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Oklahoma House Bill HB1182

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1182 Compare Versions

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2828 STATE OF OKLAHOMA
2929
3030 1st Session of the 60th Legislature (2025)
3131
3232 HOUSE BILL 1182 By: Hardin
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3838 AS INTRODUCED
3939
4040 An Act relating to public retirement systems;
4141 amending 62 O.S. 2021, Section 3103, as last amended
4242 by Section 127, Chapter 452, O.S.L. 20 24 (62 O.S.
4343 Supp. 2024, Section 3103), which relates to the
4444 Oklahoma Pension Actuarial Analysis Act; modifying
4545 definition; amending 47 O.S. 2021, Section 2 -300, as
4646 last amended by Section 1, Chapter 361, O.S.L. 2024
4747 (47 O.S. Supp. 2024, Section 2 -300), which relates to
4848 the Oklahoma Law Enforcement Retirement System;
4949 modifying definition; authorizing membership in the
5050 Oklahoma Law Enforcement Retirement System for
5151 certain new employees of the Council on Law
5252 Enforcement Education and Training; providing for
5353 codification; providing effective dates; and
5454 declaring an emergency .
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6060 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6161 SECTION 1. AMENDATORY 62 O.S. 2021, Section 3103, as
6262 last amended by Section 127, Chapter 452, O .S.L. 2024 (62 O.S. Supp.
6363 2024, Section 3103), is amended to read as follows:
6464 Section 3103. As used in the Oklahoma Pension Legislation
6565 Actuarial Analysis Act:
6666 1. "Amendment" means any amendment including a substitute bill,
6767 made to a retirement bill by a ny committee of the House or Senate, RBH No. 10057
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9494 any conference committee of the House or Senate or by the House or
9595 Senate;
9696 2. "RB number" means that number preceded by the letters "RB"
9797 assigned to a retirement bill by the respective staffs of the
9898 Oklahoma State Senate and the Oklahoma House of Representatives when
9999 the respective staff office prepares a retirement bill for a member
100100 of the Legislature;
101101 3. "Legislative Actuary" means the firm or entity that enters
102102 into a contract with the Legislative Service Bureau pur suant to
103103 Section 452.15 of Title 74 of the Oklahoma Statutes to provide the
104104 actuarial services and other duties provided for in the Oklahoma
105105 Pension Legislation Actuarial Analysis Act;
106106 4. "Nonfiscal amendment" means an amendment to a retirement
107107 bill having a fiscal impact, which amendment does not change any
108108 factor of an actuarial investigation specified in subsection A of
109109 Section 3109 of this title;
110110 5. "Nonfiscal retirement bill " means a retirement bill:
111111 a. which does not affect the cost or funding facto rs of a
112112 retirement system,
113113 b. which affects such factors only in a manner which does
114114 not:
115115 (1) grant a benefit increase under the retirement
116116 system affected by the bill, RBH No. 10057
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143143 (2) create an actuarial accrued liability for or
144144 increase the actuarial accrued liabili ty of the
145145 retirement system affected by the bill, or
146146 (3) increase the normal c ost of the retirement system
147147 affected by the bill,
148148 c. which authorizes the purchase by an active member of
149149 the retirement system, at the actuarial cost for the
150150 purchase as computed pursuant to the statute in effect
151151 on the effective date of the measure allowing such
152152 purchase, of years of service for purposes of reaching
153153 a normal retirement date in the applicable retirement
154154 system, but which cannot be used in order to compute
155155 the number of years of service for purposes of
156156 computing the retirement benefit for the member,
157157 d. which provides for the computation of a service -
158158 connected disability retirement benefit for members of
159159 the Oklahoma Law Enforcement Retirement System
160160 pursuant to Section 2-305 of Title 47 of the Oklahoma
161161 Statutes if the members were unable to complete twenty
162162 (20) years of service as a result of the disability,
163163 e. which requires membership in the defined benefit plan
164164 authorized by Section 901 et seq. of Title 74 of t he
165165 Oklahoma Statutes for persons whose first elected or
