Oklahoma 2025 Regular Session

Oklahoma House Bill HB1182 Latest Draft

Bill / Introduced Version Filed 01/14/2025

                            RBH No. 10057 
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
HOUSE BILL 1182 	By: Hardin 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to public retirement systems; 
amending 62 O.S. 2021, Section 3103, as last amended 
by Section 127, Chapter 452, O.S.L. 20 24 (62 O.S. 
Supp. 2024, Section 3103), which relates to the 
Oklahoma Pension Actuarial Analysis Act; modifying 
definition; amending 47 O.S. 2021, Section 2 -300, as 
last amended by Section 1, Chapter 361, O.S.L. 2024 
(47 O.S. Supp. 2024, Section 2 -300), which relates to 
the Oklahoma Law Enforcement Retirement System; 
modifying definition; authorizing membership in the 
Oklahoma Law Enforcement Retirement System for 
certain new employees of the Council on Law 
Enforcement Education and Training; providing for 
codification; providing effective dates; and 
declaring an emergency . 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     62 O.S. 2021, Section 3103, as 
last amended by Section 127, Chapter 452, O .S.L. 2024 (62 O.S. Supp. 
2024, Section 3103), is amended to read as follows: 
Section 3103. As used in the Oklahoma Pension Legislation 
Actuarial Analysis Act: 
1.  "Amendment" means any amendment including a substitute bill, 
made to a retirement bill by a ny committee of the House or Senate,  RBH No. 10057 
 
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any conference committee of the House or Senate or by the House or 
Senate; 
2.  "RB number" means that number preceded by the letters "RB" 
assigned to a retirement bill by the respective staffs of the 
Oklahoma State Senate and the Oklahoma House of Representatives when 
the respective staff office prepares a retirement bill for a member 
of the Legislature; 
3.  "Legislative Actuary" means the firm or entity that enters 
into a contract with the Legislative Service Bureau pur suant to 
Section 452.15 of Title 74 of the Oklahoma Statutes to provide the 
actuarial services and other duties provided for in the Oklahoma 
Pension Legislation Actuarial Analysis Act; 
4.  "Nonfiscal amendment" means an amendment to a retirement 
bill having a fiscal impact, which amendment does not change any 
factor of an actuarial investigation specified in subsection A of 
Section 3109 of this title; 
5.  "Nonfiscal retirement bill " means a retirement bill: 
a. which does not affect the cost or funding facto rs of a 
retirement system, 
b. which affects such factors only in a manner which does 
not: 
(1) grant a benefit increase under the retirement 
system affected by the bill,  RBH No. 10057 
 
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(2) create an actuarial accrued liability for or 
increase the actuarial accrued liabili ty of the 
retirement system affected by the bill, or 
(3) increase the normal c ost of the retirement system 
affected by the bill, 
c. which authorizes the purchase by an active member of 
the retirement system, at the actuarial cost for the 
purchase as computed pursuant to the statute in effect 
on the effective date of the measure allowing such 
purchase, of years of service for purposes of reaching 
a normal retirement date in the applicable retirement 
system, but which cannot be used in order to compute 
the number of years of service for purposes of 
computing the retirement benefit for the member, 
d. which provides for the computation of a service -
connected disability retirement benefit for members of 
the Oklahoma Law Enforcement Retirement System 
pursuant to Section 2-305 of Title 47 of the Oklahoma 
Statutes if the members were unable to complete twenty 
(20) years of service as a result of the disability, 
e. which requires membership in the defined benefit plan 
authorized by Section 901 et seq. of Title 74 of t he 
Oklahoma Statutes for persons whose first elected or 
appointed service occu rs on or after November 1, 2018,  RBH No. 10057 
 
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if such persons had any prior service in the Oklahoma 
Public Employees Retirement System prior to November 
1, 2015, 
f. which provides for a one -time increase in retirement 
benefits if the increase in retirement benefits is not 
a permanent increase in the gross annual retirement 
benefit payable to a member or beneficiary, occurs 
only once pursuant to a single statutory authorization 
and does not exceed: 
(1) the lesser of two percent (2%) of the gross 
annual retirement benefit of the member or One 
Thousand Dollars ($1,000.00) and requires that 
the benefit may only be provided if the funded 
ratio of the affected retirement system would not 
be less than sixty percent (60%) but not greater 
than eighty percent (80%) after the benefit 
increase is paid, 
(2) the lesser of two percent (2%) of the gross 
annual retirement benefit of the member or One 
Thousand Two Hundred Dollars ($1,200.00) and 
requires that the benefit may only be provided if 
the funded ratio of the affected retirement 
system would be greater than eighty percent (80%)  RBH No. 10057 
 
