | - | State of Oklahoma, and such member has at least |
---|
1018 | | - | twenty (20) years of credited service u pon which |
---|
1019 | | - | the two and one-half percent (2 1/2%) multiplier |
---|
1020 | | - | will be used in calculating the retirement |
---|
1021 | | - | benefit, |
---|
| 1493 | + | retirement, or |
---|
| 1494 | + | (iii) a firefighter with the Oklahoma Military |
---|
| 1495 | + | Department of the State of Oklahoma either |
---|
| 1496 | + | employed for the first time on or after J uly 1, |
---|
| 1497 | + | 2002, or who was employed p rior to July 1, 2002, |
---|
| 1498 | + | in such position and who makes the electio n |
---|
| 1499 | + | authorized by division (2) of subparagraph b of |
---|
| 1500 | + | paragraph (9) of subsection A of Section 915 of |
---|
| 1501 | + | this title and at the time of retirement, the |
---|
| 1502 | + | member was a firefighter with the Oklahoma |
---|
| 1503 | + | Military Department of the State of Oklahoma, and |
---|
| 1504 | + | such member has at least twent y (20) years of |
---|
| 1505 | + | credited service upon which the two and one-half |
---|
| 1506 | + | RBS No. 1061 |
---|
| 1507 | + | |
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| 1508 | + | Req. No. 1061 Page 21 1 |
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| 1557 | + | percent (2 1/2%) multiplier will be used in |
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| 1558 | + | calculating the retirement benefit, or |
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1052 | 1562 | | (v) a deputy sheriff or jailer employed by any county |
---|
1053 | 1563 | | that is a participating employer in the System |
---|
1054 | 1564 | | for the first time as a deputy sheriff or jailer |
---|
1055 | 1565 | | on or after November 1, 2020, or |
---|
1056 | 1566 | | (vi) licensed emergency medical personnel, as defined |
---|
1057 | 1567 | | pursuant to Section 1-2503 of Title 63 of the |
---|
1058 | 1568 | | Oklahoma Statutes, holding a license issued by |
---|
1059 | 1569 | | the State Department of Health pursuant to |
---|
1060 | 1570 | | Section 1-2505 of Title 63 of the Oklahom a |
---|
1061 | 1571 | | Statutes, including emergency medical responders , |
---|
1062 | 1572 | | emergency medical technicians, inte rmediate |
---|
1063 | 1573 | | emergency medical tech nicians, advanced emergency |
---|
1064 | 1574 | | medical technicians, and paramedics employed by |
---|
1065 | 1575 | | any participating employer as a licensed |
---|
1066 | 1576 | | emergency medical personnel for the first time on |
---|
1067 | 1577 | | or after the effective date of this act, |
---|
1068 | 1578 | | (e) for those fugitive apprehension agents who retire on |
---|
1069 | 1579 | | or after July 1, 2002, the first day of the month |
---|
1070 | 1580 | | coinciding with or following a member ’s completion of |
---|
1103 | 1637 | | (f) for any member who was continuously employed by an |
---|
1104 | 1638 | | entity or institution within The Oklahoma State System |
---|
1105 | 1639 | | of Higher Education and whose initial emplo yment with |
---|
1106 | 1640 | | such entity or institution was prior to July 1, 1992, |
---|
1107 | 1641 | | and who without a break in service of more than thirty |
---|
1108 | 1642 | | (30) days became employed by an employer participating |
---|
1109 | 1643 | | in the Oklahoma Public Employees Retirement System, |
---|
1110 | 1644 | | the first day of the month co inciding with or |
---|
1111 | 1645 | | following the date at which the sum of the member’s |
---|
1112 | 1646 | | age and number of years of credited se rvice total |
---|
1113 | 1647 | | eighty (80); |
---|
1114 | 1648 | | (25) “Participating employer ” means an eligible employer who |
---|
1115 | 1649 | | has agreed to make contributions to the System on behalf of it s |
---|
1116 | 1650 | | employees; |
---|
1117 | 1651 | | (26) “Participating service” means the period of employment |
---|
1118 | | - | after the entry date for which credit is granted a member. |
---|
1119 | | - | Provided, on or after the effective date of this act , military |
---|
1120 | | - | service credit purchased under Section 913.8 of this title shall |
---|
1121 | | - | only be considered “participating service ” if such service is |
---|
1122 | | - | immediately preceded by a period of employment with a participating |
---|
1123 | | - | employer and followed by a return to service as an employee with the |
---|
1124 | | - | same or another participating employer within ninety (90) days |
---|
1125 | | - | immediately following discharge from such military service; RBS No. 1061 |
---|
1126 | | - | |
---|
1127 | | - | SENATE FLOOR VERSION - SB692 SFLR Page 23 |
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1128 | | - | (Bold face denotes Committee Amendments) 1 |
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1129 | | - | 2 |
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1130 | | - | 3 |
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1147 | | - | 20 |
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1148 | | - | 21 |
---|
1149 | | - | 22 |
---|
1150 | | - | 23 |
---|
1151 | | - | 24 |
---|
1152 | | - | |
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| 1652 | + | after the entry date for which cr edit is granted a member; |
---|
1160 | 1707 | | (28) “Retirant” or “retiree” means a member who has retired |
---|
1161 | 1708 | | under the System; |
---|
1162 | 1709 | | (29) “Retirement benefit” means a monthly income with benefits |
---|
1163 | 1710 | | accruing from the first day of the m onth coinciding with or |
---|
1164 | 1711 | | following retirement and ending on the last day of the month in |
---|
1165 | 1712 | | which death occurs or the actuarial equivalent thereof paid in such |
---|
1166 | 1713 | | manner as specified by the member pursuant to Section 901 et seq. of |
---|
1167 | 1714 | | this title or as otherwise allo wed to be paid at the discretion of |
---|
1168 | 1715 | | the Board; |
---|
1169 | 1716 | | (30) “Retirement coordinator” means the individual designat ed |
---|
1170 | 1717 | | by each participating employer through whom System transactions and |
---|
1171 | 1718 | | communication shall be directed; |
---|
1172 | 1719 | | (31) “Social Security” means the old-age survivors and |
---|
1211 | 1782 | | and shall include an individual who is appointed to fill the |
---|
1212 | 1783 | | unexpired term of an elected st ate official; |
---|
1213 | 1784 | | (35) “Elected service” means the period of service as an |
---|
1214 | 1785 | | elected official; |
---|
1215 | 1786 | | (36) “Limitation year” means the year used in applying the |
---|
1216 | 1787 | | limitations of Section 415 of the Internal Revenue Code of 1986, |
---|
1217 | 1788 | | which year shall be the calendar year; an d |