166166 appointed service occu rs on or after November 1, 2018, RBH No. 10057
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193193 if such persons had any prior service in the Oklahoma
194194 Public Employees Retirement System prior to November
195195 1, 2015,
196196 f. which provides for a one -time increase in retirement
197197 benefits if the increase in retirement benefits is not
198198 a permanent increase in the gross annual retirement
199199 benefit payable to a member or beneficiary, occurs
200200 only once pursuant to a single statutory authorization
201201 and does not exceed:
202202 (1) the lesser of two percent (2%) of the gross
203203 annual retirement benefit of the member or One
204204 Thousand Dollars ($1,000.00) and requires that
205205 the benefit may only be provided if the funded
206206 ratio of the affected retirement system would not
207207 be less than sixty percent (60%) but not greater
208208 than eighty percent (80%) after the benefit
209209 increase is paid,
210210 (2) the lesser of two percent (2%) of the gross
211211 annual retirement benefit of the member or One
212212 Thousand Two Hundred Dollars ($1,200.00) and
213213 requires that the benefit may only be provided if
214214 the funded ratio of the affected retirement
215215 system would be greater than eighty percent (80%) RBH No. 10057
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242242 but not greater than one hundred percent (100%)
243243 after the benefit increase is paid,
244244 (3) the lesser of two percent (2%) of the gro ss
245245 annual retirement benefit of the member or One
246246 Thousand Four Hundred Dollars ($1,400.00) and
247247 requires that the benefit may only be provided if
248248 the funded ratio of the affected retirement
249249 system would be greater than one hundred percent
250250 (100%) after the benefit increase is paid, or
251251 (4) the greater of two percent (2%) of the gross
252252 annual retirement benefit of the volunteer
253253 firefighter or One Hundred Dollars ($100.00) for
254254 persons who retired from the Oklahoma
255255 Firefighters Pension and Retirement System as
256256 volunteer firefighters and who did not retire
257257 from the Oklahoma Firefighters Pension and
258258 Retirement System as a paid firefighter.
259259 As used in this subparagraph, "funded ratio" means the
260260 figure derived by dividing the actuarial value of
261261 assets of the applicabl e retirement system by the
262262 actuarial accrued liability of the applicable
263263 retirement system,
264264 g. which modifies the disability pension standard for
265265 police officers who are members of the Oklahoma Police RBH No. 10057
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292292 Pension and Retirement System as provided by Section
293293 50-115 of Title 11 of the Oklahoma Statutes,
294294 h. which provides a cost -of-living benefit increase
295295 pursuant to the provisions of:
296296 (1) Section 49-143.7 of Title 11 of the Oklahoma
297297 Statutes,
298298 (2) Section 50-136.9 of Title 11 of the Oklahoma
299299 Statutes,
300300 (3) Section 1104K of Title 20 of the Oklahoma
301301 Statutes,
302302 (4) Section 2-305.12 of Title 47 o f the Oklahoma
303303 Statutes,
304304 (5) Section 17-116.22 of Title 70 of the Oklahoma
305305 Statutes, or
306306 (6) Section 930.11 of Title 74 of the Oklahoma
307307 Statutes,
308308 i. which provides for the reinsta tement of retirement
309309 benefits for members of the Oklahoma Law Enforcement
310310 Retirement System pursuant to Section 2 -305 of Title
311311 47 of the Oklahoma Statutes for those who were hired
312312 on or after November 1, 2012, or May 24, 2013,
313313 j. which authorizes the purch ase of military service
314314 credit as provided in Section 50 -128 of Title 11,
315315 Section 1102.2 of Title 20, Section 2 -307.4 of Title RBH No. 10057
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342342 47, and Section 913.8 of Title 74 of the Oklahoma
343343 Statutes,
344344 k. which restores benefits pursuant to Sections 49 -100.1,
345345 49-101, 49-101.2, 49-106.1, 49-108, 49-117.1, and 49-
346346 135 of Title 11 of the Oklahoma Statutes,
347347 l. which modifies the computation of the line -of-duty
348348 disability benefit pursuant to the provisions of this
349349 act, or
350350 m. which authorizes membership in the Oklahoma Law
351351 Enforcement Retirement System for active commissioned
352352 or CLEET-certified agents of the Council on Law
353353 Enforcement Education and Training pursuant to Section
354354 3 of this act.