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but not greater than one hundred percent (100%) 
after the benefit increase is paid, 
(3) the lesser of two percent (2%) of the gro ss 
annual retirement benefit of the member or One 
Thousand Four Hundred Dollars ($1,400.00) and 
requires that the benefit may only be provided if 
the funded ratio of the affected retirement 
system would be greater than one hundred percent 
(100%) after the benefit increase is paid, or 
(4) the greater of two percent (2%) of the gross 
annual retirement benefit of the volunteer 
firefighter or One Hundred Dollars ($100.00) for 
persons who retired from the Oklahoma 
Firefighters Pension and Retirement System as 
volunteer firefighters and who did not retire 
from the Oklahoma Firefighters Pension and 
Retirement System as a paid firefighter. 
As used in this subparagraph, "funded ratio" means the 
figure derived by dividing the actuarial value of 
assets of the applicabl e retirement system by the 
actuarial accrued liability of the applicable 
retirement system, 
g. which modifies the disability pension standard for 
police officers who are members of the Oklahoma Police  RBH No. 10057 
 
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Pension and Retirement System as provided by Section 
50-115 of Title 11 of the Oklahoma Statutes, 
h. which provides a cost -of-living benefit increase 
pursuant to the provisions of: 
(1) Section 49-143.7 of Title 11 of the Oklahoma 
Statutes, 
(2) Section 50-136.9 of Title 11 of the Oklahoma 
Statutes, 
(3) Section 1104K of Title 20 of the Oklahoma 
Statutes, 
(4) Section 2-305.12 of Title 47 o f the Oklahoma 
Statutes, 
(5) Section 17-116.22 of Title 70 of the Oklahoma 
Statutes, or 
(6) Section 930.11 of Title 74 of the Oklahoma 
Statutes, 
i. which provides for the reinsta tement of retirement 
benefits for members of the Oklahoma Law Enforcement 
Retirement System pursuant to Section 2 -305 of Title 
47 of the Oklahoma Statutes for those who were hired 
on or after November 1, 2012, or May 24, 2013, 
j. which authorizes the purch ase of military service 
credit as provided in Section 50 -128 of Title 11, 
Section 1102.2 of Title 20, Section 2 -307.4 of Title  RBH No. 10057 
 
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47, and Section 913.8 of Title 74 of the Oklahoma 
Statutes, 
k. which restores benefits pursuant to Sections 49 -100.1, 
49-101, 49-101.2, 49-106.1, 49-108, 49-117.1, and 49-
135 of Title 11 of the Oklahoma Statutes, 
l. which modifies the computation of the line -of-duty 
disability benefit pursuant to the provisions of this 
act, or 
m. which authorizes membership in the Oklahoma Law 
Enforcement Retirement System for active commissioned 
or CLEET-certified agents of the Council on Law 
Enforcement Education and Training pursuant to Section 
3 of this act. 
A nonfiscal retirement bill shall include any retirement bill that 
has as its sole purpos e the appropriation or distribution or 
redistribution of monies in some manner to a retirement system for 
purposes of reducing the unfunded liability of such system or the 
earmarking of a portion of the revenue from a tax to a retirement 
system or increasing the percentage of the revenue earmarked from a 
tax to a retirement system; 
6.  "Reduction-in-cost amendment" means an amendment to a 
retirement bill having a fiscal impact which reduces the cost of the 
bill as such cost is determined by the actuarial in vestigation for 
the bill prepared pursuant to Section 3109 of this title;  RBH No. 10057 
 
