Oklahoma 2025 Regular Session

Oklahoma House Bill HB1091 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		RBH No. 13157
2		-	ENGR. H. B. NO. 1091 Page 1 1
	2	+	HB1091 HFLR Page 1
	3	+	BOLD FACE denotes Committee Amendments. 1
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27		-	ENGROSSED HOUSE
28		-	BILL NO. 1091 By: Kelley of the House
	28	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	29	+
	30	+	STATE OF OKLAHOMA
	31	+
	32	+	1st Session of the 60th Legislature (2025)
	33	+
	34	+	COMMITTEE SUBSTITUTE
	35	+	FOR
	36	+	HOUSE BILL NO. 1091 By: Kelley of the House
29	37
30	38		and
31	39
32	40		Gollihare of the Senate
33	41
34	42
35	43
	44	+
	45	+
	46	+	COMMITTEE SUBSTITUTE
36	47
37	48		An Act relating to retirement; amending 11 O.S. 2021,
38	49		Sections 49-100.1, as amended by Section 2, Chapter
39	50		232, O.S.L. 2022 (11 O.S. Supp. 2024, Section 49 -
40	51		100.1), 49-113, 49-117.1, as amended by Section 7,
41	52		Chapter 232, O.S.L. 2022 (11 O.S. Supp. 2024, Section
42	53		49-117.1), 49-117.3, 49-138, as amended by Section 2,
43	54		Chapter 247, O.S.L. 2024 (11 O.S. Supp. 2024, Section
44	55		49-138), which relate to the Oklahoma Firefighters
45	56		Pension and Retirement System; defining term;
46	57		modifying provisions related to death benefits;
47	58		specifying which contributions member is to be
48	59		refunded; modifying provisions relating to repayment
49	60		of contributions; authorizing member to make certain
50	61		repayment; authorizing amortized payment if permitted
51	62		by State Board; directing the State Board to
52	63		promulgate rules or procedures; providing that member
53	64		may purchase transferred credited services; providing
54	65		procedures; providing limitations; providing
55	66		exception; modifying how payments may be made;
56	67		updating reference; providing limitation on purchase
57	68		of military service credit; providing limitation on
58	69		purchase of credited service; providing for purchase
59	70		of military service credit; providing requirements to
60	71		purchase such credit; providing restrictions;
61	72		permitting volunteer members to purchase military
62		-	service credit; requiring payment to be received
63		-	prior to commencement of benefits; providing for
64		-	codification; and declaring an emergency.
65		-
66		-
67		-
68		-
69		-	BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA: RBH No. 13157
70		-	ENGR. H. B. NO. 1091 Page 2 1
	73	+	service credit; requiring payment to be received RBH No. 13157
	74	+	HB1091 HFLR Page 2
	75	+	BOLD FACE denotes Committee Amendments. 1
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	100	+	prior to commencement of benefits; providing for
	101	+	codification; and declaring an emergency.
	102	+
	103	+
	104	+
	105	+
	106	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
95	107		SECTION 1. AMENDATORY 11 O.S. 2021, Sectio n 49-100.1, as
96	108		amended by Section 2, Chapter 232, O.S.L. 2022 (11 O.S. Supp. 2024,
97	109		Section 49-100.1), is amended to read as follows:
98	110		Section 49-100.1. As used in this article:
99	111		1. "System" means the Oklahoma Firefighters Pension and
100	112		Retirement System and all predecessor municipal firefighters pension
101	113		and retirement systems;
102	114		2. "Article" means Article 49 of this title;
103	115		3. "State Board" means the Oklahoma Firefighters Pension and
104	116		Retirement Board;
105	117		4. "Local board" means the local firefighters pension and
106	118		retirement boards;
107	119		5. "Fund" means the Oklahoma Firefighters Pension and
108	120		Retirement Fund;
109	121		6. "Member" means all eligible firefighters of a participating
110	122		municipality or a fire protection district who perform the essential
111	123		functions of fire suppression, p revention, and life safety duties in
112	124		a fire department. The term "member" shall include but not be
113	125		limited to the person serving as fire chief of any participating
114		-	municipality, provided that a person serving as fire chief of a
115		-	participating municipality shall meet the age, agility, physical and
116		-	other eligibility requirements required by law at the time said
117		-	person becomes a member of the System. Effective Jul y 1, 1987, a
118		-	member does not include a "leased employee". The term "leased RBH No. 13157
119		-	ENGR. H. B. NO. 1091 Page 3 1
	126	+	municipality, provided that a person serving as fire chief of a RBH No. 13157
	127	+	HB1091 HFLR Page 3
	128	+	BOLD FACE denotes Committee Amendments. 1
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	153	+	participating municipality shall meet the age, agility, physical and
	154	+	other eligibility requirements required by law at the time said
	155	+	person becomes a member of the System. Effective July 1, 1987, a
	156	+	member does not include a "leased employee". The term "leased
144	157		employee" means any p erson (other than an employee of the recipient)
145	158		who pursuant to an agreement between the recipient and any other
146	159		person ("leasing organization") has performed services for the
147	160		recipient (or for the recipient and related persons determined in
148	161		accordance with Section 414(n)(6) of the Internal Revenue Code of
149	162		1986, as amended) on a substantially full -time basis for a period of
150	163		at least one (1) year, and such services are performed under primary
151	164		direction or control by the recipient. Contributions or benefits
152	165		provided a leased employee by the leasing organization which are
153	166		attributable to services performed for the recipient employer shall
154	167		be treated as provided by the recipient employer. A leased employee
155	168		shall not be considered an employee of the recipient i f the
156	169		requirements of the safe harbor provisions of Section 414(n)(5) of
157	170		the Internal Revenue Code of 1986, as amended, are satisfied.
158	171		Effective July 1, 1999, any individual who agrees with the
159	172		participating municipality that the individual's services are to be
160	173		performed as a leased employee or an independent contractor shall
161	174		not be a member regardless of any classification as a common law
162	175		employee by the Internal Revenue Service or any other governmental
163		-	agency, or any court of competent jurisdiction;
164		-	7. "Normal retirement date" means the date at which the member
165		-	is eligible to receive the unreduced payments of the member's
166		-	accrued retirement benefit. Such da te shall be the first day
167		-	following the date the member completes twenty (20) years of RBH No. 13157
168		-	ENGR. H. B. NO. 1091 Page 4 1
	176	+	agency, or any court of competent jurisdiction; RBH No. 13157
	177	+	HB1091 HFLR Page 4
	178	+	BOLD FACE denotes Committee Amendments. 1
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	203	+	7. "Normal retirement date" means the date at which the member
	204	+	is eligible to receive the unreduced payments of the member's
	205	+	accrued retirement benefit. Such date shall be the first day
	206	+	following the date the member completes twenty (20) years of
193	207		credited service. If the member's employment continues past the
194	208		normal retirement date of the member, the actual retirement date of
195	209		the member shall be the first day following the date the member
196	210		terminates employment with more than twenty (20) years of credited
197	211		service;
198	212		8. "Credited service" means the period of service used to
199	213		determine the eligibility for and the amount of benefits payable to
200	214		a member. Credited service shall consist of the period during which
201	215		the member participated in the System or the predeces sor municipal
202	216		systems as an active employee in an eligible membership
203	217		classification, plus any service prior to the establishment of the
204	218		predecessor municipal systems which was credited under the
205	219		predecessor municipal systems; provided, however, "credited service"
206	220		for members from a fire protection district shall not begin accruing
207	221		before July 1, 1982;
208	222		9. "Participating municipality" means a municipality, county
209	223		fire department organized pursuant to subsection D of Section 351 of
210	224		Title 19 of the Oklahoma S tatutes, or fire protection district which
211		-	is making contributions to the System on behalf of its firefighters.
212		-	All participating municipalities shall appoint a fire chief who
213		-	shall supervise and administer the fire department;
214		-	10. "Disability" means the complete inability of the
215		-	firefighter to perform any and every duty of the firefighter's
216		-	regular occupation; provided further, that once benefits have been RBH No. 13157
217		-	ENGR. H. B. NO. 1091 Page 5 1
	225	+	is making contributions to the System on behalf of its firefighters. RBH No. 13157
	226	+	HB1091 HFLR Page 5
	227	+	BOLD FACE denotes Committee Amendments. 1
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	252	+	All participating municipalities shall appoint a fire chief who
	253	+	shall supervise and administer the fire department;
	254	+	10. "Disability" means the complete inability of the
	255	+	firefighter to perform any and every duty of the firefighter's
	256	+	regular occupation; provided further, that once benefits have been
242	257		paid for twenty-four (24) months the provisions of Section 49 -110 of
243	258		this title shall apply to the firefighter;
244	259		11. "Executive Director" means the managing officer of the
245	260		System employed by the State Board;
246	261		12. "Eligible employer" means any municipality with a municipal
247	262		fire department, any county fire department organized pursuant to
248	263		subsection D of Section 351 of Title 19 of the Oklahoma Statutes or
249	264		any fire protection district with an organized fire department;
250	265		13. "Entry date" means the date as of which an eligible
251	266		employer joins the System. The first entry date pursuant to this
252	267		article shall be January 1, 1981;
253	268		14. "Final average salary" means the average paid gross salary
254	269		of the firefighter for normally scheduled hours over the highest
255	270		salaried thirty (30) consecutive months of the last sixty (60)
256	271		months of credited service. Gross salary shall not include payment
257	272		for accumulated sick or annual leave upon termination of employment,
258	273		any uniform allowances or any other compensation for reimbursement
259	274		of out-of-pocket expenses. Only salary on which the required
260		-	contributions have been made may be used in computing the final
261		-	average salary. Effective January 1, 1988, gross salary shall
262		-	include any amount of elective salary r eduction under Section 125 of
263		-	the Internal Revenue Code of 1986, as amended. Gross salary shall
264		-	include any amount of elective salary reduction under Section 457 of
265		-	the Internal Revenue Code of 1986, as amended, and any amount of RBH No. 13157
266		-	ENGR. H. B. NO. 1091 Page 6 1
	275	+	contributions have been made may be u sed in computing the final RBH No. 13157
	276	+	HB1091 HFLR Page 6
	277	+	BOLD FACE denotes Committee Amendments. 1
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	302	+	average salary. Effective January 1, 1988, gross salary shall
	303	+	include any amount of elective salary reduction under Section 125 of
	304	+	the Internal Revenue Code of 1986, as amended. Gross salary shall
	305	+	include any amount of elective salary reduction under Section 457 of
	306	+	the Internal Revenue Code of 1986, as amended, and any amount of
291	307		nonelective salary reduction under Section 414(h) of the Internal
292	308		Revenue Code of 1986, as amended. Effective July 1, 1998, for
293	309		purposes of determining a member's compensation, any contribution by
294	310		the member to reduce the member's regular cash remuneration under
295	311		Section 132(f)(4) of the Internal Revenue Code of 1986, as amended,
296	312		shall be treated as if the member did not make such an election.
297	313		Only salary on which required contributions have been made may be
298	314		used in computing final average salary.
299	315		In addition to other applicable limitations, and notwithstanding
300	316		any other provision to the contrary, for plan years beginning on or
301	317		after July 1, 2002, the ann ual gross salary of each "Noneligible
302	318		Member" taken into account under the System shall not exceed the
303	319		Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA")
304	320		annual salary limit. The EGTRRA annual salary limit is Two Hundred
305	321		Thousand Dollars ($200,000.00), as adjusted by the Commissioner for
306	322		increases in the cost of living in accordance with Section
307	323		401(a)(17)(B) of the Internal Revenue Code of 1986, as amended. The
308	324		annual salary limit in effect for a calendar year applies to any
309		-	period, not exceeding twelve (12) months, over which salary is
310		-	determined ("determination period") beginning in such calendar year.
311		-	If a determination period consists of fewer than twelve (12) months,
312		-	the EGTRRA salary limit will be multiplied by a fraction, the
313		-	numerator of which is the number of months in the determination
314		-	period, and the denominator of which is twelve (12). For purposes RBH No. 13157
315		-	ENGR. H. B. NO. 1091 Page 7 1
	325	+	period, not exceeding twelve (12) months, over which salary is RBH No. 13157
	326	+	HB1091 HFLR Page 7
	327	+	BOLD FACE denotes Committee Amendments. 1
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	352	+	determined ("determination period") beginning in such calendar year.
	353	+	If a determination period consists of fewer than twelve (12) months,
	354	+	the EGTRRA salary limit will be multiplied by a fraction, the
	355	+	numerator of which is the number of months in the determination
	356	+	period, and the denominator of which is twelve (12). For purposes
340	357		of this subsection, a "Noneligible Member" is any member who first
341	358		became a member during a plan year commencing on or after Jul y 1,
342	359		1996.
343	360		For plan years beginning on or after July 1, 2002, any reference
344	361		to the annual salary limit under Section 401(a)(17) of the Internal
345	362		Revenue Code of 1986, as amended, shall mean the EGTRRA salary limit
346	363		set forth in this subsection.