---|
1218 | 1789 | | (37) “Public safety officers of the Grand River Dam Authority” |
---|
1219 | 1790 | | means those persons hired by the Grand River Dam Authority on or |
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1220 | | - | after March 21, 2001, who are certified by the Council on Law |
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1221 | | - | Enforcement Education and Training or an e quivalent certifying |
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1222 | | - | entity for law enforcemen t personnel training and who perform law |
---|
1223 | | - | enforcement functions as part of their regularly assigned duties and |
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1224 | | - | responsibilities on a full-time basis. With respect to any public |
---|
1225 | | - | safety officer hired by the Grand River Dam Authority on or af ter |
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1226 | | - | March 21, 2001, any earned benefits or credits t oward retirement |
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1227 | | - | benefits from previo us participation within the Oklahoma Public RBS No. 1061 |
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1228 | | - | |
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1229 | | - | SENATE FLOOR VERSION - SB692 SFLR Page 25 |
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1230 | | - | (Bold face denotes Committee Amendments) 1 |
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1252 | | - | 23 |
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1253 | | - | 24 |
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1254 | | - | |
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1255 | | - | Employees Retirement System or the Oklahoma Law Enforcement |
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1256 | | - | Retirement System shall remain wit hin that system. |
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| 1791 | + | after the effective date of this act March 21, 2001, who are |
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| 1792 | + | certified by the Council on Law Enforcement Education and Traini ng |
---|
| 1793 | + | or an equivalent certifying entity for law enfor cement personnel |
---|
| 1794 | + | training and who perform law enforcement functions as part of their |
---|
| 1795 | + | regularly assigned duties and responsib ilities on a full-time basis. |
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| 1796 | + | With respect to any public safety officer hired by the Grand River |
---|
| 1797 | + | Dam Authority on or after the effective date of this act March 21, |
---|
| 1798 | + | 2001, any earned benefits or credits toward retirement benefits from |
---|
| 1799 | + | previous participation within the Okl ahoma Public Employees |
---|
| 1800 | + | Retirement System or the Oklahoma Law Enfor cement Retirement System |
---|
| 1801 | + | shall remain within that s ystem. |
---|
1261 | 1857 | | this title, any member who shall retire on or a fter the member’s |
---|
1262 | 1858 | | normal retirement date shall be entitled to receive an annual |
---|
1263 | 1859 | | retirement benefit equal t o two percent (2%) of the member ’s final |
---|
1264 | 1860 | | average compensation as d etermined pursuant to paragraph (18) of |
---|
1265 | 1861 | | Section 902 of this title, multiplied by the number of years of |
---|
1266 | 1862 | | credited service that has been credited to the member in accordance |
---|
1267 | 1863 | | with the provisions of Section 913 of this title other than years |
---|
1268 | 1864 | | credited pursuant to paragraph (2) of this subsection. |
---|
1269 | 1865 | | (2) Effective January 1, 2004, except as other wise provided for |
---|
1270 | 1866 | | elected officials in Section 913.4 of this title and except for |
---|
1271 | 1867 | | those members making con tributions pursuant to paragraphs (c), (d), |
---|
1272 | 1868 | | (e), and (f), (g), and (h) of subsection (1) of Section 919.1 of |
---|
1273 | 1869 | | this title, any member who shall retire s hall be entitled to receive |
---|
1274 | 1870 | | an annual retirement benefit equal to two and one-half percent (2 |
---|
1275 | 1871 | | 1/2%) of the member’s final average compensation as determined |
---|
1276 | 1872 | | pursuant to paragraph (18) of Section 902 of this title, multiplie d |
---|
1277 | 1873 | | by the number of full years of participating service after January |
---|
1312 | 1932 | | one-half percent (2 1/2%) multiplier in computing retirement |
---|
1313 | 1933 | | benefits, an active member shall make an irrevocable writt en |
---|
1314 | 1934 | | election to pay the contributions pursuant to paragraph (g) of |
---|
1315 | 1935 | | subsection (1) of Section 919.1 of this title. The two and one-half |
---|
1316 | 1936 | | percent (2 1/2%) multiplier pursuant to this paragr aph shall not |
---|
1317 | 1937 | | apply to additional years of service credit attributed t o sick leave |
---|
1318 | 1938 | | pursuant to paragraph 7 of subsection B of Section 91 3 of this title |
---|
1319 | 1939 | | and fractional years pursuant to su bsection C of Section 913 of this |
---|
1320 | 1940 | | title and shall be attributable onl y to the participating service |
---|
1321 | 1941 | | credited after the election of the memb er. |
---|
1322 | 1942 | | (3) The minimum final average compensation for any person who |
---|
1323 | 1943 | | becomes a member of the Oklahoma Public Employees Retirement System |
---|
1324 | 1944 | | on or after July 1, 1995 and who had: |
---|
1325 | 1945 | | a. and who had twenty (20) or more years of credited |
---|
1326 | 1946 | | service within the System as of the membe r’s |
---|
1327 | 1947 | | retirement date shall be no less t han Thirteen |
---|
1363 | 2007 | | retirement date shall not be eligible for any minimum |
---|
1364 | 2008 | | amount of final average compensation and the member ’s |
---|
1365 | 2009 | | final average compensation shall be the final average |
---|
1366 | 2010 | | compensation as defined by paragraph (18) of Section |
---|
1367 | 2011 | | 902 of this title. |
---|
1368 | 2012 | | (4) Provided, further, any memb er who has elected a vested |
---|
1369 | 2013 | | benefit pursuant to Section 917 of this title shall be entitled to |
---|
1370 | 2014 | | receive benefits as outlined in this section except the percent |
---|
1371 | 2015 | | factor and the member’s maximum compensation le vel in effect the |
---|
1372 | 2016 | | date the member’s employment was terminated with a participating |
---|
1373 | 2017 | | employer shall be applicable. |
---|
1374 | 2018 | | (5) Any member who is a correctional offic er or a probation and |
---|
1375 | 2019 | | parole officer employed by the Department o f Corrections at the time |
---|