355355 A nonfiscal retirement bill shall include any retirement bill that
356356 has as its sole purpos e the appropriation or distribution or
357357 redistribution of monies in some manner to a retirement system for
358358 purposes of reducing the unfunded liability of such system or the
359359 earmarking of a portion of the revenue from a tax to a retirement
360360 system or increasing the percentage of the revenue earmarked from a
361361 tax to a retirement system;
362362 6. "Reduction-in-cost amendment" means an amendment to a
363363 retirement bill having a fiscal impact which reduces the cost of the
364364 bill as such cost is determined by the actuarial in vestigation for
365365 the bill prepared pursuant to Section 3109 of this title; RBH No. 10057
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392392 7. "Retirement bill" means any bill or joint resolution
393393 introduced or any bill or joint resolution amended by a member of
394394 the Oklahoma Legislature which creates or amends any law di rectly
395395 affecting a retirement system. A retirement bill shall not mean a
396396 bill or resolution that impacts the revenue of any state tax in
397397 which a portion of the revenue generated from such tax is earmarked
398398 for the benefit of a retirement system;
399399 8. "Retirement bill having a fiscal impact " means any
400400 retirement bill creating or establishing a retirement system and any
401401 other retirement bill other than a nonfiscal retirement bill; and
402402 9. "Retirement system" means the Teachers' Retirement System of
403403 Oklahoma, the Oklahoma Public Employees Retirement System, the
404404 Uniform Retirement System for Justices and Judges, the Oklahoma
405405 Firefighters Pension and Retirement System, the Oklahoma Police
406406 Pension and Retirement System, the Oklahoma Law Enforcement
407407 Retirement System, or a retirement system established after January
408408 1, 2006.
409409 SECTION 2. AMENDATORY 47 O.S. 2021, Section 2 -300, as
410410 last amended by Section 1, Chapter 361, O.S.L. 2024 (47 O.S. Supp.
411411 2024, Section 2-300), is amended to read as foll ows:
412412 Section 2-300. As used in Section 2 -300 et seq. of this title:
413413 1. "System" means the Oklahoma Law Enforcement Retirement
414414 System;
415415 2. "Act" means Section 2-300 et seq. of this title; RBH No. 10057
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442442 3. "Board" means the Oklahoma Law Enforcement Retirement Board
443443 of the System;
444444 4. "Executive Director" means the managing officer of the
445445 System employed by the Board;
446446 5. "Fund" means the Oklahoma Law Enforcement Retirement Fund;
447447 6. "Participating employer " means any Oklahoma entity with one
448448 or more employees who are me mbers of the System;
449449 7. a. "Member" means:
450450 (1) all commissioned law enforcemen t officers of the
451451 Oklahoma Highway Patrol Division of the
452452 Department of Public Safety who have obtained
453453 certification from the Council on Law Enforcement
454454 Education and Training, and all cadets of a
455455 Patrol Academy of the Department of Public
456456 Safety,
457457 (2) law enforcement officers and criminalists of the
458458 Oklahoma State Bureau of Investigation,
459459 (3) law enforcement officers of the Oklahoma State
460460 Bureau of Narcotics and Dangerous Drugs C ontrol
461461 designated to perform duties in the investigation
462462 and prevention of cri me and the enforcement of
463463 the criminal laws of this state,
464464 (4) law enforcement officers of the Alcoholic
465465 Beverage Laws Enforcement Commission designated RBH No. 10057
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492492 to perform duties in the investigation and
493493 prevention of crime and the enforcement of the
494494 criminal laws of this state,
495495 (5) employees of the Communications Section of the
496496 Oklahoma Highway Patrol Division, radio
497497 technicians and tower technicians of the
498498 Department of Public Safety, w ho are employed in
499499 any such capacity as of June 30, 2008, and who
500500 remain employed on or after July 1, 2008, until a
501501 termination of service, or until a termination of
502502 service with an election of a vested benefit from
503503 the System, or until retirement. Effect ive July
504504 1, 2008, a person employed for the first time as
505505 an employee of the Department of Public Safety in
506506 the Communications Division as an information
507507 systems telecommunication technician of the
508508 Department of Public Safety shall not be a member
509509 of the System,
510510 (6) park rangers of the Oklahoma Tourism and
511511 Recreation Department and any park manager or
512512 park supervisor of the Oklahoma Tourism and
513513 Recreation Department, who was employed in such a
514514 position prior to July 1, 1985, and who elects on RBH No. 10057
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541541 or before September 1, 1996, to participate in
542542 the System,
543543 (7) inspectors of the State Board of Pharmacy, and
544544 (8) active commissioned or CLEET -certified agents
545545 hired by the Office of the Attorney General or
546546 the Military Department of the State of Oklahoma
547547 on or after the effective date of this act July
548548 1, 2024, and
549549 (9) active commissioned or CLEE T-certified agents
550550 hired by the Council on Law Enforcement Education
551551 and Training on or after the effective date of
552552 this act.