347	364		Effective June 9, 2010, gross salary shall also include gross
348	365		salary, as described above, for services, but paid by the later of
349	366		two and one-half (2 1/2) months after a firefighter's severance from
350	367		employment or the end of the calendar year that includes the date
351	368		the firefighter terminated employment, if it is a payment that,
352	369		absent a severance from employment, would have been paid to the
353	370		firefighter while the firefighter continued in employment with the
354	371		participating municipality.
355	372		Effective June 9, 2010, any payments n ot described above shall
356	373		not be considered gross salary if paid after severance from
357	374		employment, even if they are paid by the later of two and one -half
358		-	(2 1/2) months after the date of severance from employment or the
359		-	end of the calendar year that includes the date of severance from
360		-	employment, except payments to an individual who does not currently
361		-	perform services for the particip ating municipality by reason o f
362		-	qualified military service within the meaning of Section 414(u)(5)
363		-	of the Internal Revenue Code of 1986, as amended, to the extent RBH No. 13157
364		-	ENGR. H. B. NO. 1091 Page 8 1
	375	+	(2 1/2) months after the date of severance from employment or the RBH No. 13157
	376	+	HB1091 HFLR Page 8
	377	+	BOLD FACE denotes Committee Amendments. 1
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	402	+	end of the calendar year that includes the date of severance from
	403	+	employment, except payments to an individual who does not currently
	404	+	perform services for the participating municipality by reason of
	405	+	qualified military service within the meaning of Section 414(u)(5)
	406	+	of the Internal Revenue Code of 1986, as amended, to the extent
389	407		these payments do not exceed the amounts the individual would have
390	408		received if the individual had continued to perform services for the
391	409		participating municipality rather than entering qualified military
392	410		service.
393	411		Effective June 9, 2010, back pay, within the meaning of Section
394	412		1.415(c)-2(g)(8) of the Income Tax Regulations, shall be treated as
395	413		gross salary for the year to which the back pay relates to the
396	414		extent the back pay represents wages and compensation that would
397	415		otherwise be included in this definition.
398	416		Effective for years beginning after December 31, 2008, gross
399	417		salary shall also include differential wage payments under Section
400	418		414(u)(12) of the Internal Revenue Code of 1986, as amended;
401	419		15. "Accrued retirement bene fit" means two and one -half percent
402	420		(2 1/2%) of the firefighter's final average salary multiplied by the
403	421		member's years of credited service not to exceed thirty (30) years;
404	422		16. "Beneficiary" means a member's surviving spouse or any
405	423		surviving children, inc luding biological and adopted children, at
406	424		the time of the member's death. The surviving spouse must have been
407		-	married to the firefighter for the thirty (30) continuous months
408		-	preceding the firefighter's death provided a surviving spouse of a
409		-	member who died while in, or as a consequence of, the performance of
410		-	the member's duty for a participating municipality, shall not be
411		-	subject to the marriage limitation fo r survivor benefits. A
412		-	surviving child of a member shall be a beneficiary until reaching RBH No. 13157
413		-	ENGR. H. B. NO. 1091 Page 9 1
	425	+	married to the firefighter for the thirty (30) continuous months RBH No. 13157
	426	+	HB1091 HFLR Page 9
	427	+	BOLD FACE denotes Committee Amendments. 1
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	452	+	preceding the firefighter's death provided a surviving spouse of a
	453	+	member who died while in, or as a consequence of, the performance of
	454	+	the member's duty for a participating municipality, shall not be
	455	+	subject to the marriage limitation for survivor benefits. A
	456	+	surviving child of a member shall be a beneficiary until reaching
438	457		eighteen (18) years of age or twenty -two (22) years of age if the
439	458		child is enrolled full time and regularly attending a public or
440	459		private school or any institution of higher education. Any child
441	460		adopted by a member after the member's retirement shall be a
442	461		beneficiary only if the child is adopted by the member for the
443	462		thirty (30) continuous months preceding the member's death. Any
444	463		child who is adopted by a member after the member's retirement and
445	464		such member dies accidentally or as a consequence of the performanc e
446	465		of the member's duty as a firefighter shall not be subject to the
447	466		thirty-month adoption requirement. This definition of beneficiary
448	467		shall be in addition to any other requirement set forth in this
449	468		article;
450	469		17. "Contributions" means payments remitted to the System
451	470		pursuant to Section 49 -122 or subsection A of Section 49 -138 of this
452	471		title. Contributions shall not include payments made to repurchase
453	472		credited service pursuant to Section 49 -117.1 of this title,
454	473		payments made to transfer credited service from another retirement
455	474		system pursuant to subsection A of Section 49 -117.2 or Section 49-
456		-	117.3 of this title, or payments made to purchase prior military
457		-	service credit pursuant to subsection E of Section 49 -138 of this
458		-	title;
459		-	18. "Accumulated contributions" means the sum of all
460		-	contributions made by a member to the System and includes both
461		-	contributions deducted from the compensation of a member and RBH No. 13157
462		-	ENGR. H. B. NO. 1091 Page 10 1
	475	+	117.3 of this title, or payments made to purchase prior military RBH No. 13157
	476	+	HB1091 HFLR Page 10
	477	+	BOLD FACE denotes Committee Amendments. 1
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	502	+	service credit pursuant to subsection E of Section 49 -138 of this
	503	+	title;
	504	+	18. "Accumulated contributions" means the sum of all
	505	+	contributions made by a member to the System and includes both
	506	+	contributions deducted from the compensation of a member and
487	507		contributions of a member picked up and paid by the participating
488	508		municipality of the member. Accumulated con tributions shall not
489	509		include any interest on the contributions of the member, interest on
490	510		any amount contributed by the municipality or state and any amount
491	511		contributed by the municipality or state; and
492	512		18. 19. "Limitation year" means the year used in app lying the
493	513		limitations of Section 415 of the Internal Revenue Code of 1986,
494	514		which year shall be the calendar year.
495	515		SECTION 2. AMENDATORY 11 O.S. 2021, Section 49 -113, is
496	516		amended to read as follows:
497	517		Section 49-113. A. 1. In the e vent of the death of a
498	518		firefighter who at the time of the firefighter's death was drawing a
499	519		pension, other than a disability pension, or who at the time of the
500	520		firefighter's death (whether death occurred while on duty, but not
501	521		in or in consequence of the p erformance of duty, or while on
502	522		vacation or off duty) was eligible, upon written request, to retire
503	523		and draw a pension, other than a disability pension, the beneficiary
504	524		of such person shall be paid an amount not to exceed one hundred
505		-	percent (100%) of said pension.
506		-	2. In the event of the death of a firefighter who at the time
507		-	of the firefighter's death was drawing, or eligible to draw, a
508		-	disability pension for a physical or mental disability that occurred
509		-	while in, or in consequence of, the performance of the firefighter's
510		-	duty, and which prevented the effective performance of the RBH No. 13157
511		-	ENGR. H. B. NO. 1091 Page 11 1
	525	+	percent (100%) of said pension. RBH No. 13157
	526	+	HB1091 HFLR Page 11
	527	+	BOLD FACE denotes Committee Amendments. 1
512	528		2
513	529		3
514	530		4
515	531		5
516	532		6
517	533		7
518	534		8
519	535		9
520	536		10
521	537		11
522	538		12
523	539		13
524	540		14
525	541		15
526	542		16
527	543		17
528	544		18
529	545		19
530	546		20
531	547		21
532	548		22
533	549		23
534	550		24
535	551
	552	+	2. In the event of the death of a firefighter who at the time
	553	+	of the firefighter's death was drawing, or eligible to draw, a
	554	+	disability pension for a physical or mental disability that occurred
	555	+	while in, or in consequence of, the performance of the firefighter's
	556	+	duty, and which prevented the effective performance of the
536	557		firefighter's duties, and which caused the State Board to retire the
537	558		firefighter from active service, the beneficiary of such person
538	559		shall be paid an amount not to exceed one hund red percent (100%) of
539	560		the pension paid in accordance with subsection A of Section 49 -109
540	561		of this title.
541	562		3. In the event of the death of a firefighter who at the time
542	563		of the firefighter's death was drawing, or eligible to draw, a
543	564		disability pension for a p hysical or mental disability from causes
544	565		not arising in the line of duty and which prevented the effective
545	566		performance of the firefighter's duties, the beneficiary of such
546	567		person shall be paid an amount not to exceed one hundred percent
547	568		(100%) of the pension paid in accordance with subsection C of
548	569		Section 49-109 of this title.
549	570		4. Effective March 1, 1997, if If a firefighter, who does not
550	571		have a surviving beneficiary, and to whom a retirement or disability
551	572		benefit has been awarded, or who is eligible theref ore, dies or, if
552	573		later, the last surviving beneficiary dies, prior to the date as of
553	574		which the total amount of retirement or disability benefit paid
554		-	equals the total amount of the employee contributions paid by or on
555		-	behalf of the member and the member does not have a surviving
556		-	beneficiary, the total benefits paid as of the date of the member's
557		-	death shall be subtracted from the accumulated employee contribution
558		-	amount and the balance, if greater than Zero Dollars ($0.00), shall
559		-	be paid to the member's estate receiving payments equal to or RBH No. 13157
560		-	ENGR. H. B. NO. 1091 Page 12 1
	575	+	equals the total amount of the employee contributions paid by or on RBH No. 13157
	576	+	HB1091 HFLR Page 12
	577	+	BOLD FACE denotes Committee Amendments. 1
561	578		2
562	579		3
563	580		4
564	581		5
565	582		6
566	583		7
567	584		8
568	585		9
569	586		10
570	587		11
571	588		12
572	589		13
573	590		14
574	591		15
575	592		16
576	593		17
577	594		18
578	595		19
579	596		20
580	597		21
581	598		22
582	599		23
583	600		24
584	601
	602	+	behalf of the member and the member doe s not have a surviving
	603	+	beneficiary, the total benefits paid as of the date of the member's
	604	+	death shall be subtracted from the accumulated employee contribution
	605	+	amount and the balance, if greater than Zero Dollars ($0.00), shall
	606	+	be paid to the member's esta te receiving payments equal to or
585	607		greater than the total contributions made by the employee, as
586	608		defined in the next sentence, then a payment shall be made to the
587	609		member's estate or, if applicable, the last surviving beneficiary's
588	610		estate equal to the total contributions made by the employee minus
589	611		the payments made including payments made, or to be made, from the
590	612		Deferred Option Plan but excluding the death benefit pursuant to
591	613		Section 49-113.2 of this title. The total contributions made by the
592	614		employee for purposes of the prior sentence shall mean the sum of:
593	615		a. the member's accumulated contributions,
594	616		b. payments made to repurchase credited service pursuant
595	617		to Section 49-117.1 of this title,
596	618		c. payments made to transfer credited service from
597	619		another retirement system pursuant to subsection A of
598	620		Section 49-117.2 or Section 49-117.3 of this title,
599	621		and
600	622		d. payments made to purchase prior military service
601	623		credit pursuant to subsection E of Section 49 -138 of
602		-	this title.
603		-	Total contributions, as used in this paragraph, shall exclude
604		-	interest earned or paid with respect to any contribution or payment
605		-	described in subparagraphs a through d of thi s paragraph.
606		-	5. Any person eligible to receive a payment pursuant to this
607		-	section may make an election to waive all or a portion of monthly
608		-	payments. RBH No. 13157
609		-	ENGR. H. B. NO. 1091 Page 13 1
	624	+	this title. RBH No. 13157
	625	+	HB1091 HFLR Page 13
	626	+	BOLD FACE denotes Committee Amendments. 1
610	627		2
611	628		3
612	629		4
613	630		5
614	631		6
615	632		7
616	633		8
617	634		9
618	635		10
619	636		11
620	637		12
621	638		13
622	639		14
623	640		15
624	641		16
625	642		17
626	643		18
627	644		19
628	645		20
629	646		21
630	647		22
631	648		23
632	649		24
633	650
	651	+	Total contributions, as used in this paragraph , shall exclude
	652	+	interest earned or paid with respect to any contribution or payment
	653	+	described in subparagraphs a through d of this paragraph .
	654	+	5. Any person eligible to receive a payment pursuant to this
	655	+	section may make an election to waive all or a porti on of monthly
	656	+	payments.