1376 | 2020 | | of retirement and who retires on or before June 30, 2000, s hall be |
---|
1377 | 2021 | | entitled to receive an annua l retirement benefit equal to tw o and |
---|
1378 | 2022 | | one-half percent (2 1/2%) of the final average compensation of the |
---|
1407 | 2024 | | two percent (2%) of the final average salary in excess of Twenty- |
---|
1408 | 2025 | | five Thousand Dollars ($25,000.00) but not exceedin g the maximum |
---|
1409 | 2026 | | compensation level as pr ovided in paragraph (9) of Section 902 of |
---|
1410 | 2027 | | this title, multiplied by the number of years of service a s a |
---|
1411 | 2028 | | correctional officer or a probation and parole officer; provided, |
---|
1412 | 2029 | | any years accrued prior to July 1, 1990, as a co rrectional officer |
---|
1413 | 2030 | | or a probation and parole officer by a member who is employed as a |
---|
1414 | 2082 | | correctional officer or a probation and parole offic er on July 1, |
---|
1415 | 2083 | | 1990, shall be calculated for retire ment purposes at two and one - |
---|
1416 | 2084 | | quarter percent (2 1/4%) of the final a verage compensation of the |
---|
1417 | 2085 | | member not to exceed Twenty-five Thousand Dollars ($25,000.00) and |
---|
1418 | 2086 | | two percent (2%) of the final average salary in excess of Twenty- |
---|
1419 | 2087 | | five Thousand Dollars ($25,00 0.00) but not exceeding the maximum |
---|
1420 | 2088 | | compensation level as provided i n paragraph (9) of Section 902 of |
---|
1421 | 2089 | | this title, multiplied by the number of years of such service and |
---|
1422 | 2090 | | any years in excess of twenty (20) yea rs as such an officer or years |
---|
1423 | 2091 | | credited to the member in accordance with the provision s of Section |
---|
1424 | 2092 | | 913 of this title shall be calculated for retirement purp oses at two |
---|
1425 | 2093 | | percent (2%) of the final average compensation of the member |
---|
1426 | 2094 | | multiplied by the number of years of such service. Any person who |
---|
1427 | 2095 | | contributes to the System as a correctional of ficer or a probation |
---|
1428 | 2096 | | and parole officer as provided in paragraph (b) o r (c) of subsection |
---|
1429 | 2097 | | (1) of Section 919.1 of this title, on or bef ore June 30, 2000, but |
---|
1458 | 2099 | | does not qualify for normal reti rement under subparagraph (c) of |
---|
1459 | 2100 | | paragraph (24) of Section 902 of this title shall have retirement |
---|
1460 | 2101 | | benefits for each year of full -time-equivalent participating service |
---|
1461 | 2102 | | as a correctional or a probation and parole officer after July 1, |
---|
1462 | 2103 | | 1990, computed on two and one-half percent (2 1/2%) of the final |
---|
1463 | 2104 | | average compensation based upon those years as a correctional |
---|
1464 | 2105 | | officer or a probation and par ole officer. Provided, further, an y |
---|
1465 | 2157 | | fugitive apprehension agent shall be entitled to receive benefits as |
---|
1466 | 2158 | | outlined in this act Section 901 et seq. of this title for service |
---|
1467 | 2159 | | as a fugitive apprehension agent prior to July 1, 2002, only upon |
---|
1468 | 2160 | | payment to the System of the employee contributions which would have |
---|
1469 | 2161 | | been paid if such fugitive apprehen sion agent had been covered by |
---|
1470 | 2162 | | this section prior to the effective date of this act July 1, 2002, |
---|
1471 | 2163 | | plus interest of not to exceed ten percent (10%) as d etermined by |
---|
1472 | 2164 | | the Oklahoma Public Employees Retire ment Board of Trustees. The |
---|
1473 | 2165 | | Department of Corrections m ay make the employee contribution and |
---|
1474 | 2166 | | interest payment on behalf of such member. |
---|
1475 | 2167 | | (6) Any member who is a correctional officer, a probation and |
---|
1476 | 2168 | | parole officer or a fugitive apprehension agent employed by the |
---|
1477 | 2169 | | Department of Corrections at the time of retirem ent and who retires |
---|
1478 | 2170 | | on or after July 1, 2002, shall be entitled to receive an annual |
---|
1479 | 2171 | | retirement benefit equal to two a nd one-half percent (2 1/2%) of the |
---|
1480 | 2172 | | final average compensation of the member, but not exceeding the |
---|
1509 | 2174 | | 902 of this title, multiplied by the number of years of service as a |
---|
1510 | 2175 | | correctional officer, a probation and parole officer or a fugit ive |
---|
1511 | 2176 | | apprehension agent, and any years in excess of twenty (20) years as |
---|
1512 | 2177 | | such an officer or age nt, or years credited to the member in |
---|
1513 | 2178 | | accordance with the provisions of Section 913 of this t itle, shall |
---|
1514 | 2179 | | be calculated for retirement purposes at two percent (2% ) of the |
---|
1515 | 2180 | | final average compensation of the member multiplied by the number of |
---|
1516 | 2232 | | years of such service. For purposes of this paragraph, “final |
---|
1517 | 2233 | | average compensation ” shall be determined by co mputing the average |
---|
1518 | 2234 | | annual salary, in the manner prescribed by parag raph (18) of Section |
---|
1519 | 2235 | | 902 of this title, for the highest three (3) years of the last ten |
---|
1520 | 2236 | | (10) years of participating service immediately preceding retirement |
---|
1521 | 2237 | | or termination of employment fo r all years of service p erformed by |
---|
1522 | 2238 | | such member, both for years of s ervice performed as a correctional |
---|
1523 | 2239 | | officer, probation and parole officer or fugitive apprehens ion |
---|
1524 | 2240 | | agent, not in excess of twenty (20) years, and for years of service |
---|
1525 | 2241 | | performed in excess of twenty (20) years, whet her as a correctional |
---|
1526 | 2242 | | officer, probation and parole officer, fugitive apprehension agent |
---|
1527 | 2243 | | or other position unless the computation of benef its would result in |
---|
1528 | 2244 | | a lower retirement benefit amount than if final average compensation |
---|
1529 | 2245 | | were to be computed as otherw ise provided by this paragraph. “Final |
---|
1530 | 2246 | | average compensation” Final average compensati on shall be determined |
---|
1531 | 2247 | | by computing the average annu al salary for the highest five (5) of |
---|
1567 | 2307 | | position on June 30, 2004, or who is hired after June 30, 2004, in |
---|
1568 | 2308 | | such position, and who receives a promotion or change in job |
---|
1569 | 2309 | | classification after June 30, 2004, to a nother position in the |
---|
1570 | 2310 | | Department of Corrections, and who is employed by the Department of |
---|
1571 | 2311 | | Corrections at the time of retirement and who retires on or after |
