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Oklahoma House Bill HB1237

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1237 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
3131
3232 HOUSE BILL 1237 By: Humphrey
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3737
3838 AS INTRODUCED
3939
4040 An Act relating to public retirement systems;
4141 amending 11 O.S. 2021, Section 49 -113.2, which
4242 relates to the Oklahoma Firefighters Pensi on and
4343 Retirement System; amending 11 O.S. 2021, Section 50 -
4444 115.2, which relates to the Oklahoma Police Pension
4545 and Retirement System; amending 20 O.S. 2021, Section
4646 1103E, which relates to the Uniform Retirement System
4747 for Justices and Judges; amending 47 O.S. 2021,
4848 Section 2-306.3, which relates to the Oklahoma Law
4949 Enforcement Retirement System; amending 70 O.S. 2021,
5050 Section 17-105, as amended by Section 4, Chapter 300,
5151 O.S.L. 2024 (70 O.S. Supp. 2024, Section 17 -105),
5252 which relates to the Teachers ' Retirement System of
5353 Oklahoma; amending 74 O.S. 2021, Section 916.1, which
5454 relates to the Oklahoma Public Employees Retirement
5555 System; modifying death benefit amount; and providing
5656 an effective date.
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6262 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
6363 SECTION 1. AMENDATORY 11 O.S. 2021, Section 49 -113.2, is
6464 amended to read as follows:
6565 Section 49-113.2. A. Upon the death of an active or retired
6666 member, the System shall pay to the surviving spouse of the member
6767 if the surviving spouse has been married to the firefighter for
6868 thirty (30) continuous months preceding the member 's death provided RBH No. 10046
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9595 a surviving spouse of a member who died while in, or as a
9696 consequence of, the performance of the member 's duty for a
9797 participating municipality shall not be subject to the marriage
9898 limitation for survivor benefit s, or if there is no surviving spouse
9999 or no surviving spouse meeting the requirements of this section, the
100100 System shall pay to the designated recipient or recipients of the
101101 member, or if there is no designated recipient or if the designated
102102 recipient predeceases the member, to the estate of the member, the
103103 sum of Four Thousand Dollars ($4,000.00) for those active or retired
104104 members who died prior to July 1, 1999. For those active or retired
105105 members who die on or after July 1, 1999 the effective date of thi s
106106 act, the sum shall be Five Thousand Dollars ($5,000.00) Ten Thousand
107107 Dollars ($10,000.00) .
108108 B. Upon the death of a member who dies leaving no living
109109 designated recipient or hav ing designated the member 's estate as
110110 recipient, the System may pay any applicable death benefit which may
111111 be subject to probate, in an amount of Five Thousand Dollars
112112 ($5,000.00) Ten Thousand Dollars ($10,000.00) , to the heir or heirs
113113 of the member withou t the intervention of a probate court or probate
114114 procedures.
115115 C. Before any applicable probate procedure may be waived, the
116116 System must be in receipt of the member 's proof of death and the
117117 following documents from those persons claiming to be the legal
118118 heirs of the deceased member: RBH No. 10046
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145145 1. The member's last will and testament if available;
146146 2. An affidavit or affidavits of heirship which must contain:
147147 a. the names and signatures of all claiming heirs to the
148148 deceased member's estate including the claiming heirs '
149149 names, relationship to the deceased member, current
150150 addresses and current tel ephone numbers,
151151 b. a statement or statements by the claiming heirs that
152152 no application or petition for the appointment of a
153153 personal representative is pending or has been granted
154154 in any jurisdiction,
155155 c. a statement that the value of the deceased member 's
156156 entire probate estate, less liens and encumbrances,
157157 does not exceed the dollar limit pursuant to Section
158158 393 of Title 58 of the Oklahoma Statutes, including
159159 the payment of benefit s from the System, and
160160 d. a statement by each individual claiming heir
161161 identifying the amount of personal property that the
162162 heir is claiming from the System or the amount the
163163 heir agrees to be paid to another person, and that the
164164 heir has been notified of, is aware of and consents to
165165 the identified claims of all the other claiming heirs
166166 of the deceased member pending with the System;
167167 3. A written agreement or agreements signed by all claiming
168168 heirs of the deceased member which provides that the claiming he irs RBH No. 10046
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195195 release, discharge and hold harmless the System from any and all
196196 liability, obligations and costs which it may incur as a result of
197197 making a payment to any of the deceased member 's heirs;
198198 4. A corroborating affidavit from an individual other than a
199199 claiming heir, who was familiar with the affairs of the deceased
200200 member; and
201201 5. Proof that funeral and burial expenses of the deceased
202202 member have been paid or provided for.
203203 D. The System shall retain complete discretion in determining
204204 which requests for p robate waiver may be granted or denied, for any
205205 reason. Should the System hav e any questions as to the validity of
206206 any document presented by the claiming heirs, or as to any statement
207207 or assertion contained therein, the probate requirements provided
208208 for in Section 1 et seq. of Title 58 of the Oklahoma Statutes shall
209209 not be waived.