634	657		B. In the event of the death of the surviving spouse, the
635	658		pension shall cease, and should there then be but one living child
636	659		same shall receive an amount equal to one hundred percent (100%) of
637	660		said pension, but if there then be mor e than one living child, one
638	661		hundred percent (100%) of said pension shall be divided equally
639	662		between the children until each child reaches the age of eighteen
640	663		(18) years or until the age of twenty -two (22) years if the child is
641	664		enrolled full time and regul arly attending a public or private
642	665		school or any institution of higher education. Provided, that in
643	666		the event the State Board finds that such a child who is not married
644	667		at the time of death of the member or the member's surviving spouse
645	668		and who at the time the child attains or attained the age of
646	669		eighteen (18) years is either physically or mentally disabled, the
647	670		pension thereof shall continue so long as such disability remains;
648	671		provided, that upon the death of the firefighter and surviving
649	672		spouse, if any, said physically or mentally disabled child shall be
650	673		entitled to have paid to the child's trustee of a trust, whether
651		-	inter vivos or testamentary, which trust p rovides for the receipt of
652		-	the pension benefits to be held and administered for the sole
653		-	benefit of said physically or mentally disabled child, or if there
654		-	is no trust, to the child's legally appointed guardian, an amount
655		-	not to exceed one hundred percent (100%) of said pension. The money
656		-	so paid to the guardian or trustee shall be used solely for the
657		-	benefit of the disabled child and it shall be reported annually to RBH No. 13157
658		-	ENGR. H. B. NO. 1091 Page 14 1
659		-	2
660		-	3
661		-	4
662		-	5
663		-	6
664		-	7
665		-	8
666		-	9
667		-	10
668		-	11
669		-	12
670		-	13
671		-	14
672		-	15
673		-	16
674		-	17
675		-	18
676		-	19
677		-	20
678		-	21
679		-	22
680		-	23
681		-	24
682		-
683		-	the State Board. A child shall not be considered disabled if the
684		-	child is able to pursue a remunerative occupation, with the
685		-	remuneration being reasonably substantial rather than merely
686		-	nominal. The payment so provided shall be calculated after payments
687		-	have been made to all eligible children as provided in this section;
688		-	provided further, tha t beneficiaries now receiving pensions under
689		-	the provisions of Sections 49 -112 or 49-113 of this title shall,
690		-	upon application to the State Board, thereafter be entitled to a
691		-	pension equal to the amount which they would have received if this
692		-	act were in effect at the time the right to said pension accrued.
693		-	C. In the event a surviving spouse of a member remarried prior
694		-	to June 7, 1993, the surviving spouse shall be eligible to receive
695		-	the pension benefits provided for in this s ection. To receive the
696		-	pension benefits provided for in this section the surviving spouse
697		-	falling within this section shall submit a written request for such
698		-	benefits to the Oklahoma Firefighters Pension and Retirement System.
699		-	The Oklahoma Firefighters Pension and Retirement System s hall
700		-	approve requests by surviving spouses meeting the requirements of
701		-	this section. Upon approval by the Oklahoma Firefighters Pension
702		-	and Retirement System, the surviving spouse shall be entitled to the
703		-	pension benefits pro vided for in this section begi nning from the
704		-	date of approval forward. Pension benefits provided to surviving
705		-	spouses falling within this section shall not apply to alter any
706		-	amount of pension benefits paid or due prior to the Oklahoma RBH No. 13157
707		-	ENGR. H. B. NO. 1091 Page 15 1
708		-	2
709		-	3
710		-	4
711		-	5
712		-	6
713		-	7
714		-	8
715		-	9
716		-	10
717		-	11
718		-	12
719		-	13
720		-	14
721		-	15
722		-	16
723		-	17
724		-	18
725		-	19
726		-	20
727		-	21
728		-	22
729		-	23
730		-	24
731		-
732		-	Firefighters Pension and Retirement System's appr oval of the
733		-	remarried surviving spouse's written request for benefits.
734		-	D. No surviving spouse shall receive benefits from this
735		-	section, Section 50-117 of this title, or Section 2 -306 of Title 47
736		-	of the Oklahoma Statutes as th e surviving spouse of more tha n one
737		-	member of the Oklahoma Firefighters Pension and Retirement System,
738		-	the Oklahoma Police Pension and Retirement System, or the Oklahoma
739		-	Law Enforcement Retirement System. The surviving spouse of more
740		-	than one member shall elect which member's benefits he or she will
741		-	receive.
742		-	E. Upon the death of a retired member, the benefit payment for
743		-	the month in which the retired member died, if not previously paid,
744		-	shall be made to the beneficiary of the member or to the member's
745		-	estate if there is no beneficiary . Such benefit payment shall be
746		-	made in an amount equal to a full monthly benefit payment regardless
747		-	of the day of the month in which the retired member died.
748		-	F. Upon the death of an unmarried firefighter, or a firefighter
749		-	whose spouse does not meet the qualifications of beneficiary who has
750		-	one or more children, said child or children shall receive pension
751		-	benefits as provided in subsection B of this section as if the
752		-	surviving spouse had died; provided, that upon the death o f the
753		-	firefighter, said child or children shall be entitled to have the
754		-	System pay to the child's or children's trustee of a trust, whether
755	674		inter vivos or testamentary, which trust provides for the receipt of RBH No. 13157
756		-	ENGR. H. B. NO. 1091 Page 16 1
	675	+	HB1091 HFLR Page 14
	676	+	BOLD FACE denotes Committee Amendments. 1
757	677		2
758	678		3
759	679		4
760	680		5
761	681		6
762	682		7
763	683		8
764	684		9
765	685		10
766	686		11
767	687		12
768	688		13
769	689		14
770	690		15
771	691		16
772	692		17
773	693		18
774	694		19
775	695		20
776	696		21
777	697		22
778	698		23
779	699		24
780	700
781	701		the pension benefits to be held and administered for the sole
782		-	benefit of said child, or if there is no trust, to the child's or
783		-	children's legally appointed guardian, the pension benefits as
784		-	provided in subsection B of this section in an amount not to exceed
785		-	one hundred percent (100%) of said pension. The money so paid to
786		-	the guardian or trustee shall be used solely for the benefit of the
787		-	child and it shall be reported annually to the State Board.
788		-	SECTION 3. AMENDATORY 11 O.S. 2021, Section 49 -117.1, as
789		-	amended by Section 7, Chapter 232, O.S.L. 2022 (11 O. S. Supp. 2024,
790		-	Section 49-117.1), is amended to read as follows:
791		-	Section 49-117.1. A. A member who terminates service before
792		-	normal retirement date, other than by death or disability shall,
793		-	upon application filed with the St ate Board, be refunded from th e
794		-	Fund an amount equal to the accumulated sum of:
795		-	1. Accumulated contributions the member has made to the Fund ,
796		-	but excluding any interest or ;
797		-	2. Payments made to repurchase credited service pursuant to
798		-	this section;
799		-	3. Payments made to transfer credite d service from another
800		-	retirement system pursuant to subsection A of Section 49 -117.2 or
801		-	Section 49-117.3 of this title; and
802		-	4. Payments made to purchase prior military service credit
803		-	pursuant to subsection E of Section 49 -138 of this title. RBH No. 13157
804		-	ENGR. H. B. NO. 1091 Page 17 1
	702	+	benefit of said physically or mentally disabled child, or if there
	703	+	is no trust, to the child's legally appointed guardian, an amount
	704	+	not to exceed one hundred percent (100%) of said pension. The money
	705	+	so paid to the guardian or trustee shall be used solely for th e
	706	+	benefit of the disabled child and it shall be reported annually to
	707	+	the State Board. A child shall not be considered disabled if the
	708	+	child is able to pursue a remunerative occupation, with the
	709	+	remuneration being reasonably substantial rather than merely
	710	+	nominal. The payment so provided shall be calculated after payments
	711	+	have been made to all eligible children as provided in this section;
	712	+	provided further, that beneficiaries now receiving pensions under
	713	+	the provisions of Sections 49 -112 or 49-113 of this title shall,
	714	+	upon application to the State Board, thereafter be entitled to a
	715	+	pension equal to the amount which they would have received if this
	716	+	act were in effect at the time the right to said pension accrued.
	717	+	C. In the event a surviving spouse of a memb er remarried prior
	718	+	to June 7, 1993, the surviving spouse shall be eligible to receive
	719	+	the pension benefits provided for in this section. To receive the
	720	+	pension benefits provided for in this section the surviving spouse
	721	+	falling within this section shall su bmit a written request for such
	722	+	benefits to the Oklahoma Firefighters Pension and Retirement System.
	723	+	The Oklahoma Firefighters Pension and Retirement System shall
	724	+	approve requests by surviving spouses meeting the requirements of RBH No. 13157
	725	+	HB1091 HFLR Page 15
	726	+	BOLD FACE denotes Committee Amendments. 1
805	727		2
806	728		3
807	729		4
808	730		5
809	731		6
810	732		7
811	733		8
812	734		9
813	735		10
814	736		11
815	737		12
816	738		13
817	739		14
818	740		15
819	741		16
820	742		17
821	743		18
822	744		19
823	745		20
824	746		21
825	747		22
826	748		23
827	749		24
828	750
829		-	A refund made pursuant to this paragraph shall exclude interest
830		-	earned or paid with respect to any contribution or payment described
831		-	in subparagraphs 1 through 4 of this subsection, and any amount
832		-	contributed by the municipality or state , and interest earned with
833		-	respect to such contributed amount .
834		-	B. If a member has completed ten (10) years of credited service
835		-	at the date of termination, the member may elect a vested benefit in
836		-	lieu of receiving the member's accumulated contributions refund
837		-	described in subsection A o f this section.
838		-	C. If the member who has completed ten (10) or more years of
839		-	credited service as prescribed by subsection B of this section
840		-	elects the vested benefit, the member shall be entitled to a monthly
841		-	retirement annuity commencing on the date the member reaches fifty
842		-	(50) years of age or the date the member would have had twenty (20)
843		-	years of credited service had the member's employment continued
844		-	uninterrupted, whichever is later. The annual amount of such
845		-	retirement annuity shall be equal to two and one-half percent (2
846		-	1/2%) of the annualized final average salary multiplied by the
847		-	number of years of credited service not to exceed thirty (30) years.
848		-	The death benefits provided for in Section 49 -113.2 of this title
849		-	shall not apply to any member ret iring under the provisions of this
850		-	section.
851		-	D. If a member who terminated employment and elected, or was
852		-	eligible to elect, a vested benefit dies prior to being eligible to RBH No. 13157
853		-	ENGR. H. B. NO. 1091 Page 18 1
	751	+	this section. Upon approv al by the Oklahoma Firefighters Pension
	752	+	and Retirement System, the surviving spouse shall be entitled to the
	753	+	pension benefits provided for in this section beginning from the
	754	+	date of approval forward. Pension benefits provided to surviving
	755	+	spouses falling within this section shall not apply to alter any
	756	+	amount of pension benefits paid or due prior to the Oklahoma
	757	+	Firefighters Pension and Retirement System's approval of the
	758	+	remarried surviving spouse's written request for benefits.
	759	+	D. No surviving spouse sh all receive benefits from this
	760	+	section, Section 50-117 of this title, or Section 2 -306 of Title 47
	761	+	of the Oklahoma Statutes as the surviving spouse of more than one
	762	+	member of the Oklahoma Firefighters Pension and Retirement System,
	763	+	the Oklahoma Police Pens ion and Retirement System, or the Oklahoma
	764	+	Law Enforcement Retirement System. The surviving spouse of more
	765	+	than one member shall elect which member's benefits he or she will
	766	+	receive.
	767	+	E. Upon the death of a retired member, the benefit payment for
	768	+	the month in which the retired member died, if not previously paid,
	769	+	shall be made to the beneficiary of the member or to the member's
	770	+	estate if there is no beneficiary. Such benefit payment shall be
	771	+	made in an amount equal to a full monthly benefit payment regard less
	772	+	of the day of the month in which the retired member died.
	773	+	F. Upon the death of an unmarried firefighter, or a firefighter
	774	+	whose spouse does not meet the qualifications of beneficiary who has RBH No. 13157
	775	+	HB1091 HFLR Page 16
	776	+	BOLD FACE denotes Committee Amendments. 1
854	777		2
855	778		3
856	779		4
857	780		5
858	781		6
859	782		7
860	783		8
861	784		9
862	785		10
863	786		11
864	787		12
865	788		13
866	789		14
867	790		15
868	791		16
869	792		17
870	793		18
871	794		19
872	795		20
873	796		21
874	797		22
875	798		23
876	799		24
877	800
878		-	receive benefits, the member's beneficiary, as defin ed in paragraph
879		-	16 of Section 49-100.1 of this title, shall be entitled to the
880		-	member's normal monthly retirement benefit on the date the deceased
881		-	member would have been eligible to receive the benefit.
882		-	E. If a member terminates employment and withdraws the member's
883		-	accumulated contributions and then subsequently rejoins the System,
884		-	he may pay to the System the sum of the accumulated contributions he
885		-	has withdrawn plus five percent (5%) ten percent (10%) annual
886		-	interest from the date of withdrawal to the date of repayment and
887		-	shall receive the same benefits as if he had never withdrawn his
888		-	contributions; however, effective January 1, 1991, the rate of
889		-	interest provided herein shall be ten percent (10%) per annum .