---|
1572 | 2312 | | July 1, 2004, shall be entitled to receive an annual retirem ent |
---|
1573 | 2313 | | benefit equal to two and one -half percent (2 1/2%) of the final |
---|
1574 | 2314 | | average compensation of the member, but n ot exceeding the maximum |
---|
1575 | 2315 | | compensation level as provided in paragraph (18) of Section 902 of |
---|
1576 | 2316 | | this title, multiplied by the number of years of servic e with the |
---|
1577 | 2317 | | Department of Corrections an d any years in excess of twenty (20) |
---|
1578 | 2318 | | years with the Department or year s credited to the member in |
---|
1579 | 2319 | | accordance with the provisions of Section 913 of this title, shall |
---|
1580 | 2320 | | be calculated for retirement purposes at two percent (2%) of the |
---|
1581 | 2321 | | final average compensation of the member multiplied by the number of |
---|
1582 | 2322 | | years of such service. For purposes of this paragraph, “final |
---|
1611 | 2324 | | annual salary, in the manner prescribed by p aragraph (18) of Section |
---|
1612 | 2325 | | 902 of this title, for the highest three (3) years of the last ten |
---|
1613 | 2326 | | (10) years of participating service immediatel y preceding retirement |
---|
1614 | 2327 | | or termination of employment for all years of service performed by |
---|
1615 | 2328 | | such member with the Departm ent. “Final average compensation ” Final |
---|
1616 | 2329 | | average compensation shall be determined by c omputing the average |
---|
1617 | 2330 | | annual salary for the highest five (5) of the last ten (10) years of |
---|
1618 | 2382 | | participating service immediately preceding retirement or |
---|
1619 | 2383 | | termination of employm ent, with respect to members w hose first |
---|
1620 | 2384 | | participating service occurs on or after July 1, 2013. |
---|
1621 | 2385 | | (8) Any person who contributed to the S ystem as a correctional |
---|
1622 | 2386 | | officer, a probation and parole officer or a fugitive apprehension |
---|
1623 | 2387 | | agent as provided in paragrap h (b) or (c) of subsection (1) of |
---|
1624 | 2388 | | Section 919.1 of this title, and who retires under normal retirement |
---|
1625 | 2389 | | or early retirement on or after J anuary 1, 2004, under paragraph |
---|
1626 | 2390 | | (24) of Section 902 of this title, and any public safety officer |
---|
1627 | 2391 | | described by paragraph (37) of Section 902 of this ti tle hired on or |
---|
1628 | 2392 | | after the effective date of this act July 1, 2016, by the Grand |
---|
1629 | 2393 | | River Dam Authority and who r etires on or after the effective date |
---|
1630 | 2394 | | of this act July 1, 2016, shall have retirement benefits for each |
---|
1631 | 2395 | | year of full-time-equivalent participating service as a correcti onal |
---|
1632 | 2396 | | officer, a probation and parol e officer or a fugitive apprehension |
---|
1633 | 2397 | | agent, or Grand River Dam public safety officer computed on two and |
---|
1662 | 2399 | | upon those years as a correctional officer, a prob ation and parole |
---|
1663 | 2400 | | officer, a fugitive apprehension agent or a Grand River D am public |
---|
1664 | 2401 | | safety officer. For purpose s of this paragraph, “final average |
---|
1665 | 2402 | | compensation” shall be determined by computing the averag e annual |
---|
1666 | 2403 | | salary, in the manner prescribed by paragr aph (18) of Section 902 of |
---|
1667 | 2404 | | this title, for the highest three (3) years of the last ten (10) |
---|
1668 | 2405 | | years of participati ng service immediately preceding retirement or |
---|
1669 | 2457 | | termination of employment for all years of ser vice performed by such |
---|
1670 | 2458 | | member, both for years of se rvice performed as a correctional |
---|
1671 | 2459 | | officer, probation and parole officer or fugitive apprehension |
---|
1672 | 2460 | | agent, or years of service performed as a Grand River Dam public |
---|
1673 | 2461 | | safety officer, not in excess of twenty (20 ) years, and for years of |
---|
1674 | 2462 | | service performed in exce ss of twenty (20) years, whether as a |
---|
1675 | 2463 | | correctional officer, probation and parole officer, fugitive |
---|
1676 | 2464 | | apprehension agent, Grand River Dam public safety officer, or other |
---|
1677 | 2465 | | position unless the computation of ben efits would result in a lower |
---|
1678 | 2466 | | retirement benefit am ount than if final average compensa tion were to |
---|
1679 | 2467 | | be computed as otherwise p rovided by this paragraph. “Final average |
---|
1680 | 2468 | | compensation” Final average compensation shall be determined by |
---|
1681 | 2469 | | computing the average an nual salary for the highest five (5) of the |
---|
1682 | 2470 | | last ten (10) years of participating ser vice immediately preceding |
---|
1683 | 2471 | | retirement or termination of employment, with respect to members |
---|
1684 | 2472 | | whose first participating service occurs on or after July 1, 2013, |
---|
1720 | 2532 | | receive an annual retirement benefit equal to two and |
---|
1721 | 2533 | | one-half percent (2 1/2%) of the final average |
---|
1722 | 2534 | | compensation of the member multi plied by the number of |
---|
1723 | 2535 | | years of service in such ser vice, |
---|
1724 | 2536 | | b. (1) a firefighter who perf orms firefighting services |
---|
1725 | 2537 | | for the Oklahoma Military Department of the State |
---|
1726 | 2538 | | of Oklahoma prior to July 1, 2002, and who makes |
---|
1727 | 2539 | | an election in writing on a form prescrib ed for |
---|
1728 | 2540 | | this purpose by the System not later than |
---|
1729 | 2541 | | December 31, 2002, shall be entitled to receive a |
---|
1730 | 2542 | | retirement benefit based upon two and one -half |
---|
1731 | 2543 | | percent (2 1/2%) of the final average |
---|
1732 | 2544 | | compensation of the member multipl ied by the |
---|
1733 | 2545 | | number of years of service as a firefighter with |
---|
1734 | 2546 | | the Oklahoma Military Department of the State of |
---|
1735 | 2547 | | Oklahoma on or after July 1, 2002. The election |
---|
1771 | 2607 | | prescribed for this purpose by the System not |
---|
1772 | 2608 | | later than December 31, 2002, to receive a |
---|
1773 | 2609 | | retirement benefit based upon two and one -half |
---|
1774 | 2610 | | percent (2 1/2%) of the final average |
---|
1775 | 2611 | | compensation of the member multiplied by the |
---|
1776 | 2612 | | number of years of service a s a firefighter with |
---|
1777 | 2613 | | the Oklahoma Military Department of the State of |
---|
1778 | 2614 | | Oklahoma prior to July 1, 2002. The election |
---|