553553 b. Effective July 1, 1987, a member does not include a
554554 "leased employee" as defined under Section 414(n)(2)
555555 of the Internal Revenue Code of 1986, as amended.
556556 Effective July 1, 1999, any individual who agrees with
557557 the participating employer that the individual 's
558558 services are to be performed as a leased empl oyee or
559559 an independent contractor shall not be a member
560560 regardless of any clas sification as a common -law
561561 employee by the Internal Revenue Service or any other
562562 governmental agency, or any court of competent
563563 jurisdiction. RBH No. 10057
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590590 c. All persons offered a position de scribed in
591591 subparagraph a of this paragraph shall participate in
592592 the System only upon meeting the requisite post -offer-
593593 pre-employment examination standards which shall be
594594 subject to the following requirements:
595595 (1) all such persons shall be of good moral
596596 character, free from deformities, mental or
597597 physical conditions, or disease and alcohol or
598598 drug addiction which would prohibit the person
599599 from performing the duties of a law enforcement
600600 officer,
601601 (2) the physical-medical examination shall pertain to
602602 age, sight, hearing, agility and other conditions
603603 the requirements of which shall be established by
604604 the Board,
605605 (3) the person shall be required to meet the
606606 conditions of this subsection prior to the
607607 beginning of actual employment but after an offer
608608 of employment has been tendered by a
609609 participating employer,
610610 (4) the Board shall have authorit y to deny or revoke
611611 membership of any person submitting false
612612 information in such person 's membership
613613 application, and RBH No. 10057
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640640 (5) the Board shall have final authority in
641641 determining eligibility for membership in the
642642 System, pursuant to the provisions of this
643643 subsection;
644644 8. "Normal retirement date " means the date at which the member
645645 is eligible to receive the unreduced payments of the member 's
646646 accrued retirement benefit. Such date shall be the first day of the
647647 month coinciding with or following the date the membe r:
648648 a. completes twenty (20) years of vesting service, or
649649 b. attains sixty-two (62) years of age with ten (10)
650650 years of vesting service, or
651651 c. attains sixty-two (62) years of age, if:
