RBH No. 10057 Req. No. 10057 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 Req. No. 10057 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 Req. No. 10057 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 401(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 Req. No. 10057 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 10057 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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