1779 | 2615 | | authorized by this subdivision shall be |
---|
1780 | 2616 | | irrevocable once the election is filed wit h the |
---|
1781 | 2617 | | System. Retirement benefits shall be calculated |
---|
1782 | 2618 | | based upon the two and one -half percent (2 1/2%) |
---|
1783 | 2619 | | multiplier upon payment being made pursuant to |
---|
1784 | 2620 | | Section 913.5 of this title. |
---|
1785 | 2621 | | (10) Any person who contributes to the System as a deputy |
---|
1786 | 2622 | | sheriff or county jailer as provided in paragraph (f) of subsection |
---|
1815 | 2624 | | retirement or early retirement unde r division (v) of subparagraph |
---|
1816 | 2625 | | (d) of paragraph (24) of Section 902 of this title, shall have |
---|
1817 | 2626 | | retirement benefits for each year of full -time-equivalent |
---|
1818 | 2627 | | participating service as a deputy sh eriff or county jailer computed |
---|
1819 | 2628 | | on two and one-half percent (2 1/2%) of the final average |
---|
1820 | 2629 | | compensation based upon those years as a deputy sheriff or county |
---|
1821 | 2630 | | jailer, and any years in excess of twenty (20) years as a deputy |
---|
1822 | 2682 | | sheriff or county jailer, or years credited to the member in |
---|
1823 | 2683 | | accordance with the provisions of Section 913 of this title, shall |
---|
1824 | 2684 | | be calculated for retirement purposes at two percent (2%) of the |
---|
1825 | 2685 | | final average compensation of the member multiplied by the number of |
---|
1826 | 2686 | | years of such service. For p urposes of this paragraph, “final |
---|
1827 | 2687 | | average compensation” shall be determined by computing the average |
---|
1828 | 2688 | | annual salary, in the manner prescribed by paragraph (18) of Section |
---|
1829 | 2689 | | 902 of this title, both for years of service performed as a deputy |
---|
1830 | 2690 | | sheriff or county jailer not in excess of twenty (20) years, and for |
---|
1831 | 2691 | | years of service performed in excess of twenty (20) years, whether |
---|
1832 | 2692 | | as a deputy sheriff or county jailer. |
---|
1833 | 2693 | | (11) Any person who contributes to the System as a n emergency |
---|
1834 | 2694 | | medical service personnel as provided in para graph (h) of subsection |
---|
1835 | 2695 | | (1) of Section 919.1 of this title, and who retires under normal |
---|
1836 | 2696 | | retirement or early retirement under division (vii) of subparagraph |
---|
1837 | 2697 | | (d) of paragraph (24) of Section 902 of this title, shall have |
---|
1866 | 2699 | | participating service as an emergency medical service personnel |
---|
1867 | 2700 | | computed on two and one -half percent (2 1/2%) of the final average |
---|
1868 | 2701 | | compensation based upon those years as an emergency medical service |
---|
1869 | 2702 | | personnel. Any years of full-time-equivalent participating service |
---|
1870 | 2703 | | in excess of twenty (20) years as an emergency medical personnel, or |
---|
1871 | 2704 | | years credited to the member in accor dance with the provisions of |
---|
1872 | 2705 | | Section 913 of this title, shall be calculated for retirement |
---|
1873 | 2757 | | purposes at two percent (2%) of the final average com pensation of |
---|
1874 | 2758 | | the member multiplied by the number of years of such service. For |
---|
1875 | 2759 | | the purposes of this paragraph, “final average compensation” shall |
---|
1876 | 2760 | | be determined by computing the average annual salary, in the manner |
---|
1877 | 2761 | | prescribed by paragraph 18 of Section 902 of this title, both for |
---|
1878 | 2762 | | years of service performed as an emergency medical personnel no t in |
---|
1879 | 2763 | | excess of twenty (20) years, and for years of service performed in |
---|
1880 | 2764 | | excess of twenty (20) years, as an emergency medical service |
---|
1881 | 2765 | | personnel. |
---|
1882 | 2766 | | (12) Upon death of a retiree, there shall be paid to his or her |
---|
1883 | 2767 | | beneficiary an amount equal to the excess, if a ny, of his or her |
---|
1884 | 2768 | | accumulated contributions over the sum of all retirement benefit |
---|
1885 | 2769 | | payments made. |
---|
1886 | 2770 | | (12) (13) Such annual retirement benefits shall be paid in |
---|
1887 | 2771 | | equal monthly installments, except that the Board may provide for |
---|
1888 | 2772 | | the payment of retirement benefi ts which total less than Two Hundred |
---|
1917 | 2774 | | (13) (14) Pursuant to the rules established by the Board, a |
---|
1918 | 2775 | | retiree receiving monthly benefits from the System may authorize |
---|
1919 | 2776 | | warrant deductions for any prod ucts currently offered to active |
---|
1920 | 2777 | | state employees through the Employees Benefits Council Oklahoma |
---|
1921 | 2778 | | Employees Insurance and Benefits Board , provided that product is |
---|
1922 | 2779 | | offered to state retirees as a group and has a minimum participation |
---|
1923 | 2780 | | of five hundred state retirees. The System has no responsibility |
---|
1924 | 2832 | | for the marketing, enrolling or administration of such products, but |
---|
1925 | 2833 | | shall retain a processing fee of two percent (2%) of the g ross |
---|
1926 | 2834 | | deductions for the products. Retirement benefit deductions shall be |
---|
1927 | 2835 | | made for membership dues for any statewide association for whi ch |
---|
1928 | 2836 | | payroll deductions are authorized pursuant to subsection B of |
---|
1929 | 2837 | | Section 34.70 of Title 62 of the Oklahoma Statutes for retired |
---|
1930 | 2838 | | members of any state -supported retirement system, upon proper |
---|
1931 | 2839 | | authorization given by the member to the board from which the memb er |
---|
1932 | 2840 | | or beneficiary is currently receiving retirement benefits. |
---|
1933 | 2841 | | B. A member shall be considered disabled if such member |
---|
1934 | 2842 | | qualifies for the payment of Social Security disability benefits, or |
---|
1935 | 2843 | | the payment of benefits pursuant to the Railroad Retirement Act of |
---|
1936 | 2844 | | 1974, Section 231 et seq. of Title 45 of the United States Code, and |
---|
1937 | 2845 | | shall be eligible for benefits hereunder upon proof of such |
---|
1938 | 2846 | | disability, provided such m ember is an active regularly scheduled |
---|
1939 | 2847 | | employee with a participating employer at the time of injury o r |
---|
1968 | 2849 | | certification of eligibility for Social Security disability be nefits |
---|
1969 | 2850 | | by reason of such injury, il lness or disease, providing such |
---|
1970 | 2851 | | disability is certified by the Social Security Administration within |
---|
1971 | 2852 | | one (1) year after the last date physically on the job and after |