210210 E. After paying any death benefits to any claiming heirs as
211211 provided pursuant to this section, the System is discharged and
212212 released from any and all liability, obligation and c osts to the
213213 same extent as if the System had paid a personal representative
214214 holding valid letters testamentary issued by a court of competent
215215 jurisdiction. The System is not required to inquire into the truth
216216 of any matter specified in this section or int o the payment of any
217217 estate tax liability. RBH No. 10046
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244244 F. The provisions of this section shall not be subject to
245245 qualified domestic orders as provided in subsection B of Section 49 -
246246 126 of this title.
247247 G. 1. For purposes of this section, if a person makes a
248248 qualified disclaimer with respect to the death benefit provided for
249249 in subsection A of this section, this section shall apply with
250250 respect to such death benefit as if the death benefit had never been
251251 transferred to such person.
252252 2. For purposes of this subsection, the term "qualified
253253 disclaimer" means an irrevocable and unqualified refusal by a
254254 person, including but not limited to the surviving spouse of the
255255 deceased member, to accept an interest in the death benefit provided
256256 for in subsection A of this section, but only if:
257257 a. such refusal is in writing,
258258 b. such writing is received by the Sy stem not later than
259259 the date which is nine (9) months after the date of
260260 death of the deceased member,
261261 c. such person has not accepted the death benefit
262262 provided for in subsection A of this section, and
263263 d. as a result of such refusal, the death benefit
264264 provided for in subsection A of this section passes
265265 without any direction on the part of the person making
266266 the disclaimer and passes first, to the organization
267267 providing funeral and burial services for the deceased RBH No. 10046
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294294 member or, if the cost of the funeral and bur ial
295295 services for the deceased member has already been
296296 paid, to the person or persons other than the person
297297 making the disclaimer as further provided for in this
298298 section.
299299 SECTION 2. AMENDATORY 11 O.S. 2021, Section 50 -115.2, is
300300 amended to read as follows:
301301 Section 50-115.2. Upon the death of an active or retired
302302 member, the Oklahoma Police Pension and Retirement System shall pay
303303 to the beneficiary of the m ember under paragraph 13 of Section 50 -
304304 101 of this title or if there is no suc h beneficiary or if such
305305 beneficiary predeceases the member, to the member 's estate or, if
306306 properly designated by the member, to a trust, the sum of Four
307307 Thousand Dollars ($4,000 .00) as a death benefit for those active or
308308 retired members who died prior to July 1, 1999. For those active or
309309 retired members who die on or after July 1, 1999 the effective date
310310 of this act, the sum shall be Five Thousand Dollars ($5,000.00) Ten
311311 Thousand Dollars ($10,000.00) .
312312 SECTION 3. AMENDATORY 20 O.S . 2021, Section 1103E, is
313313 amended to read as follows:
314314 Section 1103E. Upon the death of a retired member, the Uniform
315315 Retirement System for Justices and Judges shall pay to the
316316 beneficiary of the member or if there is no beneficiary or if the
317317 beneficiary predeceases the member, to the estate of the member, the RBH No. 10046
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344344 sum of Four Thousand Dollars ($4,000.00) as a death benefit for
345345 those retired members who died prior to July 1, 1999. For those
346346 retired members who die on or after July 1, 1999 the effective date
347347 of this act, the sum shall be Five Thousand Dollars ($5,000.00) Ten
348348 Thousand Dollars ($10,000.00) . The benefit payable pursuant to this
349349 section shall be deemed, for purposes of fed eral income taxation, as
350350 life insurance proceeds and not as a death benefit if the Internal
351351 Revenue Service approves this provision pursuant to a private letter
352352 ruling request which shall be submitted by the board of trustees of
353353 the System for that purpose .