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7.  "Retirement bill" means any bill or joint resolution 
introduced or any bill or joint resolution amended by a member of 
the Oklahoma Legislature which creates or amends any law di rectly 
affecting a retirement system.  A retirement bill shall not mean a 
bill or resolution that impacts the revenue of any state tax in 
which a portion of the revenue generated from such tax is earmarked 
for the benefit of a retirement system; 
8.  "Retirement bill having a fiscal impact " means any 
retirement bill creating or establishing a retirement system and any 
other retirement bill other than a nonfiscal retirement bill; and 
9.  "Retirement system" means the Teachers' Retirement System of 
Oklahoma, the Oklahoma Public Employees Retirement System, the 
Uniform Retirement System for Justices and Judges, the Oklahoma 
Firefighters Pension and Retirement System, the Oklahoma Police 
Pension and Retirement System, the Oklahoma Law Enforcement 
Retirement System, or a retirement system established after January 
1, 2006. 
SECTION 2.     AMENDATORY     47 O.S. 2021, Section 2 -300, as 
last amended by Section 1, Chapter 361, O.S.L. 2024 (47 O.S. Supp. 
2024, Section 2-300), is amended to read as foll ows: 
Section 2-300. As used in Section 2 -300 et seq. of this title: 
1.  "System" means the Oklahoma Law Enforcement Retirement 
System; 
2.  "Act" means Section 2-300 et seq. of this title;  RBH No. 10057 
 
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3.  "Board" means the Oklahoma Law Enforcement Retirement Board 
of the System; 
4.  "Executive Director" means the managing officer of the 
System employed by the Board; 
5.  "Fund" means the Oklahoma Law Enforcement Retirement Fund; 
6.  "Participating employer " means any Oklahoma entity with one 
or more employees who are me mbers of the System; 
7. a. "Member" means: 
(1) all commissioned law enforcemen t officers of the 
Oklahoma Highway Patrol Division of the 
Department of Public Safety who have obtained 
certification from the Council on Law Enforcement 
Education and Training, and all cadets of a 
Patrol Academy of the Department of Public 
Safety, 
(2) law enforcement officers and criminalists of the 
Oklahoma State Bureau of Investigation, 
(3) law enforcement officers of the Oklahoma State 
Bureau of Narcotics and Dangerous Drugs C ontrol 
designated to perform duties in the investigation 
and prevention of cri me and the enforcement of 
the criminal laws of this state, 
(4) law enforcement officers of the Alcoholic 
Beverage Laws Enforcement Commission designated  RBH No. 10057 
 
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to perform duties in the investigation and 
prevention of crime and the enforcement of the 
criminal laws of this state, 
(5) employees of the Communications Section of the 
Oklahoma Highway Patrol Division, radio 
technicians and tower technicians of the 
Department of Public Safety, w ho are employed in 
any such capacity as of June 30, 2008, and who 
remain employed on or after July 1, 2008, until a 
termination of service, or until a termination of 
service with an election of a vested benefit from 
the System, or until retirement.  Effect ive July 
1, 2008, a person employed for the first time as 
an employee of the Department of Public Safety in 
the Communications Division as an information 
systems telecommunication technician of the 
Department of Public Safety shall not be a member 
of the System, 
(6) park rangers of the Oklahoma Tourism and 
Recreation Department and any park manager or 
park supervisor of the Oklahoma Tourism and 
Recreation Department, who was employed in such a 
position prior to July 1, 1985, and who elects on  RBH No. 10057 
 
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or before September 1, 1996, to participate in 
the System, 
(7) inspectors of the State Board of Pharmacy, and 
(8) active commissioned or CLEET -certified agents 
hired by the Office of the Attorney General or 
the Military Department of the State of Oklahoma 
on or after the effective date of this act July 
1, 2024, and 
(9) active commissioned or CLEE T-certified agents 
hired by the Council on Law Enforcement Education 
and Training on or after the effective date of 
this act. 
b. Effective July 1, 1987, a member does not include a 
"leased employee" as defined under Section 414(n)(2) 
of the Internal Revenue Code of 1986, as amended.  
Effective July 1, 1999, any individual who agrees with 
the participating employer that the individual 's 
services are to be performed as a leased empl oyee or 
an independent contractor shall not be a member 
regardless of any clas sification as a common -law 
employee by the Internal Revenue Service or any other 
governmental agency, or any court of competent 
jurisdiction.  RBH No. 10057 
 