---|
1972 | 2853 | | completion of at least eight (8) years of participatin g service or |
---|
1973 | 2854 | | combined prior and par ticipating service or resulting in subsequent |
---|
1974 | 2855 | | certification of eligibility of disability by the Railr oad |
---|
1975 | 2907 | | Retirement Board providing such certification is made by the |
---|
1976 | 2908 | | Railroad Retirement Board within one (1) year after the last date |
---|
1977 | 2909 | | physically on the job an d after completion of at least eight (8) |
---|
1978 | 2910 | | years of participating service or combined prior and partici pating |
---|
1979 | 2911 | | service. The member shall submit to the Retirement System the |
---|
1980 | 2912 | | Social Security Award Notice or the Railroad Retir ement Award Notice |
---|
1981 | 2913 | | certifying the date of entitlement for disability benefits, as |
---|
1982 | 2914 | | issued by the Social Security Administration, Departme nt of Health |
---|
1983 | 2915 | | and Human Services or the Railroad Retirement Board. Disability |
---|
1984 | 2916 | | benefits shall become effective on the dat e of entitlement as |
---|
1985 | 2917 | | established by the Social Security Administration or the Railroad |
---|
1986 | 2918 | | Retirement Board, but not before the first day of the month |
---|
1987 | 2919 | | following removal from the payroll, whichever is later, a nd final |
---|
1988 | 2920 | | approval by the Retirement System. Benefits shall be based upon |
---|
1989 | 2921 | | length of service and compensation as of the date of disability, |
---|
1990 | 2922 | | without actuarial reduction because of commencemen t prior to the |
---|
2019 | 2924 | | available for disability benefits is O ption A as provided for in |
---|
2020 | 2925 | | Section 918 of this title. Option A must be elected in accordance |
---|
2021 | 2926 | | with the provisions of Section 918 of this title. Benefit payments |
---|
2022 | 2927 | | shall cease upon the member ’s recovery from disability prior to the |
---|
2023 | 2928 | | normal retirement date. F uture benefits, if any, shall be pa id |
---|
2024 | 2929 | | based upon length of service and compensation as of the date of |
---|
2025 | 2930 | | disability. In the event that dis ability ceases and the member |
---|
2026 | 2982 | | returns to employment within the Syst em credited service to the date |
---|
2027 | 2983 | | of disability shall b e restored, and future benefits sha ll be |
---|
2028 | 2984 | | determined accordingly. |
---|
2029 | 2985 | | C. A member who incurred a disability pursuant to subsection B |
---|
2030 | 2986 | | of this section on or after July 1, 1999, and who has retired from |
---|
2031 | 2987 | | the System with an early retirement benefit pending certific ation |
---|
2032 | 2988 | | from the Social Security Admi nistration or the Railroad Retirement |
---|
2033 | 2989 | | Board shall receive a retirement benefit not less than the |
---|
2034 | 2990 | | disability retirement benefit provided by subsection B of this |
---|
2035 | 2991 | | section once the System receives a Social Security Award Noti ce or a |
---|
2036 | 2992 | | Railroad Retirement Award N otice pursuant to subsection B of this |
---|
2037 | 2993 | | section and a completed Application for Disability Benefits |
---|
2038 | 2994 | | application for disability benefits . In addition, such member shall |
---|
2039 | 2995 | | receive the difference, if any, betw een the early retirement benefit |
---|
2040 | 2996 | | and the disability benefit from the date the Social Security |
---|
2041 | 2997 | | Administration or the Railroad Retirement Board establishes |
---|
2070 | 2999 | | D. Any actively participating member of the System on or after |
---|
2071 | 3000 | | July 1, 1998, except for those employees provided in subparagraph |
---|
2072 | 3001 | | (e) of paragraph (14) of Section 902 of this tit le, whose employment |
---|
2073 | 3002 | | is less than full-time, shall have his or her final average |
---|
2074 | 3003 | | compensation calculated on an annualized basis using his or her |
---|
2075 | 3004 | | hourly wage subject to the maximum compensation limits; provide d, |
---|
2076 | 3005 | | however, any such member whose first particip ating service occurred |
---|
2077 | 3057 | | before July 1, 2013, and who h as at least three (3) years of full - |
---|
2078 | 3058 | | time employment during the last ten (10) years immediately precedin g |
---|
2079 | 3059 | | termination or retirement shall not be eligible fo r the |
---|
2080 | 3060 | | annualization provisions contained herein; and provided further, any |
---|
2081 | 3061 | | such member whose first pa rticipating service occurred on or after |
---|
2082 | 3062 | | July 1, 2013, and who has at least five (5) years of full -time |
---|
2083 | 3063 | | employment during the last ten (10) years immediate ly preceding |
---|
2084 | 3064 | | termination or retirement shall not be eligible for the |
---|
2085 | 3065 | | annualization provisions contain ed herein. The Board of Trustees |
---|
2086 | 3066 | | shall promulgate such administrative rules as are necessary to |
---|
2087 | 3067 | | implement the provisions of this subsection. |
---|
2088 | 3068 | | SECTION 3. AMENDATORY 74 O.S. 2021, Section 916.3, is |
---|
2089 | 3069 | | amended to read as follows: |
---|
2090 | 3070 | | Section 916.3. A. 1. Notwithstanding the provisions of |
---|
2091 | 3071 | | Sections 901 through 932 of this title, a monthly pension, as |
---|
2092 | 3072 | | provided in subsection B of this section, shall be paid on behalf of |
---|
2127 | 3131 | | 2. The monthly pension described in t his section shall be paid |
---|
2128 | 3132 | | on behalf of any member first hired by any county that is a |
---|
2129 | 3133 | | participating employer in the System as a deputy sher iff or jailer |
---|
2130 | 3134 | | on or after November 1, 2020, and who is killed or mortally wounded |
---|
2131 | 3135 | | during the performance of the membe r’s duties as a deputy sheriff or |
---|
2132 | 3136 | | jailer. |
---|
2133 | 3137 | | 3. The monthly pension described in this section shall be paid |
---|
2134 | 3138 | | on behalf of a licensed emergency medical personnel hired by any |
---|
2135 | 3139 | | participating employer for the fir st time as a licensed emergency |
---|
2136 | 3140 | | medical personnel on or after the effective date of this act, and |
---|
2137 | 3141 | | who is killed or mortally wounded during the per formance of the |
---|
2138 | 3142 | | member’s duties as an emergency medical personnel. |
---|
2139 | 3143 | | B. The monthly benefit shall be equal to: |
---|
2140 | 3144 | | 1. Two and one-half percent (2 1/2%); |
---|
2141 | 3145 | | 2. Multiplied by twenty (20) years of service, regardless of |
---|