354354 SECTION 4. AMENDATORY 47 O.S. 2021, Section 2 -306.3, is
355355 amended to read as follows:
356356 Section 2-306.3. Upon the death of an active or retired member,
357357 the Oklahoma Law Enforcement Retirement System shall pay to the
358358 designated beneficiary of the member as defined in paragraph 17 of
359359 Section 2-300 of this title or if there is no such designated
360360 beneficiary or if such designated beneficiary predeceases the
361361 member, to the estate of the member, the sum of Four Thousand
362362 Dollars ($4,000.00) as a death benefit for those active or retired
363363 members who died prior to Jul y 1, 1999. For those active or retired
364364 members who die on or after July 1, 1999 the effective date of this
365365 act, the sum shall be Five Thousand Dollars ($5,000.00) Ten Thousand
366366 Dollars ($10,000.00). RBH No. 10046
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393393 SECTION 5. AMENDATORY 70 O.S. 2021, Section 17 -105, as
394394 amended by Section 4, Chapter 300, O.S.L. 2024 (70 O.S. Supp. 2024,
395395 Section 17-105), is amended to read as follows:
396396 Section 17-105. A. 1. Any member wh o has attained age fifty -
397397 five (55) or who has completed thirty (30) years of c reditable
398398 service, as defined in Section 17 -101 of this title, or for any
399399 person who initially became a member prior to July 1, 1992,
400400 regardless of whether there were breaks in s ervice after July 1,
401401 1992, whose age and number of years of creditable service total
402402 eighty (80) may be retired upon proper application for retirement as
403403 established by the Teachers’ Retirement System of Oklahoma. Such a
404404 retirement date will also apply to any person who became a member of
405405 the sending system as defined in Section 17 -116.2 of this title,
406406 prior to July 1, 1992, regardless of whether there were breaks in
407407 service after July 1, 1992. Any person who became a member after
408408 June 30, 1992, but prior to November 1, 2011, whose age and number
409409 of years of creditable service total ninety (90) may be retired upon
410410 proper application for retirement as established by the System. Any
411411 person who becomes a member on or after November 1, 2011, who
412412 attains the age of sixty-five (65) years or who reaches a normal
413413 retirement date pursuant t o subparagraph d of paragraph 22 of
414414 Section 17-101 of this title having attained a minimum age of sixty
415415 (60) years may be retired upon proper application for retirement as RBH No. 10046
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442442 established by the System. The application shall be filed with the
443443 System in a manner required by the Board of Trustees.
444444 2. The employer shall provide the System with the following
445445 information for a retiring member, no later than the fifteenth day
446446 of the month of retirement: last day physically on the job; last
447447 day on payroll; any regu lar compensation not already reported to the
448448 System; and final unused sick leave balance.
449449 3. Failure to submit this information by the deadline, or
450450 errors in submitted informati on that result in a disqualification of
451451 retirement eligibility, shall be the responsibility of the employer.
452452 In cases where the error results in disqualification of retirement
453453 eligibility, it is the employer’s responsibility to reemploy the
454454 member, or retain the member on the payroll, for the time period
455455 required to reach eligibili ty, not exceeding two (2) months.
456456 B. An individual who becomes a member of the Teachers’
457457 Retirement System of Oklahoma after July 1, 1967, through October
458458 31, 2017, shall be emp loyed by the public schools, state colleges,
459459 or universities of Oklahoma for a minimum of five (5) years and be a
460460 contributing member of the Teachers’ Retirement System of Oklahoma
461461 for a minimum of five (5) years to qualify for monthly retirement
462462 benefits from the Teachers’ Retirement System of Oklahoma.
463463 An individual who becomes a member of the Teachers’ Retirement
464464 System of Oklahoma on or after November 1, 2017, shall be employed
465465 by the public schools, state colleges or universities of Oklahoma RBH No. 10046
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492492 for a minimum of seven (7) years and be a contributing member of the
493493 Teachers’ Retirement System of Oklahoma for a minimum of seven (7)
494494 years to qualify for monthly retirement benefits from the Teachers’
495495 Retirement System of Oklahoma.
496496 C. Individuals becoming member s after July 1, 1967, through
497497 October 31, 2017, with five (5) or more years of Oklahoma service
498498 and whose accumulated contributions during such period have not been
499499 withdrawn shall be given an indefinite extension of membership
500500 beginning with the sixth yea r following the member’s last
501501 contributing membership.
502502 Individuals becoming members on or after November 1, 2017, with
503503 seven (7) or more years of Oklahoma service and whose accumulated
504504 contributions during such period have not been withdrawn shall be
505505 given an indefinite extension of membership beginning with the
506506 eighth year followin g the member’s last contributing membership.
507507 D. Nonclassified optional personnel who have retired or who
508508 retire at sixty-two (62) years of age or older or whose retirement
509509 is because of disability shall have minimum retirement benefits
510510 calculated on an average salary of Five Thousand Three Hundred Fifty
511511 Dollars ($5,350.00) or, if a larger monthly allowance would result,
512512 an amount arrived at pursuant to application of the formula
513513 prescribed herein.
514514 E. No member shall receive a lesser retirement benefit tha n the
515515 member would have received under the law in effect at the time the RBH No. 10046
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542542 member retired. Any individual under the Teachers’ Retirement
543543 System of Oklahoma, who through error in s tating the title of the
544544 position which the member held, may, at the discretion of the Board
545545 of Trustees, be changed from the nonclassified optional group to the
546546 classified group for the purpose of calculating retirement benefits.
547547 F. The value of each year of prior service is the total monthly
548548 retirement benefit divided by the numbe r of years of creditable
549549 service.