652652 (1) the member has been transferred to this System
653653 from the Oklahoma Public Employees Retirement
654654 System on or after July 1, 1981, and
655655 (2) the member would have been vested had the member
656656 continued to be a member of the Oklahoma Public
657657 Employees Retirement System.
658658 With respect to distributions under the System made for calendar
659659 years beginning on or after January 1, 2005, the System shall apply
660660 the minimum distribution incidental benefit requirements, incidental
661661 benefit requirements, and minimum distrib ution requirements of
662662 Section 401(a)(9) of the Internal Revenue Code of 1986, as amended,
663663 in accordance with the final regulations under Section 401(a)(9) of RBH No. 10057
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690690 the Internal Revenue Code of 1986, as amended, including Treasury
691691 Regulations Sections 1.401(a)(9) -1 through 1.401(a)(9) -9; provided,
692692 that for individuals who attain seventy an d one-half (70 1/2) years
693693 of age after December 31, 2019, but before January 1, 2023, such
694694 distributions shall take into account that "age 70 1/2" was stricken
695695 and "age 72" was inserted in Sections 401(a)(9)(B)(iv)(I),
696696 401(a)(9)(C)(i)(I) and 401(a)(9)(C)(ii)(I) of the Internal Revenue
697697 Code of 1986, as amended, and, provided further, that for
698698 individuals who attain seventy -two (72) years of age after December
699699 31, 2022, such distrib utions shall take into account that "age 72"
700700 was stricken and "the applicable age", as defined in Section
701701 401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as amended,
702702 was inserted in Section 401(a)(9)(B)(iv)(I), Section
703703 401(a)(9)(C)(i)(I) and Section 401(a)(9)(C)(ii)(I) of the Internal
704704 Revenue Code of 1986, as amended, in all cases notwithstanding any
705705 provision of the System to the contrary. With respect to
706706 distributions under the System made for calendar years beginning on
707707 or after January 1, 2001, t hrough December 31, 2004, the System
708708 shall apply the minimum distribution requ irements and incidental
709709 benefit requirements of Section 401(a)(9) of the Internal Revenue
710710 Code of 1986, as amended, in accordance with the regulations under
711711 Section 401(a)(9) of the Internal Revenue Code of 1986, as amended,
712712 which were proposed in January 2001, notwithstanding any provision
713713 of the System to the contrary. RBH No. 10057
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740740 Effective July 1, 1989, notwithstanding any other provision
741741 contained herein to the contrary, in no event shall commencement of
742742 distribution of the accrued retirement benefit of a member be
743743 delayed beyond April 1 of the calendar year following the later of:
744744 (1) the calendar year in which the member reaches seventy and one -
745745 half (70 1/2) years of age for a member wh o attains this age before
746746 January 1, 2020, or, for a member who attains this age on or after
747747 January 1, 2020, but before January 1, 2023, the calendar year in
748748 which the member reaches seventy -two (72) years of age, or effective
749749 for distributions required t o be made after December 31, 2022, the
750750 calendar year in which the member reach es seventy-three (73) years
751751 of age for an individual who attains age seventy -two (72) after
752752 December 31, 2022, or "the applicable age", as defined in Section
753753 401(a)(9)(C)(v) of t he Internal Revenue Code of 1986, as amended, if
754754 later; or (2) the actual retirement date of the member. A member
755755 electing to defer the commencement of retirement benefits pursuant
756756 to Section 2-308.1 of this title may not defer the benefit
757757 commencement beyond the age of sixty -five (65).
758758 Effective September 8, 2009, notwithstanding anything to the
759759 contrary of the System, the System, which as a governmental plan
760760 (within the meaning of Section 414(d) of the Internal Revenue Code
761761 of 1986, as amended), is treat ed as having complied with Section
762762 401(a)(9) of the Internal Revenue Code of 1986, as amended, for all
763763 years to which Section 401(a)(9) of the Internal Revenue Code of RBH No. 10057
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790790 1986, as amended, applies to the System if the System complies with
791791 a reasonable and goo d faith interpretation of Section 401(a)(9) of
792792 the Internal Revenue Code of 19 86, as amended.
793793 A member who was required to join the System effective July 1,
794794 1980, because of the transfer of the employing agency from the
795795 Oklahoma Public Employees Retirement System to the System, and was
796796 not a member of the Oklahoma Public Employees Retirement System on
797797 the date of such transfer shall be allowed to receive credit for
798798 prior law enforcement service rendered to this state, if the member
799799 is not receiving or eligi ble to receive retirement credit or
800800 benefits for such service in any other pub lic retirement system,
801801 upon payment to the System of the employee contribution the member
802802 would have been subject to had the member been a member of the
803803 System at the time, plus five percent (5%) interest. Service credit
804804 received pursuant to this paragraph shall be used in determining the
805805 member's retirement benefit, and shall be used in determining years
806806 of service for retirement or vesting purposes;
807807 9. "Actual paid base salary " means the salary received by a
808808 member, excluding payment for any accumulated leave or uniform
809809 allowance. Salary shall include any amount of nonelective salary
810810 reduction under Section 414(h) of the Internal Revenue Code of 1986;
811811 10. "Final average salary" means the average of the highest
812812 thirty (30) consecutive complete months of actual paid gross salary.