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c. All persons offered a position de scribed in 
subparagraph a of this paragraph shall participate in 
the System only upon meeting the requisite post -offer-
pre-employment examination standards which shall be 
subject to the following requirements: 
(1) all such persons shall be of good moral 
character, free from deformities, mental or 
physical conditions, or disease and alcohol or 
drug addiction which would prohibit the person 
from performing the duties of a law enforcement 
officer, 
(2) the physical-medical examination shall pertain to 
age, sight, hearing, agility and other conditions 
the requirements of which shall be established by 
the Board, 
(3) the person shall be required to meet the 
conditions of this subsection prior to the 
beginning of actual employment but after an offer 
of employment has been tendered by a 
participating employer, 
(4) the Board shall have authorit y to deny or revoke 
membership of any person submitting false 
information in such person 's membership 
application, and  RBH No. 10057 
 
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(5) the Board shall have final authority in 
determining eligibility for membership in the 
System, pursuant to the provisions of this 
subsection; 
8.  "Normal retirement date " means the date at which the member 
is eligible to receive the unreduced payments of the member 's 
accrued retirement benefit.  Such date shall be the first day of the 
month coinciding with or following the date the membe r: 
a. completes twenty (20) years of vesting service, or 
b. attains sixty-two (62) years of age with ten (10) 
years of vesting service, or 
c. attains sixty-two (62) years of age, if: 
(1) the member has been transferred to this System 
from the Oklahoma Public Employees Retirement 
System on or after July 1, 1981, and 
(2) the member would have been vested had the member 
continued to be a member of the Oklahoma Public 
Employees Retirement System. 
With respect to distributions under the System made for calendar 
years beginning on or after January 1, 2005, the System shall apply 
the minimum distribution incidental benefit requirements, incidental 
benefit requirements, and minimum distrib ution requirements of 
Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, 
in accordance with the final regulations under Section 401(a)(9) of  RBH No. 10057 
 
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the Internal Revenue Code of 1986, as amended, including Treasury 
Regulations Sections 1.401(a)(9) -1 through 1.401(a)(9) -9; provided, 
that for individuals who attain seventy an d one-half (70 1/2) years 
of age after December 31, 2019, but before January 1, 2023, such 
distributions shall take into account that "age 70 1/2" was stricken 
and "age 72" was inserted in Sections 401(a)(9)(B)(iv)(I), 
401(a)(9)(C)(i)(I) and 401(a)(9)(C)(ii)(I) of the Internal Revenue 
Code of 1986, as amended, and, provided further, that for 
individuals who attain seventy -two (72) years of age after December 
31, 2022, such distrib utions shall take into account that "age 72" 
was stricken and "the applicable age", as defined in Section 
401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as amended, 
was inserted in Section 401(a)(9)(B)(iv)(I), Section 
401(a)(9)(C)(i)(I) and Section 401(a)(9)(C)(ii)(I) of the Internal 
Revenue Code of 1986, as amended, in all cases notwithstanding any 
provision of the System to the contrary.  With respect to 
distributions under the System made for calendar years beginning on 
or after January 1, 2001, t hrough December 31, 2004, the System 
shall apply the minimum distribution requ irements and incidental 
benefit requirements of Section 401(a)(9) of the Internal Revenue 
Code of 1986, as amended, in accordance with the regulations under 
Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, 
which were proposed in January 2001, notwithstanding any provision 
of the System to the contrary.  RBH No. 10057 
 
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Effective July 1, 1989, notwithstanding any other provision 
contained herein to the contrary, in no event shall commencement of 
distribution of the accrued retirement benefit of a member be 
delayed beyond April 1 of the calendar year following the later of:  
(1) the calendar year in which the member reaches seventy and one -
half (70 1/2) years of age for a member wh o attains this age before 
January 1, 2020, or, for a member who attains this age on or after 
January 1, 2020, but before January 1, 2023, the calendar year in 
which the member reaches seventy -two (72) years of age, or effective 
for distributions required t o be made after December 31, 2022, the 
calendar year in which the member reach es seventy-three (73) years 
of age for an individual who attains age seventy -two (72) after 
December 31, 2022, or "the applicable age", as defined in Section 
401(a)(9)(C)(v) of t he Internal Revenue Code of 1986, as amended, if 
later; or (2) the actual retirement date of the member.  A member 
electing to defer the commencement of retirement benefits pursuant 
to Section 2-308.1 of this title may not defer the benefit 
commencement beyond the age of sixty -five (65). 
Effective September 8, 2009, notwithstanding anything to the 
contrary of the System, the System, which as a governmental plan 
(within the meaning of Section 414(d) of the Internal Revenue Code 
of 1986, as amended), is treat ed as having complied with Section 
401(a)(9) of the Internal Revenue Code of 1986, as amended, for all 
years to which Section 401(a)(9) of the Internal Revenue Code of  RBH No. 10057 
 