550550 G. Upon application of a member who is actively engaged in
551551 teaching in Oklahoma or upon application of the member’s employer,
552552 any member who has been a contributing member for ten (10) years may
553553 be retired by the System subsequent to the execution and filing
554554 thereof, on a disability retirement allowance, provided that it is
555555 found by the Medical Board after medical examination of such member
556556 by a duly qualified physician that such member is mentally or
557557 physically incapacita ted for further performance of duty, that such
558558 incapacity is likely to be permanent, and that such member should be
559559 retired. The System shall rely on and give full consideration to
560560 the conclusions and recommendations in the certified written report
561561 of the Medical Board of the Teachers’ Retirement System of Oklahoma
562562 regarding the disability application of such member. If the Medical
563563 Board does not find that a member applying for disability retirement
564564 is mentally or physically incapacitated for performance of duty or
565565 otherwise eligible for a disability retirement, the application RBH No. 10046
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592592 shall then be considered by the Board of Trustees. If a member is
593593 determined to be eligible for disabi lity benefits pursuant to the
594594 Social Security System, then such determination shall entitle the
595595 member to the authorized disability retirement benefits provided by
596596 law. For members who are not eligible for disability benefits
597597 pursuant to the Social Securi ty Administration, the Board of
598598 Trustees and the Medical Board shall apply the same standard for
599599 which provision is made in the first two sentences of this
600600 subsection for determining the eligibility of a person for such
601601 disability benefits in making a dete rmination of eligibility for
602602 disability benefits as authorized by this subsection.
603603 H. 1. A member who at the time of retirement has been found to
604604 be permanently physically or mentally incapacitated to perform the
605605 necessary duties to continue in the membe r’s current position shall
606606 receive a minimum monthly retirement payment for li fe or until such
607607 time as the member may be found to be recovered to the point where
608608 the member may return to teaching. Any member retired before July
609609 1, 1992, shall be eligible to receive the monthly retirement benefit
610610 herein provided, but such payment shall not begin until the first
611611 payment due to the member after July 1, 1992, and shall not be
612612 retroactive. The Board of Trustees is empowered to make such rules
613613 and regulations as it considers proper to preserve equity in
614614 retirements under this provision, which shall include a provision to
615615 protect the rights of the member’s spouse. RBH No. 10046
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642642 2. A member who has qualified for retirement benefits under
643643 disability retirement shall have the to tal monthly payment deducted
644644 from the member’s accumulated contributions plus interest earned and
645645 any money remaining in the member’s account after the above
646646 deductions at the death of the member shall be paid in a lump sum to
647647 the beneficiary or to the est ate of the member. Provided, if the
648648 deceased disabled member had thirty (30) years or more of creditable
649649 service and the death occurred after June 30, 1981, and death
650650 occurred prior to the disabled member receiving twelve monthly
651651 retirement payments, a su rviving spouse may elect to receive the
652652 retirement benefit to which the deceased member would have been
653653 entitled at the time of death under the Option 2 Plan of Retirement
654654 provided for in paragraph 2 of subsection K of this section in lieu
655655 of the death benefit provided for in this paragraph and in
656656 subsection Q of this section.
657657 3. Once each year the System may require any disabled annuitant
658658 who has not yet attained the age of sixty (60) years to undergo a
659659 medical examination, such examination to be made at the place of
660660 residence for the disabled annuitant or other place mutually agreed
661661 upon by a physician or physicians designated by the System. Should
662662 any disabled annuitant who has not yet attained the age of sixty
663663 (60) years refuse to submit to at least on e medical examination in
664664 any such year by a physician or physicians designated by the System, RBH No. 10046
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691691 the member’s benefits may be discontinued until the member submits
692692 to such examination.
693693 4. Should the Medical Board report and certify to the Board of
694694 Trustees that such disabled annuitant is engaged in or is able to
695695 engage in a gainful occupation paying more than the difference
696696 between the member’s average final compensation and the annual
697697 benefit amount, and should the Board of Trustees concur in such
698698 report, then the amount of the member’s annual benefit shall be
699699 reduced to an amount whi ch, added to the member’s earnings from a
700700 gainful occupation, shall equal the amount of the member’s average
701701 final compensation. Should the member’s earning capacity be later
702702 increased, the amount of the member’s annual benefit may be further
703703 reduced.