890		-	F. Lump-sum payments for repayment of any amounts received
891		-	because of a member's prior termination with interest may be repaid
892		-	by a trustee-to-trustee transfer of non -Roth funds from a Code
893		-	Section 403(b) annuity, a governmental Code Section 457 plan, and/or
894		-	a Code Section 401(a) qualified plan Members may make the repayment
895		-	described in subsection E of this section in cash by a trustee -to-
896		-	trustee transfer or direct rollover of non -Roth funds from a Code
897		-	Section 403(b) annuity or custodial account, an eligible deferred
898		-	compensation plan described in Code Section 457(b) which is
899		-	maintained by an eligible employer described in Code Section
900		-	457(e)(1)(A), a Code Section 401(a) qualified plan, or a combination RBH No. 13157
901		-	ENGR. H. B. NO. 1091 Page 19 1
	801	+	one or more children, said child or children shall receive pension
	802	+	benefits as provided in subsection B of this section as if the
	803	+	surviving spouse had died; provided, that upon the death of the
	804	+	firefighter, said child or children shall be entitled to have the
	805	+	System pay to the child's or children's trustee of a tr ust, whether
	806	+	inter vivos or testamentary, which trust provides for the receipt of
	807	+	the pension benefits to be held and administered for the sole
	808	+	benefit of said child, or if there is no trust, to the child's or
	809	+	children's legally appointed guardian, the pen sion benefits as
	810	+	provided in subsection B of this section in an amount not to exceed
	811	+	one hundred percent (100%) of said pension. The money so paid to
	812	+	the guardian or trustee shall be used solely for the benefit of the
	813	+	child and it shall be reported annual ly to the State Board.
	814	+	SECTION 3. AMENDATORY 11 O.S. 2021, Section 49 -117.1, as
	815	+	amended by Section 7, Chapter 232, O.S.L. 2022 (11 O.S. Supp. 2024,
	816	+	Section 49-117.1), is amended to read as follows:
	817	+	Section 49-117.1. A. A member who terminates service before
	818	+	normal retirement date, other than by death or disability shall,
	819	+	upon application filed with the State Board, be refunded from the
	820	+	Fund an amount equal to the accumulated sum of:
	821	+	1. Accumulated contributions the member has ma de to the Fund,
	822	+	but excluding any interest or ;
	823	+	2. Payments made to repurchase credited service pursuant to
	824	+	this section; RBH No. 13157
	825	+	HB1091 HFLR Page 17
	826	+	BOLD FACE denotes Committee Amendments. 1
902	827		2
903	828		3
904	829		4
905	830		5
906	831		6
907	832		7
908	833		8
909	834		9
910	835		10
911	836		11
912	837		12
913	838		13
914	839		14
915	840		15
916	841		16
917	842		17
918	843		18
919	844		19
920	845		20
921	846		21
922	847		22
923	848		23
924	849		24
925	850
926		-	thereof, provided that after -tax funds in retirement plans shall not
927		-	be used to make a repayment .
928		-	G. In the event the member does not pay the purchase price in
929		-	whole or part pursuant to subsection F of this section, the State
930		-	Board may permit the member to pay the remaining purchase price in
931		-	cash by certified check, to amortize the remaining purchase price
932		-	over a period not to e xceed sixty (60) months, or other method
933		-	approved by the State Board. Any amortized payments under this
934		-	subsection shall be made by payroll deductions on an after -tax basis
935		-	and shall not be picked up by the member's employer. The amortized
936		-	payments shall include interest at a rate not to exceed the
937		-	actuarially assumed interest rate adopted by the State Board for
938		-	investment earnings each year. Any member who ceases to make
939		-	payment, terminates, retires, or dies before completing the payments
940		-	provided for in this subsection shall receive prorated service
941		-	credit for only those payments made, not including interest, unless
942		-	the unpaid balance, including interest, is paid by the member, the
943		-	member's surviving spouse, the member's be neficiary, or the member's
944		-	estate or successor in interest within ninety (90) days after the
945		-	first to occur of said member's termination, retirement, or death;
946		-	provided that no retirement benefits shall be payable until the
947		-	earliest of the date the unpaid balance is paid in full or nin ety
948		-	(90) days after the first to occur of the member's termination,
949		-	retirement, or death. RBH No. 13157
950		-	ENGR. H. B. NO. 1091 Page 20 1
	851	+	3. Payments made to transfer credited service from another
	852	+	retirement system pursuant to subsection A of Section 49 -117.2 or
	853	+	Section 49-117.3 of this title; and
	854	+	4. Payments made to purchase prior military service credit
	855	+	pursuant to subsection E of Section 49 -138 of this title.
	856	+	A refund made pursuant to this paragraph shall exclude interest
	857	+	earned or paid with respect to any contributio n or payment described
	858	+	in subparagraphs 1 through 4 of this subsection, and any amount
	859	+	contributed by the municipality or state , and interest earned with
	860	+	respect to such contributed amount .
	861	+	B. If a member has completed ten (10) years of credited service
	862	+	at the date of termination, the member may elect a vested benefit in
	863	+	lieu of receiving the member's accumulated contributions refund
	864	+	described in subsection A of this section .
	865	+	C. If the member who has completed ten (10) or more years of
	866	+	credited service as prescribed by subsection B of this section
	867	+	elects the vested benefit, the member shall be entitled to a monthly
	868	+	retirement annuity commencing on the date the member reaches fifty
	869	+	(50) years of age or the date the member would have had twenty (20)
	870	+	years of credited service had the member's employment continued
	871	+	uninterrupted, whichever is later. The annual amount of such
	872	+	retirement annuity shall be equal to two and one -half percent (2
	873	+	1/2%) of the annualized final average salary multiplied by the
	874	+	number of years of credited service not to exceed thirty (30) years. RBH No. 13157
	875	+	HB1091 HFLR Page 18
	876	+	BOLD FACE denotes Committee Amendments. 1
951	877		2
952	878		3
953	879		4
954	880		5
955	881		6
956	882		7
957	883		8
958	884		9
959	885		10
960	886		11
961	887		12
962	888		13
963	889		14
964	890		15
965	891		16
966	892		17
967	893		18
968	894		19
969	895		20
970	896		21
971	897		22
972	898		23
973	899		24
974	900
975		-	H. A firefighter shall not be permitted to withdraw from the
976		-	System while employed as a firefighter in a participating
977		-	municipality.
978		-	I. The State Board shall promul gate such rules or procedures as
979		-	are necessary to implement the provisions of this section.
980		-	SECTION 4. AMENDATORY 11 O.S. 2021, Section 49 -117.3, is
981		-	amended to read as follows:
982		-	Section 49-117.3. A. The State Board shall adopt ru les or
983		-	procedures for computation of the purchase price for transferred
984		-	credited service. These rules or procedures shall base the purchase
985		-	price for each year purchased on the actuarial cost of the
986		-	incremental projected bene fits to be purchased. The pur chase price
987		-	shall represent the present value of the incremental projected
988		-	benefits discounted according to the member's age at the time of
989		-	purchase. Incremental projected benefits shall be the difference
990		-	between the projected benefit said member would re ceive without
991		-	purchasing the transferred credited service and the projected
992		-	benefit after purchase of the transferred credited service computed
993		-	as of the earliest age at which the member would be able to retire.
994		-	Said computation shall assume an unreduced benefit and be computed
995		-	using interest and mortality assumptions consistent with the
996		-	actuarial assumptions adopted by the Board of Trustees for purposes
997		-	of preparing the annual actuarial evaluation. RBH No. 13157
998		-	ENGR. H. B. NO. 1091 Page 21 1
	901	+	The death benefits provided for in Section 49 -113.2 of this title
	902	+	shall not apply to any member retiring under the provisions of this
	903	+	section.
	904	+	D. If a member who terminated employment and elected , or was
	905	+	eligible to elect, a vested benefit dies prior to being eligible to
	906	+	receive benefits, the member's beneficiary, as defined in paragraph
	907	+	16 of Section 49-100.1 of this title, shall be entitled to the
	908	+	member's normal monthly retirement benefit on th e date the deceased
	909	+	member would have been eligible to receive the benefit.
	910	+	E. If a member terminates employment and withdraws the member's
	911	+	accumulated contributions and then subsequently rejoins the System,
	912	+	he may pay to the System the sum of the accumul ated contributions he
	913	+	has withdrawn plus five percent (5%) ten percent (10%) annual
	914	+	interest from the date of withdrawal to the date of repayment and
	915	+	shall receive the same benefits as if he had never withdrawn his
	916	+	contributions; however, effective January 1, 1991, the rate of
	917	+	interest provided herein shall be ten percent (10%) per annum .
	918	+	F. Lump-sum payments for repayment of any amounts received
	919	+	because of a member's prior termination with interest may be repaid
	920	+	by a trustee-to-trustee transfer of non -Roth funds from a Code
	921	+	Section 403(b) annuity, a governmental Code Section 457 plan, and/or
	922	+	a Code Section 401(a) qualified plan Members may make the repayment
	923	+	described in subsection E of this section in cash by a trustee -to-
	924	+	trustee transfer or direct rollov er of non-Roth funds from a Code RBH No. 13157
	925	+	HB1091 HFLR Page 19
	926	+	BOLD FACE denotes Committee Amendments. 1
999	927		2
1000	928		3
1001	929		4
1002	930		5
1003	931		6
1004	932		7
1005	933		8
1006	934		9
1007	935		10
1008	936		11
1009	937		12
1010	938		13
1011	939		14
1012	940		15
1013	941		16
1014	942		17
1015	943		18
1016	944		19
1017	945		20
1018	946		21
1019	947		22
1020	948		23
1021	949		24
1022	950
1023		-	B. In the event that the member is unable to pay the pur chase
1024		-	price provided for in this section by the due date, the State Board
1025		-	shall permit the members to amortize the purchase price over a
1026		-	period not to exceed sixty (60) months. Said payments shall be made
1027		-	by payroll deduction s unless the State Board permi ts an alternate
1028		-	payment source. The amortization shall include interest in an
1029		-	amount not to exceed the actuarially assumed interest rate adopted
1030		-	by the State Board for investment earnings each year. Any member
1031		-	who ceases to make payment, terminates, reti res or dies before
1032		-	completing the payments provided for in this section shall receive
1033		-	prorated service credit for only those payments made, unless the
1034		-	unpaid balance is paid by said member, his or her estate or
1035		-	successor in interest within six (6) months a fter said member's
1036		-	death, termination of employment or retirement, provided no
1037		-	retirement benefits shall be payable until the unpaid balance is
1038		-	paid, unless said member or beneficiary affirmatively waives the
1039		-	additional six-month period in which to pay the unpaid balance. The
1040		-	State Board shall promulgate such rules as are necessary to
1041		-	implement the provisions of this subsection A member wishing to
1042		-	purchase transferred credited service from another retirement system
1043		-	must be an active paid member at the time of purchase and must have
1044		-	been an active paid member for a minimum of thirty (30) months so as
1045		-	to establish an adequate salary history for the computation of the
1046		-	purchase price of transferred credited service. Upon application by RBH No. 13157
1047		-	ENGR. H. B. NO. 1091 Page 22 1
	951	+	Section 403(b) annuity or custodial account, an eligible deferred
	952	+	compensation plan described in Code Section 457(b) which is
	953	+	maintained by an eligible employer described in Code Section
	954	+	457(e)(1)(A), a Code Section 401(a) qualified plan, or a combination
	955	+	thereof, provided that after -tax funds in retirement plans shall not
	956	+	be used to make a repayment .
	957	+	G. In the event the member does not pay the purchase price in
	958	+	whole or part pursuant to subsection F of this section, the St ate
	959	+	Board may permit the member to pay the remaining purchase price in
	960	+	cash by certified check, to amortize the remaining purchase price
	961	+	over a period not to exceed sixty (60) months, or other method
	962	+	approved by the State Board. Any amortized payments und er this
	963	+	subsection shall be made by payroll deductions on an after -tax basis
	964	+	and shall not be picked up by the member's employer. The amortized
	965	+	payments shall include interest at a rate not to exceed the
	966	+	actuarially assumed interest rate adopted by the St ate Board for
	967	+	investment earnings each year. Any member who ceases to make
	968	+	payment, terminates, retires, or dies before completing the payments
	969	+	provided for in this subsection shall receive prorated service
	970	+	credit for only those payments made, not includi ng interest, unless
	971	+	the unpaid balance, including interest, is paid by the member, the
	972	+	member's surviving spouse, the member's beneficiary, or the member's
	973	+	estate or successor in interest within ninety (90) days after the
	974	+	first to occur of said member's te rmination, retirement, or death; RBH No. 13157
	975	+	HB1091 HFLR Page 20
	976	+	BOLD FACE denotes Committee Amendments. 1
1048	977		2
1049	978		3
1050	979		4
1051	980		5
1052	981		6
1053	982		7
1054	983		8
1055	984		9
1056	985		10
1057	986		11
1058	987		12
1059	988		13
1060	989		14
1061	990		15
1062	991		16
1063	992		17
1064	993		18
1065	994		19
1066	995		20
1067	996		21
1068	997		22
1069	998		23
1070	999		24
1071	1000
1072		-	an eligible member to pu rchase transferred credited service, the
1073		-	State Board shall provide the member with a computation of the
1074		-	purchase price for transferred credited service. The computed
1075		-	purchase price shall be good for ninety (90) days from the date the
1076		-	computed purchase pri ce is provided to the member and, except as
1077		-	otherwise provided in subsection F of this section, must be paid
1078		-	within such ninety-day period. After the expiration of the ninety -
1079		-	day period without payment by the member, or payment commencing as
1080		-	provided in subsection F of this section, the member must reapply to
1081		-	purchase transferred credited service, a new purchase price must be
1082		-	computed and provided to the member by the State Board, and a new
1083		-	ninety-day period shall commence.