813813 Gross salary shall include any amount of elective salary reduction RBH No. 10057
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840840 under Section 457 of the Internal Revenue Code of 1986, as amended,
841841 and any amount of nonelective salary reduction under Section 414(h)
842842 of the Internal Revenue C ode of 1986, as amended. Effective July 1,
843843 1992, gross salary shall include any amount of elective salary
844844 reduction under Section 125 of the Internal Revenue Code of 1986, as
845845 amended. Effective July 1, 1998, gross salary shall include any
846846 amount of elective salary reduction not includable in the gross
847847 income of the member under Section 132(f)(4) of the Internal Revenue
848848 Code of 1986, as amended. Effective July 1, 1998, for purpo ses of
849849 determining a member 's compensation, any contribution by the member
850850 to reduce his or her regular cash remuneration under Section
851851 132(f)(4) of the Internal Revenue Code of 1986, as amended, shall be
852852 treated as if the member did not make such an elect ion. Only salary
853853 on which required contributions have been made may be used in
854854 computing the final average salary. Gross salary shall not include
855855 severance pay.
856856 In addition to other applicable limitations, and notwithstanding
857857 any other provision to the c ontrary, for plan years beginning on or
858858 after July 1, 2002, the annual gross s alary of each "Noneligible
859859 Member" taken into account under the System shall not exceed the
860860 Economic Growth and Tax Relief Reconciliation Act of 2001 ( "EGTRRA")
861861 annual salary limit. The EGTRRA annual salary limit is Two Hundred
862862 Thousand Dollars ($200,000.00), as adjusted by the Commissioner for
863863 increases in the cost of living in accordance with Section RBH No. 10057
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890890 401(a)(17)(B) of the Internal Revenue Code of 1986, as amended. The
891891 annual salary limit in effect for a calendar year applies to any
892892 period, not exceeding twelve (12) months, over which salary is
893893 determined ("determination period ") beginning in such calendar year.
894894 If a determination period consists of fewer than twelve (12) months ,
895895 the EGTRRA salary limit will be multiplied by a fraction, the
896896 numerator of which is the number of months in the determination
897897 period, and the denominator of which is twelve (12). For purposes
898898 of this section, a "Noneligible Member" is any member who fir st
899899 became a member during a plan year commencing on or after July 1,
900900 1996.
901901 For plan years beginning on or after July 1, 2002, any reference
902902 in the System to the annual salary limit under Section 401(a)(17) of
903903 the Internal Revenue Code of 1986, as amended, shall mean the EGTRRA
904904 salary limit set forth in this provision.
905905 Effective January 1, 2008, gross salary for a plan year shall
906906 also include gross salary, as described above, for services, but
907907 paid by the later of two and one -half (2 1/2) months after a
908908 member's severance from employment or the end of the calendar year
909909 that includes the date the member terminated employment, if it is a
910910 payment that, absent a severance from employment, would have been
911911 paid to the member while the member continued in employment with the
912912 employer. RBH No. 10057
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939939 Effective January 1, 2008, any payments not described above
940940 shall not be considered gross salary if paid after severance from
941941 employment, even if they are paid by the later of two and one -half
942942 (2 1/2) months after the date of severance from employment or the
943943 end of the calendar year that includes the date of seve rance from
944944 employment, except payments to an individual who does not currently
945945 perform services for the employer by reason of qualified military
946946 service within the meaning of Sec tion 414(u)(5) of the Internal
947947 Revenue Code of 1986, as amended, to the extent these payments do
948948 not exceed the amounts the individual would have received if the
949949 individual had continued to perform services for the employer rather
950950 than entering qualified m ilitary service.
951951 Effective January 1, 2008, back pay, within the meaning of
952952 Section 1.415(c)-2(g)(8) of the Income Tax Regulations, shall be
953953 treated as gross salary for the limitation year to which the back
954954 pay relates to the extent the back pay represents wages and
955955 compensation that would otherwise be included in this definition.