704704 5. Should a disabled annuitant be restored to active service,
705705 the member’s disability retirement benefit shall cease and the
706706 member shall again become an active member of the Teach ers’
707707 Retirement System of Oklahoma and shall make regular contributions
708708 as required under this article. The unused portion of the member’s
709709 accumulated contributions shall be reestablished to the member’s
710710 credit in the Teachers’ Savings Fund. Any such pri or service
711711 certificates on the basis of which the member’s service was computed
712712 at the time of the member’s retirement shall be restored to full
713713 force and effect. RBH No. 10046
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740740 I. Should a member before retirement under Section 17 -101 et
741741 seq. of this title make applica tion for withdrawal duly filed with
742742 the System, not earlier than four (4) mont hs after the date of
743743 termination of employment with a participating employer within the
744744 System, the contribution standing to the credit of the member’s
745745 individual account in the Teachers’ Savings Fund shall be paid to
746746 the member or, in the event of the member’s death before retirement,
747747 shall be paid to such person or persons as the member shall have
748748 designated in a manner required by the Board of Trustees and filed
749749 with the System; provided, however, if there is no designated
750750 beneficiary surviving upon such death, such contributions shall be
751751 paid to the member’s administrators, executors, or assigns, together
752752 with interest as hereinafter provided. Provided further, if there
753753 is no designated beneficiary surviving upon such death, and the
754754 contributions standing to the credit of such member do not exceed
755755 Two Hundred Dollars ($200.00), no part of such contributions shall
756756 be subject to the payment of any expense of the last illness or
757757 funeral of the deceased member or any expense of administration of
758758 the estate of such deceased and the System, upon satisfactory proof
759759 of the death of such member and of the name or names of the person
760760 or persons who would be entitled to receive such contri butions under
761761 the laws of descent and distribution of the state, may authorize the
762762 payment of accumulated contributions to such person or persons. A
763763 member terminating membership by withdrawal after June 30, 2003, RBH No. 10046
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790790 shall have the interest computed at a rat e of interest determined by
791791 the Board of Trustees and paid to the member subje ct to the
792792 following schedule:
793793 1. If termination occurs within sixteen (16) years from the
794794 date membership began, fifty percent (50%) of such interest
795795 accumulations shall be paid ;
796796 2. With at least sixteen (16) but less than twenty -one (21)
797797 years of membership, sixty percent (60%) of such interest
798798 accumulations shall be paid;
799799 3. With at least twenty -one (21) but less than twenty -six (26)
800800 years of membership, seventy -five percent (75%) of such interest
801801 accumulations shall be paid; and
802802 4. With at least twen ty-six (26) years of membership, ninety
803803 percent (90%) of such interest accumulations shall be paid.
804804 In case of death of an active member, the interest shall be
805805 calculated and restored to the member’s account and paid to the
806806 member’s beneficiary.
807807 J. 1. In lieu of the Maximum Retirement Allowance payable
808808 throughout life for such an amount as determined under this section,
809809 the member may select a retirement allowance for a reduced amount
810810 payable under any of the options listed in subsection K of this
811811 section the present value of which is the actuarial equivalent
812812 thereof. RBH No. 10046
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839839 2. The first payment of any benefit selected shall be made on
840840 the first day of the month following approval of t he retirement by
841841 the System. If the named joint annuitant under Option 2 or 3 dies
842842 at any time after the member’s retirement date, but before the death
843843 of the member, the member shall return to the Maximum Plan of
844844 Retirement, including any post -retirement benefit increases the
845845 member would have received had the member not selected Option 2 or 3
846846 pursuant to paragraph 2 or 3 of subsection K of this section. The
847847 retirement allowance shall be determined at the date of death of the
848848 joint annuitant. This incre ase shall become effective the first day
849849 of the month following the date of death of the joint annuitant, and
850850 shall be payable for the member’s remaining lifetime. The member
851851 shall notify the Teachers’ Retirement System of Oklahoma of the
852852 death of the joint annuitant by providing a copy of the joint
853853 annuitant’s death certificate. In the absence of the death
854854 certificate being filed by the member notifying the Teachers’
855855 Retirement System of Oklahoma of the death of the joint annuitant
856856 within six (6) months of the date of death, nothing in this
857857 subsection shall require the Teachers’ Retirement System of Oklahoma
858858 to pay more than six (6) months of retrospective benefits increase.
859859 K. 1. Option 1. A member takes a slightly reduced retirement
860860 allowance for life. If the member dies before receiving in annuity
861861 payments the present value of the member’s annuity as it was at the
862862 time of retirement, the balance shall be paid to the member’s RBH No. 10046
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889889 beneficiary by designation filed with the System prior to the
890890 member’s death.
891891 2. Option 2. A member takes a reduced retirement allowance for
892892 life. Upon the death of the member the payments shall continue to
893893 the member’s joint annuitant for the life of the joint annuitant.
894894 The designation of the joint annuitant must be filed w ith the System
895895 at the time of the member’s retirement and, except as provided in
896896 paragraph 2 of subsection J of this section, cannot be changed after
897897 the effective date of the member’s retirement.
898898 3. Option 3. A member receives a reduced retirement allow ance
899899 for life. Upon the death of the member one -half (1/2) of the
900900 retirement allowance paid the member shall be continued throughout
901901 the life of the member’s joint annuitant. A designation of a joint
902902 annuitant must be filed with the System at the time of the member’s
903903 retirement and, except as provided in paragraph 2 of subsection J of
904904 this section, cannot be changed after the effective date of the
905905 member’s retirement.
906906 4. Option 4. Provided, the System may establish other
907907 retirement options if certified by the actuary to be of equivalent
908908 actuarial value to the member’s retirement allowance. Other
909909 retirement options shall be presented to the Board of Trustees for
910910 approval at its discretion. Such other benefit or benefits shall be
911911 paid either to the membe r or, if applicable, to such joint annuitant
912912 as the member shall nominate. RBH No. 10046
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939939 L. Provided, the options listed in paragraphs 2 and 3 of
940940 subsection K of this section shall not be available if the member’s
941941 expected benefit is less than fifty percent (50%) of th e lump-sum
942942 actuarial equivalent and the joint annuitant is not the spouse of
943943 the member.