1084		-	C. Transferred credited service shall be taken into account
1085		-	only if payment is received prior to the commencement of benefits,
1086		-	except as otherwise provided in subsection F of this section .
1087		-	C. D. Members who pay the purchase price in cash by the due
1088		-	date described in subsection B of thi s section may make payment by:
1089		-	1. A trustee-to-trustee transfer of non -Roth funds from a Code
1090		-	Section 403(b) annuity or custodial account, an eligible deferred
1091		-	compensation plan described in Code Section 457(b) which is
1092		-	maintained by an eligible employer described in Code Section
1093		-	457(e)(1)(A), and/or a Code Section 401(a) qualified plan , provided
1094		-	that after-tax funds in retirement plans shall not be used to
1095		-	purchase transferred credited service ; or RBH No. 13157
1096		-	ENGR. H. B. NO. 1091 Page 23 1
	1001	+	provided that no retirement benefits shall be payable until the
	1002	+	earliest of the date the unpaid balance is paid in full or ninety
	1003	+	(90) days after the first to occur of the member's termination,
	1004	+	retirement, or death.
	1005	+	H. A firefighter shall not be permitted to withdraw from the
	1006	+	System while employed as a firefighter in a participating
	1007	+	municipality.
	1008	+	I. The State Board shall promulgate such rules or procedures as
	1009	+	are necessary to implement the provisions of this section.
	1010	+	SECTION 4. AMENDATORY 11 O.S. 2021, Section 49 -117.3, is
	1011	+	amended to read as follows:
	1012	+	Section 49-117.3. A. The State Board shall adopt rules or
	1013	+	procedures for computation of the purchase price for transferred
	1014	+	credited service. These rules or procedures shall base the purchase
	1015	+	price for each year purchased on the actuarial cost of the
	1016	+	incremental projected benefits to be purchased. The purchase price
	1017	+	shall represent the present value of the incremental projected
	1018	+	benefits discounted ac cording to the member's age at the time of
	1019	+	purchase. Incremental projected benefits shall be the difference
	1020	+	between the projected benefit said member would receive without
	1021	+	purchasing the transferred credited service and the projected
	1022	+	benefit after purchas e of the transferred credited service computed
	1023	+	as of the earliest age at which the member would be able to retire.
	1024	+	Said computation shall assume an unreduced benefit and be computed RBH No. 13157
	1025	+	HB1091 HFLR Page 21
	1026	+	BOLD FACE denotes Committee Amendments. 1
1097	1027		2
1098	1028		3
1099	1029		4
1100	1030		5
1101	1031		6
1102	1032		7
1103	1033		8
1104	1034		9
1105	1035		10
1106	1036		11
1107	1037		12
1108	1038		13
1109	1039		14
1110	1040		15
1111	1041		16
1112	1042		17
1113	1043		18
1114	1044		19
1115	1045		20
1116	1046		21
1117	1047		22
1118	1048		23
1119	1049		24
1120	1050
1121		-	2. A direct rollover of tax -deferred funds from a Code Se ction
1122		-	403(b) annuity or custodial account, an eligible deferred
1123		-	compensation plan described in Code Section 457(b) which is
1124		-	maintained by an eligible employer described in Code Section
1125		-	457(e)(1)(A), a Code Section 401(a) quali fied plan, and/or a Code
1126		-	Section 408(a) or 408(b) traditional or conduit Individual
1127		-	Retirement Account or Annuity (IRA) ., provided that Roth accounts,
1128		-	after-tax funds in retirement plans or IRAs, and Coverdell Education
1129		-	Savings Accounts shall not be used to purchase transferred credite d
1130		-	service; or
1131		-	3. Certified check.
1132		-	A combination of payment methods described in paragraphs 1 through 3
1133		-	of this subsection may be used .
1134		-	The State Board shall promulgate such rules or procedures as are
1135		-	necessary to implement th e provisions of this subsectio n.
1136		-	D. E. Members amortizing the purchase price and making
1137		-	amortized payments by payroll deduction on an after-tax basis,
1138		-	pursuant to subsection F of this section , shall have the option of
1139		-	making a cash lump-sum payment for the balance of the actuarial
1140		-	purchase price with interest due through the date of payment by:
	1051	+	using interest and mortality assumptions consistent with the
	1052	+	actuarial assumptions adopted by the Board of Trustees for purposes
	1053	+	of preparing the annual actuarial evaluation.
	1054	+	B. In the event that the member is unable to pay the purchase
	1055	+	price provided for in this section by the due date, the State Board
	1056	+	shall permit the member s to amortize the purchase price over a
	1057	+	period not to exceed sixty (60) months. Said payments shall be made
	1058	+	by payroll deductions unless the State Board permits an alternate
	1059	+	payment source. The amortization shall include interest in an
	1060	+	amount not to exceed the actuarially assumed interest rate adopted
	1061	+	by the State Board for investment earnings each year. Any member
	1062	+	who ceases to make payment, terminates, retires or dies before
	1063	+	completing the payments provided for in this section shall receive
	1064	+	prorated service credit for only those payments made, unless the
	1065	+	unpaid balance is paid by said member, his or her estate or
	1066	+	successor in interest within six (6) months after said member's
	1067	+	death, termination of employment or retirement, provided no
	1068	+	retirement benefits shall be payable until the unpaid balance is
	1069	+	paid, unless said member or beneficiary affirmatively waives the
	1070	+	additional six-month period in which to pay the unpaid balance. The
	1071	+	State Board shall promulgate such rules as are necessary to
	1072	+	implement the provisions of this subsection A member wishing to
	1073	+	purchase transferred credited service from another retirement system
	1074	+	must be an active paid member at the time of purchase and must have RBH No. 13157
	1075	+	HB1091 HFLR Page 22
	1076	+	BOLD FACE denotes Committee Amendments. 1
	1077	+	2
	1078	+	3
	1079	+	4
	1080	+	5
	1081	+	6
	1082	+	7
	1083	+	8
	1084	+	9
	1085	+	10
	1086	+	11
	1087	+	12
	1088	+	13
	1089	+	14
	1090	+	15
	1091	+	16
	1092	+	17
	1093	+	18
	1094	+	19
	1095	+	20
	1096	+	21
	1097	+	22
	1098	+	23
	1099	+	24
	1100	+
	1101	+	been an active paid member for a minimum of thirty (30) months so as
	1102	+	to establish an adequate salary history for the computation of the
	1103	+	purchase price of transferred credited service. Upon application by
	1104	+	an eligible member to purchase transferred credited service, the
	1105	+	State Board shall provide the member with a computation of the
	1106	+	purchase price for transferred credited service. The computed
	1107	+	purchase price shall be good for ninety (90) days from the date the
	1108	+	computed purchase price is provided to the member and, except as
	1109	+	otherwise provided in subsection F of this section, m ust be paid
	1110	+	within such ninety-day period. After the expiration of the ninety -
	1111	+	day period without payment by the member, or payment commencing as
	1112	+	provided in subsection F of this section, the member must reapply to
	1113	+	purchase transferred credited service, a new purchase price must be
	1114	+	computed and provided to the member by the State Board, and a new
	1115	+	ninety-day period shall commence.
	1116	+	C. Transferred credited service shall be taken into account
	1117	+	only if payment is received prior to the commencement of benefits,
	1118	+	except as otherwise provided in subsection F of this section .
	1119	+	C. D. Members who pay the purchase price in cash by the due
	1120	+	date described in subsection B of this section may make payment by:
1141	1121		1. A trustee-to-trustee transfer of non -Roth funds from a Code
1142	1122		Section 403(b) annuity or custodial account, an eligible deferred
1143	1123		compensation plan described in Code Section 457(b) which is
1144	1124		maintained by an eligible employer described in Code Section RBH No. 13157
1145		-	ENGR. H. B. NO. 1091 Page 24 1
	1125	+	HB1091 HFLR Page 23
	1126	+	BOLD FACE denotes Committee Amendments. 1
1146	1127		2
1147	1128		3
1148	1129		4
1149	1130		5
1150	1131		6
1151	1132		7
1152	1133		8
1153	1134		9
1154	1135		10
1155	1136		11
1156	1137		12
1157	1138		13
1158	1139		14
1159	1140		15
1160	1141		16
1161	1142		17
1162	1143		18
1163	1144		19
1164	1145		20
1165	1146		21
1166	1147		22
1167	1148		23
1168	1149		24
1169	1150
1170	1151		457(e)(1)(A), and/or a Code Section 401(a) qualified plan , provided
1171	1152		that after-tax funds in retirement plans shall not be used to
1172	1153		purchase transferred credited service ; or
1173	1154		2. A direct rollover of tax -deferred funds from a Code Section
1174	1155		403(b) annuity or custodial account, an eligible deferred
1175	1156		compensation plan described in Co de Section 457(b) which is
1176	1157		maintained by an eligible employer described in Code Section
1177	1158		457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code
1178	1159		Section 408(a) or 408(b) traditional or conduit Individual
1179	1160		Retirement Account or Annuity (IRA) ., provided that Roth accounts,
1180	1161		after-tax funds in retirement plans or IRAs, and Coverdell Education
1181	1162		Savings Accounts shall not be used to purchase transferred credited
1182		-	service.; or
	1163	+	service; or
1183	1164		3. Certified check.
1184	1165		A combination of payment methods described in paragraphs 1 thr ough 3
1185	1166		of this subsection may be used .
1186		-	F. In the event that the member does not pay the purchase price
1187		-	provided for in this se ction by the due date established in
1188		-	subsection B of this section as provided for in subsection D of this
1189		-	section, the State Board may permit the member to amortize the
1190		-	purchase price over a period not to exceed sixty (60) months or
1191		-	other method approved b y the State Board. Such amortized payments
1192		-	shall be made by payroll deductions on an after -tax basis and shall
1193		-	not be picked up by the member's employer. The amortized payments RBH No. 13157
1194		-	ENGR. H. B. NO. 1091 Page 25 1
1195		-	2
1196		-	3
1197		-	4
1198		-	5
1199		-	6
1200		-	7
1201		-	8
1202		-	9
1203		-	10
1204		-	11
1205		-	12
1206		-	13
1207		-	14
1208		-	15
1209		-	16
1210		-	17
1211		-	18
1212		-	19
1213		-	20
1214		-	21
1215		-	22
1216		-	23
1217		-	24
1218		-
1219		-	shall include interest at a rate not to exceed the actuarially
1220		-	assumed interest rate adopted by the State Board for investment
1221		-	earnings each year. Any member who ceases to make payment,
1222		-	terminates, retires or dies before completing the payments provided
1223		-	for in this section shall receive transferred, credited service
1224		-	prorated for only those payments made, not including interest,
1225		-	unless the unpaid balance, including interest, is paid by the
1226		-	member, the member's surviving spouse, the member's beneficiary, or
1227		-	the member's estate or successor in interest wi thin ninety (90) days
1228		-	of the first to occur of said member's termination, retirement, or
1229		-	death; provided that no retirement benefits shall be payable until
1230		-	the earliest of the date the unpaid balance is paid in full or
1231		-	ninety (90) days after the first to occur of the member's
1232		-	termination, retirement, or death.
1233		-	G. The State Board shall promulgate such rules or procedures as
1234		-	are necessary to implement the provisions of this subsection
1235		-	section.
1236		-	SECTION 5. AMENDATORY 11 O.S. 2021, Sec tion 49-138, as
1237		-	amended by Section 2, Chapter 247, O.S.L. 2024 (11 O.S. Supp. 2024,
1238		-	Section 49-138), is amended to read as follows:
1239		-	Section 49-138. A. Any member of a regularly constituted fire
1240		-	department of any municipality who is now serving or may hereafter
1241		-	serve in the Armed Forc es of the United States whether such service
1242		-	is voluntary or involuntary, who shall have been a member of such RBH No. 13157
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1267		-
1268		-	fire department at the time of entering such service, shall be
1269		-	entitled to have the whole of the time of such servi ce applied under
1270		-	the provisions of Section 49-106 of this title, so far as the same
1271		-	applies to a service pension; provided further, that the
1272		-	municipality shall continue its payment into said pension fund, to
1273		-	the same force and effect as though the member were in the actual
1274		-	service of such fire department; provided, that any person who is
1275		-	eligible for such service but who shall have volunteered for
1276		-	military or naval service for a period not to exceed five (5) years
1277		-	shall likewise be entitled to all of the be nefits of Sections 49 -138
1278		-	through 49-142 of this title for the full period of such service or
1279		-	enlistment; provided further, that only one such period of voluntary
1280		-	service shall be considered hereunder. If such person shall
1281		-	reenlist, unless required to do so by law, such person shall n ot
1282		-	thereafter be entitled to the provisions of this subsection. The
1283		-	provisions of this subsection shall not apply where any such person
1284		-	dies during the period of said service or enlistment, and shall not
1285		-	entitle the surviving spouse or children to any ben efits, and shall
1286		-	not apply to any member who shall have served on active duty
1287		-	(including initial active duty) for training purposes only and/or
1288		-	inactive duty training.