956956 Effective for years beginning after December 31, 2008, gross
957957 salary shall also include differential wage payments under Section
958958 414(u)(12) of the Internal Revenue Code of 1986, as amended;
959959 11. "Credited service" means the period of service used to
960960 determine the amount of benefits payable to a member. Credited
961961 service shall consist of the period during which the member
962962 participated in the System or the predecessor Plan as an activ e RBH No. 10057
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989989 employee in an eligible membership classification, plus any service
990990 prior to the establishment of the predecessor Plan which was
991991 credited under the predecessor Plan and for law enforcement officers
992992 and criminalists of the Oklahoma State Bureau of Investi gation and
993993 the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
994994 who became members of the System on July 1, 1980, any service
995995 credited under the Oklahoma Public Employees Retirement System as of
996996 June 30, 1980, and for members of the Communica tions and Lake Patrol
997997 Divisions of the Oklahoma Department of Public Safety, who became
998998 members of the System on July 1, 1981, any service credited under
999999 the predecessor Plan or the Oklahoma Public Employees Retirement
10001000 System as of June 30, 1981, and for l aw enforcement officers of the
10011001 Alcoholic Beverage Laws Enforcement Commission who became members of
10021002 the System on July 1, 1982, any service credited under the Oklahoma
10031003 Public Employees Retirement System as of June 30, 1982, and for park
10041004 rangers of the Oklahoma Tourism and Recreation Department who became
10051005 members of the System on July 1, 1985, any service credited under
10061006 the Oklahoma Public Employees Retirement System as of June 30, 1985,
10071007 and for inspectors of the State Board of Pharmacy who became members
10081008 of the System on July 1, 1986, any service credited under the
10091009 Oklahoma Public Employees Retirement System as of June 30, 1986, for
10101010 law enforcement officers of the Oklahoma Capitol Patrol Division of
10111011 the Department of Public Safety who became members of the S ystem
10121012 effective July 1, 1993, any service credited under the Oklahoma RBH No. 10057
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10391039 Public Employees Retirement System as of June 30, 1993, and for all
10401040 commissioned officers in the Gunsmith/Ammunition Reloader Division
10411041 of the Department of Public Safety who became membe rs of the System
10421042 effective July 1, 1994, any service credited under the Oklaho ma
10431043 Public Employees Retirement System as of June 30, 1994, and for the
10441044 park managers or park supervisors of the Oklahoma Tourism and
10451045 Recreation Department who were employed in su ch a position prior to
10461046 July 1, 1985, and who elect to become members of the System
10471047 effective September 1, 1996, any service transferred pursuant to
10481048 subsection C of Section 2 -309.6 of this title and any service
10491049 purchased pursuant to subsection B of Section 2-307.2 of this title.
10501050 Effective August 5, 1993, an authorized leave of absen ce shall
10511051 include a period of absence pursuant to the Family and Medical Leave
10521052 Act of 1993;
10531053 12. "Disability" means a physical or mental condition which, in
10541054 the judgment of the Bo ard, totally and presumably permanently
10551055 prevents the member from engaging in the usual and customary duties
10561056 of the occupation of the member and thereafter prevents the member
10571057 from performing the duties of any occupation or service for which
10581058 the member is qualified by reason of training, education or
10591059 experience. A person is not unde r a disability when capable of
10601060 performing a service to the employer, regardless of occupation,
10611061 providing the salary of the employee is not diminished thereby; RBH No. 10057
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10881088 13. "Limitation year" means the year used in applying the
10891089 limitations of Section 415 of the Internal Revenue Code of 1986,
10901090 which year shall be the calendar year;
10911091 14. "Line of duty" means any action which a member whose
10921092 primary function is crime control or reduction or enfo rcement of the
10931093 criminal law is obligated or authorized by rule, regulations,
10941094 condition of employment or service, or law to perform including
10951095 those social, ceremonial or athletic functions to which the member
10961096 is assigned, or for which the member is compensa ted, by the agency
10971097 the member serves;
10981098 15. "Personal injury" or "injury" means any traumatic injury as
10991099 well as diseases which are caused by or result from such an injury,
11001100 but not occupational diseases;
11011101 16. "Catastrophic nature" means consequences of an in jury that
11021102 permanently prevent an individual from performing any gainful work;
11031103 17. "Traumatic injury" means a wound or a condition of the body
11041104 caused by external force including injuries inflicted by bullets,
11051105 explosives, sharp instruments, blunt objects or other physical
11061106 blows, chemicals, electricity, climatic conditions, infectious
11071107 diseases, radiation and bacteria, but excluding stress and strain;
11081108 and
11091109 18. "Beneficiary" means the individual designated by the member
11101110 on a beneficiary designation form supplie d by the Oklahoma Law
11111111 Enforcement Retirement System, or, if there is no design ated RBH No. 10057
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11381138 beneficiary or if the designated beneficiary predeceases the member,
11391139 the estate of the member. If the member 's spouse is not designated
11401140 as the sole primary beneficiary, the member's spouse must sign a
11411141 consent.