944944 M. 1. A member who chose the Maximum Plan of Retirement at the
945945 time of retirement may make a one -time election to choose either
946946 Option 2 or 3 as prescribed in paragr aph 2 or 3 of subsection K of
947947 this section and name the member’s spouse as joi nt annuitant if the
948948 member marries after making the initial election. Such an election
949949 shall be made within one (1) year of the date of marriage. The
950950 member shall provide proof of a member’s good health before the
951951 System will permit a change to either Option 2 or 3 as prescribed in
952952 paragraphs 2 and 3 of subsection K of this section and the naming of
953953 a joint annuitant. A medical examination conducted by a licensed
954954 physician is required for purposes of determining good health. Such
955955 examination must be app roved by the Medical Board. The member shall
956956 be required to provide proof of age for the new joint annuitant.
957957 The System shall adjust the retirement allowance to the actuariall y
958958 equivalent amount based on the new joint annuitant’s age. The Board
959959 of Trustees shall promulgate rules to implement the provisions of
960960 this subsection.
961961 2. A member who retires after July 1, 2010, and has selected a
962962 retirement allowance for a reduced amo unt payable under one of the RBH No. 10046
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989989 options provided for in subsection K of this sect ion may make a one-
990990 time irrevocable election to select a different option within sixty
991991 (60) days of the member’s retirement date. The beneficiary or joint
992992 annuitant designated b y the member at the time of retirement shall
993993 not be changed if the member makes the election provided for in this
994994 paragraph.
995995 3. Any individual who is eligible to be a beneficiary or joint
996996 annuitant of a member under subsection J of this section, and who i s
997997 also a beneficiary of a trust created under the Oklahoma
998998 Discretionary and Special Needs Trust Act, Section 175.81 et seq. of
999999 Title 60 of the Oklahoma Statutes, or a comparable Trust Act created
10001000 under the laws of another state, hereinafter collectively r eferred
10011001 to as “Trust Acts”, may be a beneficiary or joint annuitant under
10021002 subsection J of this section by having the trustee of the trust
10031003 established for the benefit of that individual named as the legal
10041004 beneficiary or joint annuitant under subsection J of this section.
10051005 The age of that beneficiary shall be used for calculating any
10061006 benefit payable to the trust under subsection J of this section.
10071007 The beneficiary of such a trust shall be treated as the beneficiary
10081008 or joint annuitant under subsection J of thi s section except that
10091009 payments of any benefits due under subsection J of this section
10101010 shall be payable to the lawfully appointed trustee of the trust.
10111011 The obligation of the System to pay the beneficiary or joint
10121012 annuitant under subsection J of this sectio n shall be satisfied by RBH No. 10046
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10391039 payment to the trustee whom the System, in good faith, believes to
10401040 be the lawfully appointed trustee. Any conflict between the
10411041 statutes creating and governing the Teachers’ Retirement System of
10421042 Oklahoma in Section 17 -101 et seq. of this title and the provisions
10431043 of any Trust Act referred to above shall be resolved in favor of the
10441044 statutes governing the System. If an eligible beneficiary or joint
10451045 annuitant is named at the time of retirement, and becomes a
10461046 beneficiary of a trust under one of the Trust Acts described herein
10471047 after that time, the System will ackno wledge the trust as the
10481048 beneficiary upon the submission of adequate documentation of the
10491049 existence of the trust. All other provisions of subsection J of
10501050 this section shall apply to these subsequently created trusts.
10511051 4. The Board of Trustees of the System may recognize other
10521052 trusts set up for the benefit of individuals otherwise eligible to
10531053 be named as a beneficiary or joint annuitant under subsection J of
10541054 this section by adminis trative rule if it can be done without undue
10551055 additional administrative expense of the System.
10561056 N. The governing board of any public school, as that term is
10571057 defined in Section 17 -101 of this title, is hereby authorized and
10581058 empowered to pay additional retire ment allowances or compensation to
10591059 any person who was in the employ of such public school for not less
10601060 than seven (7) school years preceding the date of the member’s
10611061 retirement. Payments so made shall be a proper charge against the
10621062 current appropriation o r appropriations of any such public school RBH No. 10046
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10891089 for salaries for the fiscal year in which such payments are made.
10901090 Such payments shall be made in regular monthly installments in such
10911091 amounts as the governing board of any such public school, in its
10921092 judgment, shall determine to be reasonable and appropriate in view
10931093 of the length and type of service rendered by any such person to
10941094 such public school by which such person was employed at the time of
10951095 retirement. All such additional payments shall be uniform, based
10961096 upon the length of service and the type of services performed, to
10971097 persons formerly employed by such public school who have retired or
10981098 been retired in accordance with the provisions of Section 17 -101 et
10991099 seq. of this title.