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1986, as amended, applies to the System if the System complies with 
a reasonable and goo d faith interpretation of Section 401(a)(9) of 
the Internal Revenue Code of 19 86, as amended. 
A member who was required to join the System effective July 1, 
1980, because of the transfer of the employing agency from the 
Oklahoma Public Employees Retirement System to the System, and was 
not a member of the Oklahoma Public Employees Retirement System on 
the date of such transfer shall be allowed to receive credit for 
prior law enforcement service rendered to this state, if the member 
is not receiving or eligi ble to receive retirement credit or 
benefits for such service in any other pub lic retirement system, 
upon payment to the System of the employee contribution the member 
would have been subject to had the member been a member of the 
System at the time, plus five percent (5%) interest.  Service credit 
received pursuant to this paragraph shall be used in determining the 
member's retirement benefit, and shall be used in determining years 
of service for retirement or vesting purposes; 
9.  "Actual paid base salary " means the salary received by a 
member, excluding payment for any accumulated leave or uniform 
allowance.  Salary shall include any amount of nonelective salary 
reduction under Section 414(h) of the Internal Revenue Code of 1986; 
10.  "Final average salary" means the average of the highest 
thirty (30) consecutive complete months of actual paid gross salary.  
Gross salary shall include any amount of elective salary reduction  RBH No. 10057 
 
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under Section 457 of the Internal Revenue Code of 1986, as amended, 
and any amount of nonelective salary reduction under Section 414(h) 
of the Internal Revenue C ode of 1986, as amended.  Effective July 1, 
1992, gross salary shall include any amount of elective salary 
reduction under Section 125 of the Internal Revenue Code of 1986, as 
amended.  Effective July 1, 1998, gross salary shall include any 
amount of elective salary reduction not includable in the gross 
income of the member under Section 132(f)(4) of the Internal Revenue 
Code of 1986, as amended.  Effective July 1, 1998, for purpo ses of 
determining a member 's compensation, any contribution by the member 
to reduce his or her regular cash remuneration under Section 
132(f)(4) of the Internal Revenue Code of 1986, as amended, shall be 
treated as if the member did not make such an elect ion.  Only salary 
on which required contributions have been made may be used in 
computing the final average salary.  Gross salary shall not include 
severance pay. 
In addition to other applicable limitations, and notwithstanding 
any other provision to the c ontrary, for plan years beginning on or 
after July 1, 2002, the annual gross s alary of each "Noneligible 
Member" taken into account under the System shall not exceed the 
Economic Growth and Tax Relief Reconciliation Act of 2001 ( "EGTRRA") 
annual salary limit.  The EGTRRA annual salary limit is Two Hundred 
Thousand Dollars ($200,000.00), as adjusted by the Commissioner for 
increases in the cost of living in accordance with Section  RBH No. 10057 
 
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401(a)(17)(B) of the Internal Revenue Code of 1986, as amended.  The 
annual salary limit in effect for a calendar year applies to any 
period, not exceeding twelve (12) months, over which salary is 
determined ("determination period ") beginning in such calendar year.  
If a determination period consists of fewer than twelve (12) months , 
the EGTRRA salary limit will be multiplied by a fraction, the 
numerator of which is the number of months in the determination 
period, and the denominator of which is twelve (12).  For purposes 
of this section, a "Noneligible Member" is any member who fir st 
became a member during a plan year commencing on or after July 1, 
1996. 
For plan years beginning on or after July 1, 2002, any reference 
in the System to the annual salary limit under Section 401(a)(17) of 
the Internal Revenue Code of 1986, as amended, shall mean the EGTRRA 
salary limit set forth in this provision. 
Effective January 1, 2008, gross salary for a plan year shall 
also include gross salary, as described above, for services, but 
paid by the later of two and one -half (2 1/2) months after a 
member's severance from employment or the end of the calendar year 
that includes the date the member terminated employment, if it is a 
payment that, absent a severance from employment, would have been 
paid to the member while the member continued in employment with the 
employer.  RBH No. 10057 
 