2142 | 3146 | | the actual number of years of credited service performed by the |
---|
2177 | 3205 | | 1. Except as provided in subsection D of this section, to the |
---|
2178 | 3206 | | surviving spouse for life; or |
---|
2179 | 3207 | | 2. If there is no surviving spouse or upon the death of the |
---|
2180 | 3208 | | surviving spouse: |
---|
2181 | 3209 | | a. to the surviving child or childr en of said member or |
---|
2182 | 3210 | | legal guardian of such child or children for such time |
---|
2183 | 3211 | | as such child or children are under the age of |
---|
2184 | 3212 | | eighteen (18) years, or |
---|
2185 | 3213 | | b. to the surviving child or children between the age of |
---|
2186 | 3214 | | eighteen (18) and twenty-two (22) years if the child |
---|
2187 | 3215 | | is enrolled full time in and is regular ly attending a |
---|
2188 | 3216 | | public or private school or any i nstitution of higher |
---|
2189 | 3217 | | education. |
---|
2190 | 3218 | | D. No surviving spou se shall receive benefits from this |
---|
2191 | 3219 | | section, Section 49-113 of Title 11 of t he Oklahoma Statutes, |
---|
2192 | 3220 | | Section 50-117 of Title 11 of the Oklahoma Statutes, or S ection 2- |
---|
2193 | 3221 | | 306 of Title 47 of the Oklahoma Statute s as the surviving spouse of |
---|
2227 | 3279 | | E. In addition to the pension above provided for, if sai d |
---|
2228 | 3280 | | member leaves one or more children und er the age of eighteen (18) |
---|
2229 | 3281 | | years or under the a ge of twenty-two (22) years if the child is |
---|
2230 | 3282 | | enrolled full-time in and is regularly attending a public or private |
---|
2231 | 3283 | | school or any institution of higher education, Four Hun dred Dollars |
---|
2232 | 3284 | | ($400.00) a month shall be paid to the surviving spouse or to the |
---|
2233 | 3285 | | person having the care and custody of such children if there i s no |
---|
2234 | 3286 | | surviving spouse or if the surviving spouse dies and until each |
---|
2235 | 3287 | | child reaches the age of eighteen (18) years o r reaches the age of |
---|
2236 | 3288 | | twenty-two (22) years if the child is enrolled full -time in and is |
---|
2237 | 3289 | | regularly attending a public or private school or any institution of |
---|
2238 | 3290 | | higher education. |
---|
2239 | 3291 | | F. The pension benefit provided in this s ection shall be made |
---|
2240 | 3292 | | prospectively only from the effective date of this act July 1, 2000. |
---|
2241 | 3293 | | The benefits shall be payable beginn ing the later of the first day |
---|
2242 | 3294 | | of the month following the date that such employee was killed or |
---|
2243 | 3295 | | dies from a mortal wound, as provided in this section, or the |
---|
2277 | 3353 | | Section 919.1. (1) Employee contributions to the Oklahoma |
---|
2278 | 3354 | | Public Employees Retirement System shall be: |
---|
2279 | 3355 | | (a) for employees except a s otherwise provided in |
---|
2280 | 3356 | | paragraphs (b), (c), (d), (e), (f) , and (g), and (h) |
---|
2281 | 3357 | | of this subsection: beginning Ju ly 1, 2006, and |
---|
2282 | 3358 | | thereafter, three and one-half percent (3.5%) of |
---|
2283 | 3359 | | allowable annual compensation;, |
---|
2284 | 3360 | | (b) for correctional officers and probation a nd parole |
---|
2285 | 3361 | | officers employed by the Department of Corrections: |
---|
2286 | 3362 | | beginning July 1, 199 8, and thereafter, and for |
---|
2287 | 3363 | | correctional officers or probation and parole officers |
---|
2288 | 3364 | | who are in such position on June 30, 2004, or who are |
---|
2289 | 3365 | | hired after June 30, 2004, and who r eceive a promotion |
---|
2290 | 3366 | | or change in job classification after June 30, 2004, |
---|
2291 | 3367 | | to another position in the Department of C orrections, |
---|
2292 | 3368 | | so long as such officers have at least five (5) years |
---|
2293 | 3369 | | of service as a correctional office r or probation and |
---|
2328 | 3428 | | June 30, 2004, and who receive a promotion or change |
---|
2329 | 3429 | | in job classification after June 30, 2004, to another |
---|
2330 | 3430 | | position in the Department of Corrections, so l ong as |
---|
2331 | 3431 | | such agents have at least five (5) years of service as |
---|
2332 | 3432 | | a fugitive apprehension agent, eight percent (8%) of |
---|
2333 | 3433 | | allowable compensation as provided in pa ragraph (9) of |
---|
2334 | 3434 | | Section 902 of this ti tle;, |
---|
2335 | 3435 | | (d) for firefighters of the Oklahoma Military Department |
---|
2336 | 3436 | | of the State of Oklahoma first employed beginning July |
---|
2337 | 3437 | | 1, 2002, and thereafter, and such firefighters who |
---|
2338 | 3438 | | performed service pr ior to July 1, 2002, for the |
---|
2339 | 3439 | | Oklahoma Military Department of the State of Oklahoma |
---|
2340 | 3440 | | and who make the election authorize d by division (1) |
---|
2341 | 3441 | | of subparagraph b of paragraph (9) of subsection A of |
---|
2342 | 3442 | | Section 915 of this title who perf orm service on or |
---|
2343 | 3443 | | after July 1, 2002, in such capacity, eight percent |
---|
2379 | 3503 | | (f) for deputy sheriffs and county jailers employed by any |
---|
2380 | 3504 | | county that is a participating employer in the Syst em |
---|
2381 | 3505 | | for the first time as a dep uty sheriff or jailer on or |
---|
2382 | 3506 | | after November 1, 2020, eight percent (8%) of |
---|
2383 | 3507 | | allowable compensation as provided in paragrap h (9) of |
---|
2384 | 3508 | | Section 902 of this title; and, |
---|
2385 | 3509 | | (g) for licensed emergency medical personnel employed by |
---|
2386 | 3510 | | any participating employer as a licensed emergency |
---|
2387 | 3511 | | medical personnel for the first time on or after the |
---|
2388 | 3512 | | effective date of this act, eight percent (8%) of |
---|
2389 | 3513 | | allowable compensation as provided in paragraph ( 9) of |
---|
2390 | 3514 | | Section 902 of this title, and |
---|
2391 | 3515 | | (h) for all employees except those who mak e contributions |
---|
2392 | 3516 | | pursuant to paragraphs (b), (c), (d), (e) , and (f), |
---|
2393 | 3517 | | and (g) of this subsection who m ake an irrevocable |
---|
2394 | 3518 | | written election pursuant to paragraph (2) of |
---|
2429 | 3577 | | (2) Contributions shall be deducted by each state agency by the |
---|
2430 | 3578 | | participating employer for such benefits as the Board is authorized |
---|
2431 | 3579 | | to administer as provided for by law. Employee and employer |
---|
2432 | 3580 | | contributions shall be remitted monthly, or a s the Board may |
---|
2433 | 3581 | | otherwise provide, to the Executive Director for deposit in th e |