11001100 The governing board of any such publi c school may adopt rules
11011101 and regulations of general application outlining the terms and
11021102 conditions under which such additional retirement benefits shall be
11031103 paid, and all decisions of such board shall be final.
11041104 O. In addition to the teachers’ retirement he rein provided,
11051105 teachers may voluntarily avail themselves of the federal Social
11061106 Security program upon a district basis.
11071107 P. Upon the death of an in -service member, the System shall pay
11081108 to the designated beneficiary of the member or, if there is no
11091109 designated beneficiary or if the designated beneficiary predeceases
11101110 the member, to the estate of the member, the sum of Eighteen
11111111 Thousand Dollars ($18,000.00) as a death benefit. Provided, if the
11121112 deceased member had ten (10) years or more of creditable service, RBH No. 10046
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11391139 the member’s designated beneficiary may elect to receive the
11401140 retirement benefit to which the deceased member would have been
11411141 entitled at the time of death under the Option 2 plan of retirement
11421142 in lieu of the death benefit provided for in this subsection.
11431143 Provided further, the option provided in this subsection is only
11441144 available when the member has designated one individual as the
11451145 designated beneficiary. The beneficiary or beneficiaries of death
11461146 benefits in the amount not to exceed Eighteen Thousand Dollars
11471147 ($18,000.00), but exclusive of any retirement benefit received by an
11481148 electing beneficiary based upon creditable service performed by the
11491149 deceased member, which are provided pursuant to this subsection, may
11501150 elect to disclaim such death benefits in which cas e such benefits
11511151 will be transferred to a person licensed as a funeral director or to
11521152 a lawfully recognized business entity licensed as required by law to
11531153 provide funeral services for the deceased member. The qualified
11541154 disclaimer must be in writing and wil l be an irrevocable and an
11551155 unqualified refusal to accept all or a portion of t he death benefit.
11561156 It must be received by the transferor no more than nine (9) months
11571157 after the later of the day the transfer creating the interest in the
11581158 disclaiming person is m ade or the day the disclaiming person attains
11591159 age twenty-one (21). The interest in the death benefits must pass
11601160 without direction by the disclaiming person to another person.
11611161 After paying death benefits to any beneficiary or the member’s
11621162 estate pursuant to this subsection, the System is discharged and RBH No. 10046
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11891189 released from any and all lia bility, obligation, and costs. The
11901190 System is not required to inquire into the truth of any matter
11911191 specified in this subsection or into the payment of any estate tax
11921192 liability.
11931193 Q. Upon the death of a retired member who has contributed to
11941194 the System, the retirement system shall pay to the designated
11951195 beneficiary of the member or, if there is no designated beneficiary
11961196 or if the designated beneficiary predeceases the member, to the
11971197 estate of the member, the sum of Five Thousand Dollars ($5,000.00)
11981198 Ten Thousand Dollars ($10,000.00) as a death benefit. The
11991199 beneficiary or beneficiaries of benefits provided pursuant to this
12001200 subsection may elect to disclaim such death benefits in which ca se
12011201 such benefits will be transferred to a person licensed as a funeral
12021202 director or to a lawfully recognized business entity licensed as
12031203 required by law to provide funeral services for the deceased member.
12041204 The qualified disclaimer must be in writing and wi ll be an
12051205 irrevocable and an unqualified refusal to accept all or a portion of
12061206 the death benefit. It must be received by the transferor no more
12071207 than nine (9) months after the later of the day the transfer
12081208 creating the interest in the disclaiming person is made or the day
12091209 the disclaiming person attains age twenty -one (21). The interest in
12101210 the death benefits must pass without direction by the disclaiming
12111211 person to another person. The benefit payable pursuant to this
12121212 subsection shall be deemed, for purposes of federal income taxation, RBH No. 10046
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12391239 as life insurance proceeds and not as a death bene fit if the
12401240 Internal Revenue Service approves this provision pursuant to a
12411241 private letter ruling request which shall be submitted by the Board
12421242 of Trustees of the System for that p urpose. After paying death
12431243 benefits to any beneficiary or the member’s estate pursuant to this
12441244 subsection, the System is discharged and released from any and all
12451245 liability, obligation, and costs. The System is not required to
12461246 inquire into the truth of an y matter specified in this subsection or
12471247 into the payment of any estate tax li ability.