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Effective January 1, 2008, any payments not described above 
shall not be considered gross salary if paid after severance from 
employment, even if they are paid by the later of two and one -half 
(2 1/2) months after the date of severance from employment or the 
end of the calendar year that includes the date of seve rance from 
employment, except payments to an individual who does not currently 
perform services for the employer by reason of qualified military 
service within the meaning of Sec tion 414(u)(5) of the Internal 
Revenue Code of 1986, as amended, to the extent these payments do 
not exceed the amounts the individual would have received if the 
individual had continued to perform services for the employer rather 
than entering qualified m ilitary service. 
Effective January 1, 2008, back pay, within the meaning of 
Section 1.415(c)-2(g)(8) of the Income Tax Regulations, shall be 
treated as gross salary for the limitation year to which the back 
pay relates to the extent the back pay represents wages and 
compensation that would otherwise be included in this definition. 
Effective for years beginning after December 31, 2008, gross 
salary shall also include differential wage payments under Section 
414(u)(12) of the Internal Revenue Code of 1986, as amended; 
11.  "Credited service" means the period of service used to 
determine the amount of benefits payable to a member.  Credited 
service shall consist of the period during which the member 
participated in the System or the predecessor Plan as an activ e  RBH No. 10057 
 
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employee in an eligible membership classification, plus any service 
prior to the establishment of the predecessor Plan which was 
credited under the predecessor Plan and for law enforcement officers 
and criminalists of the Oklahoma State Bureau of Investi gation and 
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control 
who became members of the System on July 1, 1980, any service 
credited under the Oklahoma Public Employees Retirement System as of 
June 30, 1980, and for members of the Communica tions and Lake Patrol 
Divisions of the Oklahoma Department of Public Safety, who became 
members of the System on July 1, 1981, any service credited under 
the predecessor Plan or the Oklahoma Public Employees Retirement 
System as of June 30, 1981, and for l aw enforcement officers of the 
Alcoholic Beverage Laws Enforcement Commission who became members of 
the System on July 1, 1982, any service credited under the Oklahoma 
Public Employees Retirement System as of June 30, 1982, and for park 
rangers of the Oklahoma Tourism and Recreation Department who became 
members of the System on July 1, 1985, any service credited under 
the Oklahoma Public Employees Retirement System as of June 30, 1985, 
and for inspectors of the State Board of Pharmacy who became members 
of the System on July 1, 1986, any service credited under the 
Oklahoma Public Employees Retirement System as of June 30, 1986, for 
law enforcement officers of the Oklahoma Capitol Patrol Division of 
the Department of Public Safety who became members of the S ystem 
effective July 1, 1993, any service credited under the Oklahoma  RBH No. 10057 
 
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Public Employees Retirement System as of June 30, 1993, and for all 
commissioned officers in the Gunsmith/Ammunition Reloader Division 
of the Department of Public Safety who became membe rs of the System 
effective July 1, 1994, any service credited under the Oklaho ma 
Public Employees Retirement System as of June 30, 1994, and for the 
park managers or park supervisors of the Oklahoma Tourism and 
Recreation Department who were employed in su ch a position prior to 
July 1, 1985, and who elect to become members of the System 
effective September 1, 1996, any service transferred pursuant to 
subsection C of Section 2 -309.6 of this title and any service 
purchased pursuant to subsection B of Section 2-307.2 of this title.  
Effective August 5, 1993, an authorized leave of absen ce shall 
include a period of absence pursuant to the Family and Medical Leave 
Act of 1993; 
12.  "Disability" means a physical or mental condition which, in 
the judgment of the Bo ard, totally and presumably permanently 
prevents the member from engaging in the usual and customary duties 
of the occupation of the member and thereafter prevents the member 
from performing the duties of any occupation or service for which 
the member is qualified by reason of training, education or 
experience.  A person is not unde r a disability when capable of 
performing a service to the employer, regardless of occupation, 
providing the salary of the employee is not diminished thereby;  RBH No. 10057 
 