1289		-	B. Effective February 1, 1997, credited service received
1290		-	pursuant to this section or cr edited service for wartime military
1291		-	service received as otherwise provided by law shall be used in RBH No. 13157
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1317		-	determining the member's retirement benefit but shall not be used in
1318		-	determining years of service for retirement, vesting purpo ses or
1319		-	eligibility for partici pation in the Oklahoma Firefighters Deferred
1320		-	Option Plan. For a member of the System hired on or after July 1,
1321		-	2003, if the military service credit authorized by this section is
1322		-	used to compute the retirement benefit of the member and the member
1323		-	retires from the System, such military service credit shall not be
1324		-	used to compute the retirement benefit in any other retirement
1325		-	system created pursuant to the Oklahoma Statutes and the member may
1326		-	receive credit for such service only in the retirement system from
1327		-	which the member first retires.
1328		-	C. A member who retires or elects to participate in the
1329		-	Oklahoma Firefighters Deferred Option Plan on or after July 1, 1998,
1330		-	shall be entitled to prior service credit, not to exceed five (5)
1331		-	years, for those periods of mili tary service on active duty prior to
1332		-	membership in the Oklahoma Firefighters Pension and Retirement
1333		-	System.
1334		-	For purposes of this subsection, "military service" means
1335		-	service in the Armed Forces of the United States by honorabl y
1336		-	discharged persons during th e following time periods, as reflected
1337		-	on such person's Defense Department Form 214, as follows:
1338		-	1. During the following periods, including the beginning and
1339		-	ending dates, and only for the periods served, from: RBH No. 13157
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1364		-
1365		-	a. April 6, 1917, to November 11, 1918, comm only referred
1366		-	to as World War I,
1367		-	b. September 16, 1940, to December 7, 1941, for members
1368		-	of the 45th Division,
1369		-	c. December 7, 1941, to December 31, 1946, commonly
1370		-	referred to as World War II,
1371		-	d. June 27, 1950, to January 31, 1 955, commonly referred
1372		-	to as the Korean Conflict or the Korean War,
1373		-	e. February 28, 1961, to May 7, 1975, commonly referred
1374		-	to as the Vietnam era, except that:
1375		-	(1) for the period from February 28, 1961, to August
1376		-	4, 1964, military service shall only include
1377		-	service in the Republic of V ietnam during that
1378		-	period, and
1379		-	(2) for purposes of determining eligibility for
1380		-	education and training benefits, such period
1381		-	shall end on December 31, 1976, or
1382		-	f. August 1, 1990, to December 31, 1991, commonly
1383		-	referred to as the Gulf War, the Persian Gulf W ar, or
1384		-	Operation Desert Storm, but excluding any person who
1385		-	served on active duty for training only, unless
1386		-	discharged from such active duty for a service -
1387		-	connected disability; RBH No. 13157
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1412		-
1413		-	2. During a period of war or combat military operation other
1414		-	than a conflict, war or era listed in paragraph 1 of this
1415		-	subsection, beginning on the date of Congressional authorization,
1416		-	Congressional resolution, or Executive Order of the President of the
1417		-	United States, for the use of the Armed Forces of the United States
1418		-	in a war or combat military operation, if such war or combat
1419		-	military operation lasted for a period of ninety (90) days or more,
1420		-	for a person who served, and only for the period served, in the area
1421		-	of responsibility of the war or combat military operation, but
1422		-	excluding a person who served on active duty for training only,
1423		-	unless discharged from such active duty for a service -connected
1424		-	disability, and provided that the burden of proof of military
1425		-	service during this period shall be with th e member, who must
1426		-	present appropriate documentation establishing such service.
1427		-	D. An eligible member pursuant to subsection C of this section
1428		-	shall include only those persons who shall have served during the
1429		-	times or in the areas prescribed in subsection C of this section,
1430		-	and only if such person provides appropriate documentation in such
1431		-	time and manner as required by the System to establish such military
1432		-	service prescribed in this section, or for service pursuant to
1433		-	division (1) of subparagraph e of par agraph 1 of subsection C of
1434		-	this section, those persons who were awarded service medals, as
1435		-	authorized by the United States Department of Defense as reflected
1436		-	in the veteran's Defense Department Form 214, related to the Vietnam RBH No. 13157
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1462		-	Conflict for service prior to August 5, 1964. The provisi ons of
1463		-	subsection C of this section shall include military retirees, whose
1464		-	retirement was based only on active service, that have been rated as
1465		-	having twenty percent (20%) or greater service -connected disability
1466		-	by the Veterans Administration or the Armed Forces of the United
1467		-	States. The provisions of subsection C of this section shall not
1468		-	apply to any person who shall have served on active duty for
1469		-	training purposes only unless discharged from active duty for a
1470		-	service-connected disability.
1471		-	E. A member of the System who served in the Armed Forces of the
1472		-	United States, or any component thereof, who was honorably
1473		-	discharged from full -time active military service prior to becoming
1474		-	a member of the System and whose full -time active duty military
1475		-	service does not otherwise meet the qualifications for prior service
1476		-	credit pursuant to subsections B through D of this section may
1477		-	purchase up to five (5) years of full -time active duty military
1478		-	prior service credit at the actuarial cost of service credit as
1479		-	determined by the Oklahoma Firefighters Pension and Retirement
1480		-	System Board, pursuant to Section 49-117.3 Section 7 of this title
1481		-	act.
1482		-	The service credit provided by this subsection shall be
1483		-	administered pursuant to subsections B throug h D of this section,
1484		-	including, but not limited to, only full -time active duty military
1485		-	service not for training -only purposes, unless discharged from RBH No. 13157
1486		-	ENGR. H. B. NO. 1091 Page 31 1
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1510		-
1511		-	active duty for a service -connected disability, as reflected on the
1512		-	member's Defense Department Form 214, shall be considered for prior
1513		-	service credit, and such prior service credit shall only be used in
1514		-	determining the member's retirement benefit but shall not be used in
1515		-	determining years of service for retirement, vesting purposes, or
1516		-	eligibility for partic ipation in the Oklahoma Firefi ghters Deferred
1517		-	Option Plan.
1518		-	F. Notwithstanding any provision herein to the contrary:
1519		-	1. Contributions, benefits and service credit with respect to
1520		-	qualified military service shall be provided in accordance with
1521		-	Section 414(u) of the Internal Revenue Cod e of 1986, as amended,
1522		-	which is in accordance with the Uniformed Services Employment and
1523		-	Reemployment Rights Act of 1994, as amended (USERRA); and
1524		-	2. Effective January 1, 2007, if any member dies while
1525		-	performing qualified mi litary service (as defined in Section 414(u)
1526		-	of the Internal Revenue Code of 1986, as amended), the survivors of
1527		-	the member are entitled to any additional benefits (other than
1528		-	benefits accruals relating to the period of qualified military
1529		-	service) provided under the System had the memb er resumed and then
1530		-	terminated employment on account of death.
1531		-	G. Members or beneficiaries shall make application to the
1532		-	System for credited service related to wartime military service.
1533		-	Interest on additional benefits relate d to wartime military service
1534		-	owed by the System to a retired member or beneficiary as provided by RBH No. 13157
1535		-	ENGR. H. B. NO. 1091 Page 32 1
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1559		-
1560		-	law shall cease accruing one (1) year after the effective date the
1561		-	additional benefits are payable by the System or July 1, 2000,
1562		-	whichever is later, if the member has not applied to the System for
1563		-	credited service related to such wartime military service.
1564		-	H. The purchase of prior military service credit pursuant to
1565		-	subsections B, C, D, and G shall not, in the aggregate, exceed five
1566		-	(5) years of service credi t.
1567		-	SECTION 6. NEW LAW A new section of law to be codified
1568		-	in the Oklahoma Statutes as Section 49 -117.4 of Title 11, unless
1569		-	there is created a duplication in numbering, reads as follows:
1570		-	Notwithstanding any other provision in 49 -100.1 et seq. of Title
1571		-	11 of the Oklahoma Statutes, the maximum number of years of credited
1572		-	service taken into account under the System shall not exceed thirty
1573		-	(30) years.
1574		-	SECTION 7. NEW LAW A new section of law to be codified
1575		-	in the Oklahoma Statutes as Section 49 -138.1 of Title 11, unless
1576		-	there is created a duplication in numbering, reads as follows:
1577		-	A. The State Board shall adopt rules or procedures for
1578		-	computation of the purchase price for prior military service credit
1579		-	provided for in subsection E of Section 49 -138 of Title 11 of the
1580		-	Oklahoma Statutes. These rules or procedures shall base the
1581		-	purchase price for each year purchased on the actuarial cost of the
1582		-	incremental projected benefits to be purchased. The purchase price
1583		-	shall represent the present value of the incremental projected RBH No. 13157
1584		-	ENGR. H. B. NO. 1091 Page 33 1
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1608		-
1609		-	benefits discounted according to the member's age at the time of
1610		-	purchase. Incremental projected benefits shall be the difference
1611		-	between the projected benefit said member would receive without
1612		-	purchasing the prior military serv ice credit and the projected
1613		-	benefit after purchase of the prior military service credit computed
1614		-	as of the earliest age at which the member would be able to retire.
1615		-	Said computation shall assume an unreduced benefit and be c omputed
1616		-	using interest and mor tality assumptions consistent with the
1617		-	actuarial assumptions adopted by the Board of Trustees for purposes
1618		-	of preparing the annual actuarial evaluation.
1619		-	B. A member wishing to purchase prior military service credit
1620		-	must be an active paid member for a mini mum of thirty (30) months so
1621		-	as to establish an adequate salary history for the computation of
1622		-	the purchase price of prior military service credit. Upon
1623		-	application by an eligible member to purchase prior military service
1624		-	credit, the State Board shall pro vide the member with a computation
1625		-	of the purchase price for prior military service credit. The
1626		-	computed purchase price shall be good for ninety (90) days from the
1627		-	date the computed purchase price is provided to the member and,
1628		-	except as otherwise provide d in subsection G of this section, must
1629		-	be paid within such ninety -day period. After the expiration of the
1630		-	ninety-day period without payment by the member, or payment
1631		-	commencing as provided in subsection G of this section, th e member
1632		-	must reapply to purch ase prior military service credit, a new RBH No. 13157
1633		-	ENGR. H. B. NO. 1091 Page 34 1
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1657		-
1658		-	purchase price must be computed and provided to the member by the
1659		-	State Board, and a new ninety -day period shall commence.
1660		-	C. An active volunteer member may request to purchase volunteer
1661		-	prior military service cred it in accordance with the second, third,
1662		-	and fourth sentences of subsection B of this section. A volunteer
1663		-	member who purchases volunteer prior military service credit and
1664		-	later becomes a paid member may purchase paid prior m ilitary service
1665		-	credit in accordance with all of subsection B of this section,
1666		-	including the requirement that the member be an active paid member
1667		-	for a minimum of thirty (30) months so as to establish an adequate
1668		-	salary history for the computation of the purchase price of prior
1669		-	military service credit. Any amount paid to purchase volunteer
1670		-	prior military service credit, excluding interest, shall reduce the
1671		-	purchase price for the paid prior military service credit, and the
1672		-	purchased volunteer prior military service credit shall be
1673		-	disregarded.
1674		-	D. Purchased prior military service credit shall be taken into
1675		-	account only if payment is received prior to the commencement of
1676		-	benefits, except as otherwise provided in subsection G of this
1677		-	section.
1678		-	E. Members who pay the purchase price in cash by the due date
1679		-	described in subsection B of this section may make payment by:
1680		-	1. A trustee-to-trustee transfer of non -Roth funds from a Code
1681		-	Section 403(b) annuity or custodial account, an eligible deferred RBH No. 13157
1682		-	ENGR. H. B. NO. 1091 Page 35 1
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1706		-
1707		-	compensation plan described in Code Section 457 (b) which is
1708		-	maintained by an eligible employer described in Code Section
1709		-	457(e)(1)(A), and/or a Code Section 401(a) qualified plan, provided
1710		-	that after-tax funds in retirement plans shall not be used to
1711		-	purchase military service credit;
1712		-	2. A direct rollover of tax-deferred funds from a Code Section
1713		-	403(b) annuity or custodial account, an eligible deferred
1714		-	compensation plan described in Code Section 457(b) which is
1715		-	maintained by an eligible employer described in Code Section
1716		-	457(e)(1)(A), a Code Section 40 1(a) qualified plan, and/or a Code
1717		-	Section 408(a) or 408(b) traditional or conduit Individual
1718		-	Retirement Account or Annuity (IRA), provided that Roth accounts,
1719		-	after-tax funds in retirement plans or IRAs, and Coverdell Education
1720		-	Savings Accounts shall not be used to purchase military service
1721		-	credit; or
1722		-	3. Certified check.