11421142 SECTION 3. NEW LAW A new section of law to be codified
11431143 in the Oklahoma Statutes as Section 2 -309.11 of Title 47, unless
11441144 there is created a duplication in numbering, reads as follows:
11451145 Commissioned or CLEET-certified agents of the Council on Law
11461146 Enforcement Education and Tr aining who are hired on or after July 1,
11471147 2025, shall participate in and make contributions to the Oklahoma
11481148 Law Enforcement Retirement System as other participating employers
11491149 and members of the System. Such employees shall not make
11501150 contributions to any plan offered by the Oklahoma Public Employees
11511151 Retirement System, other than the Oklahoma State Employees Deferred
11521152 Compensation Plan and the Oklahoma State Employees Deferred Savin gs
11531153 Incentive Plan. The Department shall be a participating employer in
11541154 the Oklahoma Law Enforcement Retirement System for all Council on
11551155 Law Enforcement Education and Training commissioned or CLEET -
11561156 certified agents who participate in the Oklahoma Law Enforcement
11571157 Retirement System pursuant to the provisions of this section.
11581158 SECTION 4. If the emergency clause is not approved pursuant to
11591159 the requirements of the Oklahoma Constitution as part of this
11601160 measure, the effective date of Section 1 of this act shall be
11611161 October 1, 2025. RBH No. 10057
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11881188 SECTION 5. If the emergency clause is not approved pursuant to
11891189 the requirements of the Oklahoma Constitution as part of this
11901190 measure, the effective date of Sections 2 and 3 of this act shall be
11911191 November 1, 2025.
11921192 SECTION 6. Except as otherwise provided by Section 4 of this
11931193 act, Section 1 of this act shall be come effective immediately upon
11941194 signature by the Governor or as otherwise provided by Section 58 of
11951195 Article V of the Oklahoma Consti tution.
11961196 SECTION 7. Except as otherwise provided by Section 5 of this
11971197 act, Sections 2 and 3 of this act shall become effective July 1,
11981198 2025.
11991199 SECTION 8. It being immediately necessary for the preservation
12001200 of the public peace, health or safety, an emergency is hereby
12011201 declared to exist, by reason whereof this act shall take effect and
12021202 be in full force from and after its passage and approval.
12031203
12041204 60-1-10057 CMA 12/04/24
12051205
12061206 THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
12071207 2512 E. 71
12081208 st
12091209 Street , Suite D ∙ Tulsa, Oklahoma 74136
12101210 (918) 492-9658 ∙ (918) 492- 9659
12111211
12121212
12131213
12141214
12151215 January 13, 2025
12161216
12171217
12181218
12191219 Representative Hardin
12201220 Room 250S
12211221
12221222
12231223 Re: RBH No. 10057
12241224
12251225 RBH No. 10057 would make new CLEET active commissioned agents and
12261226 CLEET certified agents of Council on Law Enforcement Education and
12271227 Training participants of the Oklahoma Law Enforcement Retirement
12281228 System.
12291229
12301230 This act also amends OPLAAA definition of non fiscal to include the
12311231 above change.
12321232
12331233
12341234
12351235 RBH No. 10057 is a non fiscal bill as d efined by OPLAAA.
12361236
12371237 I am a member of the American Academy of Actuaries and meet the
12381238 Qualification Standards of the American Academy of Actuaries to
12391239 render the actuarial opinion herein.
12401240
12411241
12421242 Thomas E. Cummins
12431243
12441244 Thomas E. Cummins, MAAA
12451245
12461246