---|
2434 | 3582 | | Oklahoma Public Employees Retirement Fund. |
---|
2435 | 3583 | | (3) Each participating employ er shall pick up under the |
---|
2436 | 3584 | | provisions of Section 414(h)(2) of the Interna l Revenue Code of 1986 |
---|
2437 | 3585 | | and pay the contribution which the me mber is required by law to make |
---|
2438 | 3586 | | to the System for all compensation earned a fter December 31, 1988. |
---|
2439 | 3587 | | Although the contributi ons so picked up are designated as member |
---|
2440 | 3588 | | contributions, such contributio ns shall be treated as contrib utions |
---|
2441 | 3589 | | being paid by the parti cipating employer in lieu of contributions by |
---|
2442 | 3590 | | the member in determining tax treatment under the Internal Revenue |
---|
2443 | 3591 | | Code of 1986 and such picked up contributions shall not be |
---|
2444 | 3592 | | includable in the gross income of the member until suc h amounts are |
---|
2445 | 3593 | | distributed or made available to the member or the beneficiary o f |
---|
2480 | 3652 | | the participating employer. Member contributions so picked up shall |
---|
2481 | 3653 | | be included in gross salary for purposes o f determining benefits and |
---|
2482 | 3654 | | contributions under t he System. |
---|
2483 | 3655 | | The participating employer shall pay the member contributions |
---|
2484 | 3656 | | from the same source of funds used in paying salary to the m ember, |
---|
2485 | 3657 | | by effecting an equal cash reduction in g ross salary of the member. |
---|
2486 | 3658 | | (4) By September 1, 1989, the System shall refu nd the |
---|
2487 | 3659 | | accumulated employee contributions of any member who elects to |
---|
2488 | 3660 | | retain the member’s membership in the Teachers’ Retirement System of |
---|
2489 | 3661 | | Oklahoma, in accordance with Section 17 -104 of Title 70 of the |
---|
2490 | 3662 | | Oklahoma Statutes, to such member. Upon the refund of the |
---|
2491 | 3663 | | accumulated employee contributions referred to in this subsection, |
---|
2492 | 3664 | | all benefits and rights accrued to such member are terminated . |
---|
2493 | 3665 | | SECTION 5. AMENDATORY 74 O.S. 2021, Section 9 20A, is |
---|
2494 | 3666 | | amended to read as follows: |
---|
2495 | 3667 | | Section 920A. A. Any county, county hospital, city or town, |
---|
2496 | 3668 | | conservation district, ci rcuit engineering district or any public or |
---|
2530 | 3726 | | in this section, the employer shal l not pay for the employee any of |
---|
2531 | 3727 | | the employee contribution to the System. |
---|
2532 | 3728 | | B. For the fiscal year ending June 30, 2005, the total employer |
---|
2533 | 3729 | | and employee contributions s hall equal thirteen and one-half percent |
---|
2534 | 3730 | | (13 1/2%) of the allowable monthly compensation of each member; |
---|
2535 | 3731 | | provided, however, each participating employer listed in this |
---|
2536 | 3732 | | section may set the amount of the employer and employee contri bution |
---|
2537 | 3733 | | to equal thirteen an d one-half percent (13 1/2%) of the allowable |
---|
2538 | 3734 | | monthly compensation of each member for co mpensation as provided in |
---|
2539 | 3735 | | paragraph (9) of Section 902 of this title; provided, the employer |
---|
2540 | 3736 | | contribution shall not exceed ten percent (10%) and the employee |
---|
2541 | 3737 | | contribution shall not exceed eight and one-half percent (8 1/2%). |
---|
2542 | 3738 | | C. The total employer and empl oyee contributions for fiscal |
---|
2543 | 3739 | | years following the fiscal year e nding June 30, 2005, shall be as |
---|
2544 | 3740 | | follows: |
---|
2545 | 3741 | | July 1, 2005 – June 30, 2006 15% |
---|
2546 | 3742 | | July 1, 2006 – June 30, 2007 16% |
---|
2547 | 3743 | | July 1, 2007 – June 30, 2008 17% |
---|
2581 | 3801 | | provided in paragraph (9) of Section 902 of th is title. The maximum |
---|
2582 | 3802 | | employer contribution of ten percent (10 %) in subsection B of this |
---|
2583 | 3803 | | section shall increase by one and one -half percent (1.5%) beginning |
---|
2584 | 3804 | | in the fiscal year ending June 30, 2006, and one percent (1%) for |
---|
2585 | 3805 | | each fiscal year thereafter unti l it reaches sixteen and one -half |
---|
2586 | 3806 | | percent (16.5%). For such ye ars, the employee contribution shall |
---|
2587 | 3807 | | not exceed eight and one -half percent (8 1/2%). Notwithstanding any |
---|
2588 | 3808 | | other provisions of this section to the contrary, for those members |
---|
2589 | 3809 | | described in division (v), or (vi) of subparagraph (d) of paragraph |
---|
2590 | 3810 | | (24) of Section 902 of this title, th e county participating employer |
---|
2591 | 3811 | | shall contribute sixteen and one-half percent (16 1/2%) and the |
---|
2592 | 3812 | | employee shall contribute eight percent (8%) for a total of twenty - |
---|
2593 | 3813 | | four and one-half percent (24 1/2%). |
---|
2594 | 3814 | | D. For members who make t he election pursuant to paragr aph (2) |
---|
2595 | 3815 | | of subsection A of Section 915 of this t itle, the employee |
---|
2596 | 3816 | | contribution shall increase by two and ninety-one one-hundredths |
---|
2597 | 3817 | | percent (2.91%). Such employee contribution increase shall be paid |
---|
2632 | 3876 | | such contributions shall be treat ed as contributions being paid by |
---|
2633 | 3877 | | the participating employer in lieu of contributions by the member in |
---|
2634 | 3878 | | determining tax treatment under the Internal Revenue Code of 1986 |
---|
2635 | 3879 | | and such picked up contributions shall not be in cludable in the |
---|
2636 | 3880 | | gross income of the mem ber until such amounts are distributed or |
---|
2637 | 3881 | | made available to the member or the beneficiary of the member. The |
---|
2638 | 3882 | | member, by the terms of t his System, shall not have any option to |
---|
2639 | 3883 | | choose to receive the contributions so pi cked up directly and the |
---|
2640 | 3884 | | picked up contributions must be paid by the participatin g employer |
---|
2641 | 3885 | | to the System. |
---|
2642 | 3886 | | F. Member contributions which are pi cked up shall be treated in |
---|
2643 | 3887 | | the same manner and to the same extent as member c ontributions made |
---|
2644 | 3888 | | prior to the date on which member contributions were pi cked up by |
---|
2645 | 3889 | | the participating employer. Me mber contributions so picked up shall |
---|
2646 | 3890 | | be included in gross sala ry for purposes of determining benefits and |
---|
2647 | 3891 | | contributions under the System. |
---|
2648 | 3892 | | G. The participating employer shall pay the member |
---|