1723		-	A combination of payment methods described in paragraphs 1 through 3
1724		-	of this subsection may be used.
1725		-	F. Members amortizing the purchase price and making amo rtized
1726		-	payments by payroll ded uction on an after-tax basis, as described in
1727		-	subsection G of this section, shall have the option of making a cash
1728		-	payment for the balance of the actuarial purchase price with
1729		-	interest due through the date of payment by: RBH No. 13157
1730		-	ENGR. H. B. NO. 1091 Page 36 1
	1167	+	The State Board shall promulgate such rules or procedures as are
	1168	+	necessary to implement the provisions of this subsection.
	1169	+	D. E. Members amortizing the purchase price and making
	1170	+	amortized payments by payroll deductio n on an after-tax basis,
	1171	+	pursuant to subsection F of this section, shall have the option of
	1172	+	making a cash lump-sum payment for the balance of the actuarial
	1173	+	purchase price with interest due through the date of payment by: RBH No. 13157
	1174	+	HB1091 HFLR Page 24
	1175	+	BOLD FACE denotes Committee Amendments. 1
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1754	1199
1755	1200		1. A trustee-to-trustee transfer of non-Roth funds from a Code
1756	1201		Section 403(b) annuity or custodial account, an eligible deferred
1757	1202		compensation plan described in Code Section 457(b) which is
1758	1203		maintained by an eligible employer described in Code Section
1759	1204		457(e)(1)(A), and/or a Code Section 401( a) qualified plan, provided
1760	1205		that after-tax funds in retirement plans shall not be used to
1761		-	purchase ~~military~~ service ~~credit~~;
	1206	+	purchase transferred credited service ; or
1762	1207		2. A direct rollover of tax -deferred funds from a Code Section
1763	1208		403(b) annuity or custodial account, an eligible deferred
1764	1209		compensation plan described in Code Section 457(b) which is
1765	1210		maintained by an eligible employer described in Code Section
1766		-	457(e)(1)(A), a Code Section 401(a) qualified plan, and a Code
	1211	+	457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code
1767	1212		Section 408(a) or 408(b) traditional or conduit Individual
1768		-	Retirement Account or ~~A nnuity~~ (IRA), provided that Roth accounts,
1769		-	after-tax funds in retirement plans ~~and~~ IRAs, and Coverdell
1770		-	~~Education~~ Savings Accounts shall not be used to purchase ~~military~~
1771		-	service ~~credit~~; or
	1213	+	Retirement Account or Annuity (IRA) ., provided that Roth accounts,
	1214	+	after-tax funds in retirement plans or IRAs, and Coverdell Education
	1215	+	Savings Accounts shall not be used to purchase transferred credited
	1216	+	service.; or
1772	1217		3. Certified check.
1773	1218		A combination of payment metho ds described in paragraphs 1 through 3
1774	1219		of this subsection may be used.
1775		-	G. In the event that the member does not pay the purchase price
	1220	+	F. In the event that the member does not pay the purchase price
1776	1221		provided for in this section by the due date established in
1777		-	subsection B of this section as provided for in subsection E of this
	1222	+	subsection B of this section as provided for in subsection D of this
1778	1223		section, the State Board may permit the member to amortize the RBH No. 13157
1779		-	ENGR. H. B. NO. 1091 Page 37 1
	1224	+	HB1091 HFLR Page 25
	1225	+	BOLD FACE denotes Committee Amendments. 1
1780	1226		2
1781	1227		3
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1802	1248		24
1803	1249
1804	1250		purchase price over a period not to exceed sixty (60) months or
1805	1251		other method approved by the State Board. Such amortized payments
1806	1252		shall be made by payroll deductions on an after -tax basis and shall
1807	1253		not be picked up by the member's employer. The amortized payments
1808	1254		shall include interest at a rate not to exceed the actuarially
1809	1255		assumed interest rate adopted by the State Board for investment
1810	1256		earnings each year. Any member who ceases to m ake payment,
1811		-	terminates, retires, or dies before completing the payments provided
1812		-	for in this section shall receive ~~prior military~~ service ~~credit~~
	1257	+	terminates, retires or dies before completing the payments provided
	1258	+	for in this section shall receive transferred, credited service
1813	1259		prorated for only those payments made, not including interest,
1814	1260		unless the unpaid balance, including interest, i s paid by the
1815	1261		member, the member's surviving spouse, the member's beneficiary, or
1816	1262		the member's estate or successor in interest within ninety (90) days
1817	1263		of the first to occur of said member's termination, retirement, or
1818	1264		death; provided that no retirement ben efits shall be payable until
1819	1265		the earliest of the date the unpaid balance is paid in full or
1820	1266		ninety (90) days after the first to occur of the member's
1821	1267		termination, retirement, or death.
1822		-	H. The State Board shall promulgate such rules or procedures as
1823		-	are necessary to imple ment the provisions of this section.
1824		-	SECTION 8. It being immediately necessary for the preservation
1825		-	of the public peace, health or safety, an emergency is hereby
1826		-	declared to exist, by reason whereof this act shall take effect and
1827		-	be in full force from and after its passage and approval. RBH No. 13157
1828		-	ENGR. H. B. NO. 1091 Page 38 1
	1268	+	G. The State Board shall promulgate such rules or procedures as
	1269	+	are necessary to implement the provisions of this subsection
	1270	+	section.
	1271	+	SECTION 5. AMENDATORY 11 O.S. 2021, Section 49 -138, as
	1272	+	amended by Section 2, Chapter 247, O.S.L. 2024 (11 O.S. Supp. 2024,
	1273	+	Section 49-138), is amended to read as foll ows: RBH No. 13157
	1274	+	HB1091 HFLR Page 26
	1275	+	BOLD FACE denotes Committee Amendments. 1
1829	1276		2
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1849	1296		22
1850	1297		23
1851	1298		24
1852	1299
1853		-	Passed the House of Representatives the 13th day of March, 2025.
	1300	+	Section 49-138. A. Any member of a regularly constituted fire
	1301	+	department of any municipality who is now serving or may hereafter
	1302	+	serve in the Armed Forces of the United States whether such service
	1303	+	is voluntary or involuntary, who shall have been a m ember of such
	1304	+	fire department at the time of entering such service, shall be
	1305	+	entitled to have the whole of the time of such service applied under
	1306	+	the provisions of Section 49 -106 of this title, so far as the same
	1307	+	applies to a service pension; provided furt her, that the
	1308	+	municipality shall continue its payment into said pension fund, to
	1309	+	the same force and effect as though the member were in the actual
	1310	+	service of such fire department; provided, that any person who is
	1311	+	eligible for such service but who shall hav e volunteered for
	1312	+	military or naval service for a period not to exceed five (5) years
	1313	+	shall likewise be entitled to all of the benefits of Sections 49 -138
	1314	+	through 49-142 of this title for the full period of such service or
	1315	+	enlistment; provided further, tha t only one such period of voluntary
	1316	+	service shall be considered hereunder. If such person shall
	1317	+	reenlist, unless required to do so by law, such person shall not
	1318	+	thereafter be entitled to the provisions of this subsection. The
	1319	+	provisions of this subsectio n shall not apply where any such person
	1320	+	dies during the period of said service or enlistment, and shall not
	1321	+	entitle the surviving spouse or children to any benefits, and shall
	1322	+	not apply to any member who shall have served on active duty RBH No. 13157
	1323	+	HB1091 HFLR Page 27
	1324	+	BOLD FACE denotes Committee Amendments. 1
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1854	1348
	1349	+	(including initial active duty) for training purposes only and/or
	1350	+	inactive duty training.
	1351	+	B. Effective February 1, 1997, credited service received
	1352	+	pursuant to this section or credited service for wartime military
	1353	+	service received as otherwise provided by law shall be used i n
	1354	+	determining the member's retirement benefit but shall not be used in
	1355	+	determining years of service for retirement, vesting purposes or
	1356	+	eligibility for participation in the Oklahoma Firefighters Deferred
	1357	+	Option Plan. For a member of the System hired on or after July 1,
	1358	+	2003, if the military service credit authorized by this section is
	1359	+	used to compute the retirement benefit of the member and the member
	1360	+	retires from the System, such military service credit shall not be
	1361	+	used to compute the retirement benefit in any other retirement
	1362	+	system created pursuant to the Oklahoma Statutes and the member may
	1363	+	receive credit for such service only in the retirement system from
	1364	+	which the member first retires.
	1365	+	C. A member who retires or elects to participate in the
	1366	+	Oklahoma Firefighters Deferred Option Plan on or after July 1, 1998,
	1367	+	shall be entitled to prior service credit, not to exceed five (5)
	1368	+	years, for those periods of military service on active duty prior to
	1369	+	membership in the Oklahoma Firefighters Pension and Retireme nt
	1370	+	System.
	1371	+	For purposes of this subsection, "military service" means
	1372	+	service in the Armed Forces of the United States by honorably RBH No. 13157
	1373	+	HB1091 HFLR Page 28
	1374	+	BOLD FACE denotes Committee Amendments. 1
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1855	1398
	1399	+	discharged persons during the following time periods, as reflected
	1400	+	on such person's Defense Department Form 214, as follows:
	1401	+	1. During the following periods, including the beginning and
	1402	+	ending dates, and only for the periods served, from:
	1403	+	a. April 6, 1917, to November 11, 1918, commonly referred
	1404	+	to as World War I,
	1405	+	b. September 16, 1940, to December 7, 1941, for members
	1406	+	of the 45th Division,
	1407	+	c. December 7, 1941, to December 31, 1946, commonly
	1408	+	referred to as World War II,
	1409	+	d. June 27, 1950, to January 31, 1955, commonly referred
	1410	+	to as the Korean Conflict or the Korean War,
	1411	+	e. February 28, 1961, to May 7, 1975, commonly referred
	1412	+	to as the Vietnam era, except that:
	1413	+	(1) for the period from February 28, 1961, to August
	1414	+	4, 1964, military service shall only include
	1415	+	service in the Republic of Vietnam during that
	1416	+	period, and
	1417	+	(2) for purposes of determining eligibility for
	1418	+	education and training benefits, such period
	1419	+	shall end on December 31, 1976, or
	1420	+	f. August 1, 1990, to December 31, 1991, commonly
	1421	+	referred to as the Gulf War, the Persian Gulf War, or
	1422	+	Operation Desert Storm, but excluding any person who RBH No. 13157
	1423	+	HB1091 HFLR Page 29
	1424	+	BOLD FACE denotes Committee Amendments. 1
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1856	1448
	1449	+	served on active duty for training on ly, unless
	1450	+	discharged from such active duty for a service -
	1451	+	connected disability;
	1452	+	2. During a period of war or combat military operation other
	1453	+	than a conflict, war or era listed in paragraph 1 of this
	1454	+	subsection, beginning on the date of Congressional autho rization,
	1455	+	Congressional resolution, or Executive Order of the President of the
	1456	+	United States, for the use of the Armed Forces of the United States
	1457	+	in a war or combat military operation, if such war or combat
	1458	+	military operation lasted for a period of ninety (90) days or more,
	1459	+	for a person who served, and only for the period served, in the area
	1460	+	of responsibility of the war or combat military operation, but
	1461	+	excluding a person who served on active duty for training only,
	1462	+	unless discharged from such active duty for a service-connected
	1463	+	disability, and provided that the burden of proof of military
	1464	+	service during this period shall be with the member, who must
	1465	+	present appropriate documentation establishing such service.
	1466	+	D. An eligible member pursuant to subsection C of this section
	1467	+	shall include only those persons who shall have served during the
	1468	+	times or in the areas prescribed in subsection C of this section,
	1469	+	and only if such person provides appropriate documentation in such
	1470	+	time and manner as required by the Syste m to establish such military
	1471	+	service prescribed in this section, or for service pursuant to
	1472	+	division (1) of subparagraph e of paragraph 1 of subsection C of RBH No. 13157
	1473	+	HB1091 HFLR Page 30
	1474	+	BOLD FACE denotes Committee Amendments. 1
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1857	1498
1858		-	Presiding Officer of the House
1859		-	of Representatives
	1499	+	this section, those persons who were awarded service medals, as
	1500	+	authorized by the United States Dep artment of Defense as reflected
	1501	+	in the veteran's Defense Department Form 214, related to the Vietnam
	1502	+	Conflict for service prior to August 5, 1964. The provisions of
	1503	+	subsection C of this section shall include military retirees, whose
	1504	+	retirement was based o nly on active service, that have been rated as
	1505	+	having twenty percent (20%) or greater service -connected disability
	1506	+	by the Veterans Administration or the Armed Forces of the United
	1507	+	States. The provisions of subsection C of this section shall not
	1508	+	apply to any person who shall have served on active duty for
	1509	+	training purposes only unless discharged from active duty for a
	1510	+	service-connected disability.