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13.  "Limitation year" means the year used in applying the 
limitations of Section 415 of the Internal Revenue Code of 1986, 
which year shall be the calendar year; 
14.  "Line of duty" means any action which a member whose 
primary function is crime control or reduction or enfo rcement of the 
criminal law is obligated or authorized by rule, regulations, 
condition of employment or service, or law to perform including 
those social, ceremonial or athletic functions to which the member 
is assigned, or for which the member is compensa ted, by the agency 
the member serves; 
15.  "Personal injury" or "injury" means any traumatic injury as 
well as diseases which are caused by or result from such an injury, 
but not occupational diseases; 
16.  "Catastrophic nature" means consequences of an in jury that 
permanently prevent an individual from performing any gainful work; 
17.  "Traumatic injury" means a wound or a condition of the body 
caused by external force including injuries inflicted by bullets, 
explosives, sharp instruments, blunt objects or other physical 
blows, chemicals, electricity, climatic conditions, infectious 
diseases, radiation and bacteria, but excluding stress and strain; 
and 
18.  "Beneficiary" means the individual designated by the member 
on a beneficiary designation form supplie d by the Oklahoma Law 
Enforcement Retirement System, or, if there is no design ated  RBH No. 10057 
 
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beneficiary or if the designated beneficiary predeceases the member, 
the estate of the member.  If the member 's spouse is not designated 
as the sole primary beneficiary, the member's spouse must sign a 
consent. 
SECTION 3.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 2 -309.11 of Title 47, unless 
there is created a duplication in numbering, reads as follows: 
Commissioned or CLEET-certified agents of the Council on Law 
Enforcement Education and Tr aining who are hired on or after July 1, 
2025, shall participate in and make contributions to the Oklahoma 
Law Enforcement Retirement System as other participating employers 
and members of the System.  Such employees shall not make 
contributions to any plan offered by the Oklahoma Public Employees 
Retirement System, other than the Oklahoma State Employees Deferred 
Compensation Plan and the Oklahoma State Employees Deferred Savin gs 
Incentive Plan.  The Department shall be a participating employer in 
the Oklahoma Law Enforcement Retirement System for all Council on 
Law Enforcement Education and Training commissioned or CLEET -
certified agents who participate in the Oklahoma Law Enforcement 
Retirement System pursuant to the provisions of this section. 
SECTION 4.  If the emergency clause is not approved pursuant to 
the requirements of the Oklahoma Constitution as part of this 
measure, the effective date of Section 1 of this act shall be 
October 1, 2025.  RBH No. 10057 
 
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SECTION 5.  If the emergency clause is not approved pursuant to 
the requirements of the Oklahoma Constitution as part of this 
measure, the effective date of Sections 2 and 3 of this act shall be 
November 1, 2025. 
SECTION 6.  Except as otherwise provided by Section 4 of this 
act, Section 1 of this act shall be come effective immediately upon 
signature by the Governor or as otherwise provided by Section 58 of 
Article V of the Oklahoma Consti tution. 
SECTION 7.  Except as otherwise provided by Section 5 of this 
act, Sections 2 and 3 of this act shall become effective July 1, 
2025. 
SECTION 8.  It being immediately necessary for the preservation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage and approval. 
 
60-1-10057 CMA 12/04/24  
 
THOMAS E. CUMMINS  CONSULTING ACTUARY, INC. 
2512 E. 71
st  
Street ,  Suite D ∙  Tulsa, Oklahoma 74136                             
(918) 492-9658  ∙ (918) 492- 9659 
 
 
 
 
January 13, 2025 
 
 
 
Representative Hardin 
Room 250S  
 
 
Re: RBH No. 10057 
 
RBH No. 10057 would make new CLEET active commissioned agents and 
CLEET certified agents of Council on Law Enforcement Education and 
Training participants of the Oklahoma Law Enforcement Retirement 
System. 
 
This act also amends OPLAAA definition of non fiscal to include the 
above change. 
 
 
 
RBH No. 10057 is a  non fiscal bill as d efined by OPLAAA.  
 
I am a member of the American Academy of Actuaries and meet the 
Qualification Standards of the American Academy of Actuaries to 
render the actuarial opinion herein. 
 
 
Thomas E. Cummins 
 
Thomas E. Cummins, MAAA