	1511	+	E. A member of the System who served in the Armed Forces of the
	1512	+	United States, or any component thereof, who w as honorably
	1513	+	discharged from full -time active military service prior to becoming
	1514	+	a member of the System and whose full -time active duty military
	1515	+	service does not otherwise meet the qualifications for prior service
	1516	+	credit pursuant to subsections B through D of this section may
	1517	+	purchase up to five (5) years of full -time active duty military
	1518	+	prior service credit at the actuarial cost of service credit as
	1519	+	determined by the Oklahoma Firefighters Pension and Retirement
	1520	+	System Board, pursuant to Section 49-117.3 Section 7 of this title
	1521	+	act. RBH No. 13157
	1522	+	HB1091 HFLR Page 31
	1523	+	BOLD FACE denotes Committee Amendments. 1
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1860	1547
1861		-	Passed the Senate the ____ day of __________, 2025.
	1548	+	The service credit provided by this subsection shall be
	1549	+	administered pursuant to subsections B through D of this section,
	1550	+	including, but not limited to, only full -time active duty military
	1551	+	service not for training -only purposes, unless discharged from
	1552	+	active duty for a service -connected disability, as reflected on the
	1553	+	member's Defense Department Form 214, shall be considered for prior
	1554	+	service credit, and such prior service credit shall only be used in
	1555	+	determining the member's ret irement benefit but shall not be used in
	1556	+	determining years of service for retirement, vesting purposes, or
	1557	+	eligibility for participation in the Oklahoma Firefighters Deferred
	1558	+	Option Plan.
	1559	+	F. Notwithstanding any provision herein to the contrary:
	1560	+	1. Contributions, benefits and service credit with respect to
	1561	+	qualified military service shall be provided in accordance with
	1562	+	Section 414(u) of the Internal Revenue Code of 1986, as amended,
	1563	+	which is in accordance with the Uniformed Services Employment and
	1564	+	Reemployment Rights Act of 1994, as amended (USERRA); and
	1565	+	2. Effective January 1, 2007, if any member dies while
	1566	+	performing qualified military service (as defined in Section 414(u)
	1567	+	of the Internal Revenue Code of 1986, as amended), the survivors of
	1568	+	the member are entitled to any additional benefits (other than
	1569	+	benefits accruals relating to the period of qualified military
	1570	+	service) provided under the System had the member resumed and then
	1571	+	terminated employment on account of death. RBH No. 13157
	1572	+	HB1091 HFLR Page 32
	1573	+	BOLD FACE denotes Committee Amendments. 1
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1862	1597
	1598	+	G. Members or beneficiaries shall make application to the
	1599	+	System for credited service related to wartime military service.
	1600	+	Interest on additional benefits related to wartime military service
	1601	+	owed by the System to a retired member or beneficiary as provided by
	1602	+	law shall cease accruing one (1) year after the effective date the
	1603	+	additional benefits are payable by the System or July 1, 2000,
	1604	+	whichever is later, if the member has not applied to the System for
	1605	+	credited service related to such wartime military service.
	1606	+	H. The purchase of prior m ilitary service credit pursuant to
	1607	+	subsections B, C, D, and G shall not, in the aggregate, exceed five
	1608	+	(5) years of service credit.
	1609	+	SECTION 6. NEW LAW A new section of law to be codified
	1610	+	in the Oklahoma Statutes as Section 49 -117.4 of Title 11, unless
	1611	+	there is created a duplication in numbering, reads as follows:
	1612	+	Notwithstanding any other provision in 49 -100.1 et seq. of Title
	1613	+	11 of the Oklahoma Statutes, the maximum number of years of credited
	1614	+	service taken into account under the Sy stem shall not exceed thirty
	1615	+	(30) years.
	1616	+	SECTION 7. NEW LAW A new section of law to be codified
	1617	+	in the Oklahoma Statutes as Section 49 -138.1 of Title 11, unless
	1618	+	there is created a duplication in numbering, reads as follows:
	1619	+	A. The State Board shall adopt rules or procedures for
	1620	+	computation of the purchase price for prior military service credit
	1621	+	provided for in subsection E of Section 49 -138 of Title 11 of the RBH No. 13157
	1622	+	HB1091 HFLR Page 33
	1623	+	BOLD FACE denotes Committee Amendments. 1
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1863	1647
	1648	+	Oklahoma Statutes. These rules or procedures shall base the
	1649	+	purchase price for each year purchased on the actuarial cost of the
	1650	+	incremental projected benefits to be purchased. The purchase price
	1651	+	shall represent the present value of the incremental projected
	1652	+	benefits discounted according to the member's age at the time of
	1653	+	purchase. Incremental projected benefits shall be the difference
	1654	+	between the projected benefit said member would receive without
	1655	+	purchasing the prior military service credit and the projected
	1656	+	benefit after purchase of the prior military service credit computed
	1657	+	as of the earliest age at which the member would be able to retire.
	1658	+	Said computation shall assume an unreduced benefit and be computed
	1659	+	using interest and mortality assumptions consistent with the
	1660	+	actuarial assumptions adopted by the Board of Trustees for purposes
	1661	+	of preparing the annual actuarial evaluation.
	1662	+	B. A member wishing to purchase prior military service credit
	1663	+	must be an active paid member for a minimum of thirty (30) months so
	1664	+	as to establish an adequate salary history for the computation of
	1665	+	the purchase price of prior military service credit. Upon
	1666	+	application by an eligible member to purchase prior military service
	1667	+	credit, the State Board shall provide the member with a computation
	1668	+	of the purchase price for prior military service credit. The
	1669	+	computed purchase price shall be good for ninety (90) days from the
	1670	+	date the computed purchase price is provided to the member and,
	1671	+	except as otherwise provided in subsection G of this section, must RBH No. 13157
	1672	+	HB1091 HFLR Page 34
	1673	+	BOLD FACE denotes Committee Amendments. 1
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1864	1697
	1698	+	be paid within such ninety (90) day period. After the ex piration of
	1699	+	the ninety (90) day period without payment by the member, or payment
	1700	+	commencing as provided in subsection G of this section, the member
	1701	+	must reapply to purchase prior military service credit, a new
	1702	+	purchase price must be computed and provided t o the member by the
	1703	+	State Board, and a new ninety (90) day period shall commence.
	1704	+	C. An active volunteer member may request to purchase volunteer
	1705	+	prior military service credit in accordance with the second, third,
	1706	+	and fourth sentences of subsection B of t his section. A volunteer
	1707	+	member who purchases volunteer prior military service credit and
	1708	+	later becomes a paid member may purchase paid prior military service
	1709	+	credit in accordance with all of subsection B of this section,
	1710	+	including the requirement that th e member be an active paid member
	1711	+	for a minimum of thirty (30) months so as to establish an adequate
	1712	+	salary history for the computation of the purchase price of prior
	1713	+	military service credit. Any amount paid to purchase volunteer
	1714	+	prior military service cr edit, excluding interest, shall reduce the
	1715	+	purchase price for the paid prior military service credit, and the
	1716	+	purchased volunteer prior military service credit shall be
	1717	+	disregarded.
	1718	+	D. Purchased prior military service credit shall be taken into
	1719	+	account only if payment is received prior to the commencement of
	1720	+	benefits, except as otherwise provided in subsection G of this
	1721	+	section. RBH No. 13157
	1722	+	HB1091 HFLR Page 35
	1723	+	BOLD FACE denotes Committee Amendments. 1
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1865	1747
1866		-	Presiding Officer of the Senate
	1748	+	E. Members who pay the purchase price in cash by the due date
	1749	+	described in subsection B of this section may make payment by:
	1750	+	1. A trustee-to-trustee transfer of non -Roth funds from a Code
	1751	+	Section 403(b) annuity or custodial account, an eligible deferred
	1752	+	compensation plan described in Code Section 457(b) which is
	1753	+	maintained by an eligible employer described in Code Section
	1754	+	457(e)(1)(A), and/or a Code Section 401(a) qualified plan, provided
	1755	+	that after-tax funds in retirement plans shall not be used to
	1756	+	purchase military service credit;
	1757	+	2. A direct rollover of tax -deferred funds from a Code Section
	1758	+	403(b) annuity or custodial account, an eligible deferred
	1759	+	compensation plan described in Code Section 457(b) which is
	1760	+	maintained by an eligible employer described in Code Section
	1761	+	457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code
	1762	+	Section 408(a) or 408(b) traditional or conduit Individual
	1763	+	Retirement Account or Annuity (IRA), provided that Roth accounts,
	1764	+	after-tax funds in retirement plans or IRAs, and Coverdell Education
	1765	+	Savings Accounts shall not be used to purchase military service
	1766	+	credit; or
	1767	+	3. Certified check.
	1768	+	A combination of payment methods described in paragraphs 1 through 3
	1769	+	of this subsection may be used.
	1770	+	F. Members amortizing the purchase price and making amortized
	1771	+	payments by payroll deduction on an after -tax basis, as described in RBH No. 13157
	1772	+	HB1091 HFLR Page 36
	1773	+	BOLD FACE denotes Committee Amendments. 1
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1867	1797
	1798	+	subsection G of this section, shall have the option of making a cash
	1799	+	payment for the balance of the actuarial purchase price with
	1800	+	interest due through the date of payment by:
	1801	+	1. A trustee-to-trustee transfer of non -Roth funds from a Code
	1802	+	Section 403(b) annuity or custodial account, an eligi ble deferred
	1803	+	compensation plan described in Code Section 457(b) which is
	1804	+	maintained by an eligible employer described in Code Section
	1805	+	457(e)(1)(A), and/or a Code Section 401(a) qualified plan, provided
	1806	+	that after-tax funds in retirement plans shall not be used to
	1807	+	purchase military service credit;
	1808	+	2. A direct rollover of tax -deferred funds from a Code Section
	1809	+	403(b) annuity or custodial account, an eligible deferred
	1810	+	compensation plan described in Code Section 457(b) which is
	1811	+	maintained by an eligible employ er described in Code Section
	1812	+	457(e)(1)(A), a Code Section 401(a) qualified plan, and a Code
	1813	+	Section 408(a) or 408(b) traditional or conduit Individual
	1814	+	Retirement Account or Annuity (IRA), provided that Roth accounts,
	1815	+	after-tax funds in retirement plans and IRAs, and Coverdell
	1816	+	Education Savings Accounts shall not be used to purchase military
	1817	+	service credit; or
	1818	+	3. Certified check.
	1819	+	A combination of payment methods described in paragraphs 1 through 3
	1820	+	of this subsection may be used. RBH No. 13157
	1821	+	HB1091 HFLR Page 37
	1822	+	BOLD FACE denotes Committee Amendments. 1
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1868	1846
	1847	+	G. In the event that the me mber does not pay the purchase price
	1848	+	provided for in this section by the due date established in
	1849	+	subsection B of this section as provided for in subsection E of this
	1850	+	section, the State Board may permit the member to amortize the
	1851	+	purchase price over a perio d not to exceed sixty (60) months or
	1852	+	other method approved by the State Board. Such amortized payments
	1853	+	shall be made by payroll deductions on an after -tax basis and shall
	1854	+	not be picked up by the member's employer. The amortized payments
	1855	+	shall include interest at a rate not to exceed the actuarially
	1856	+	assumed interest rate adopted by the State Board for investment
	1857	+	earnings each year. Any member who ceases to make payment,
	1858	+	terminates, retires, or dies before completing the payments provided
	1859	+	for in this section shall receive prior military service credit
	1860	+	prorated for only those payments made, not including interest,
	1861	+	unless the unpaid balance, including interest, is paid by the
	1862	+	member, the member's surviving spouse, the member's beneficiary, or
	1863	+	the member's estate or successor in interest within ninety (90) days
	1864	+	of the first to occur of said member's termination, retirement, or
	1865	+	death; provided that no retirement benefits shall be payable until
	1866	+	the earliest of the date the unpaid balance is paid in full or
	1867	+	ninety (90) days after the first to occur of the member's
	1868	+	termination, retirement, or death.
	1869	+	H. The State Board shall promulgate such rules or procedures as
	1870	+	are necessary to implement the provisions of this section. RBH No. 13157
	1871	+	HB1091 HFLR Page 38
	1872	+	BOLD FACE denotes Committee Amendments. 1
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	1896	+
	1897	+	SECTION 8. It being immediat ely necessary for the preservation
	1898	+	of the public peace, health or safety, an emergency is hereby
	1899	+	declared to exist, by reason whereof this act shall take effect and
	1900	+	be in full force from and after its passage and approval.
	1901	+
	1902	+	COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT OVERSIGHT, dated
	1903	+	03/05/2025 - DO PASS, As Amended.
1869	1904
1870	1905