12481248 R. Upon the death of a member who dies leaving no living
12491249 beneficiary or having designated the member’s estate as beneficiary,
12501250 or upon the death of any individual who ma y be entitled to a benefit
12511251 from the System, the System may pay any applicable death benefit,
12521252 unpaid contributions, or unpaid benefit which may be subject to
12531253 probate, in an amount of Twenty -five Thousand Dollars ($25,000.00)
12541254 or less, without the interventio n of the probate court or probate
12551255 procedure pursuant to Section 1 et seq. of T itle 58 of the Oklahoma
12561256 Statutes.
12571257 1. Before any applicable probate procedure may be waived, the
12581258 System must be in receipt of the decedent’s death certificate and
12591259 the following documents from those persons claiming to be the legal
12601260 heirs of the deceased member:
12611261 a. the decedent’s valid last will and testament, trust
12621262 documents or affidavit that a will does not exist, RBH No. 10046
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12891289 b. an affidavit or affidavits of heirship which must
12901290 state:
12911291 (1) the names and signatures of all claiming heirs to
12921292 the decedent’s estate including the claiming
12931293 heirs’ names, relationship to the deceased,
12941294 current addresses, tax ID numbers if known and
12951295 current telephone numbers,
12961296 (2) a statement or statements by the claiming heirs
12971297 that no application or petition for the
12981298 appointment of a personal representative is
12991299 pending or has been granted in any jurisdiction,
13001300 (3) a description of the personal property claimed,
13011301 (i.e., death benefit or unpaid contributions or
13021302 both) together with a statement that such
13031303 personal property is subject to probate,
13041304 (4) a statement by each individual claiming heir
13051305 identifying the amount of personal property that
13061306 the heir is claiming from the System, and that
13071307 the heir has been notified of, is aware of an d
13081308 consents to the identified claims of all the
13091309 other claiming heirs of the decedent pending with
13101310 the System, and
13111311 (5) a statement by each individual claiming heir
13121312 affirming that all debts of the decedent, RBH No. 10046
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13391339 including payment of last sickness, hospital,
13401340 medical, death, funeral, and burial expenses have
13411341 been paid or provided for,
13421342 c. a written agreement or agreements signed by all
13431343 claiming heirs of the decedent which provide that the
13441344 claiming heirs release, discharge and hold harmless
13451345 the System from any and all liability, obligations and
13461346 costs which it may incur as a result of making a
13471347 payment to any of the decedent’s heirs, and
13481348 d. a corroborating affidavit from an individual other
13491349 than a claiming heir, who was familiar with the
13501350 affairs of the decedent.
13511351 2. The Executive Director of the System shall retain complete
13521352 discretion in determinin g which requests for probate waiver may be
13531353 granted or denied, for any reason. Should the System have any
13541354 question as to the validity of any document presented by the
13551355 claiming heirs, or as to any statement or assertion contained
13561356 therein, the probate requirement provided for in Section 1 et seq.
13571357 of Title 58 of the Oklahoma Statutes shall not be waived.
13581358 3. After paying any death benefits or unpaid contributions to
13591359 any claiming heirs as provided pursuant to this subsection, the
13601360 System is discharged and releas ed from any and all liability,
13611361 obligation and costs to the same extent as if the System had dealt
13621362 with a personal representative of the decedent. The System is not RBH No. 10046
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13891389 required to inquire into the truth of any matter specified in this
13901390 subsection or into the payment of any estate tax liability.
13911391 S. Upon the death of a retired member, the benefit payment for
13921392 the month in which the retired member died, if not previously paid,
13931393 shall be made to the joint annuitant if still living, to the
13941394 beneficiary of the member i f the joint annuitant is deceased, or to
13951395 the member’s estate if there is no surviving joint annuitant or
13961396 beneficiary. Such benefit payment shall be made in an amount equal
13971397 to a full monthly benefit payment regardless of the day of the month
13981398 in which the retired member died. Upon the death of a joint
13991399 annuitant receiving monthly benefit payments as prescribed herein,
14001400 the benefit payment for the month in which the joint annuitant d ied,
14011401 if not previously paid, shall be made to the joint annuitant’s
14021402 estate in an amount equal to the full monthly benefit payment
14031403 regardless of the day of the month on which the joint annuitant
14041404 died.
14051405 T. The Board of Trustees may adopt such other rules and
14061406 regulations as are necessary to administer the benefits enumerated
14071407 herein.
14081408 SECTION 6. AMENDATORY 74 O.S. 2021, Section 916.1, is
14091409 amended to read as follows:
14101410 Section 916.1. A. Upon the death of a retired member, the
14111411 Oklahoma Public Employees Retirement System shall pay to the
14121412 beneficiary of the member or if there is no beneficiary or if the RBH No. 10046
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14391439 beneficiary predeceases the member, to the estate of the member, the
14401440 sum of Four Thousand Dollars ($4,000.00) as a death benefit for
14411441 those retired members who died prior to July 1, 1999. For those
14421442 retired members who died on or after July 1, 1999 the effective date
14431443 of this act, the sum shall be Five Thousand Dollars ($5,000.00) Ten
14441444 Thousand Dollars ($10,000.00) . The benefit payable pursuant t o this
14451445 subsection shall be deemed, for purposes of federal income taxation,
14461446 as life insurance proceeds and not as a death benefit if the
14471447 Internal Revenue Service approves this provision pursuant to a
14481448 private letter ruling request which shall be submitted b y the board
14491449 of trustees of the System for that purpose.
14501450 B. Upon the death of a member who dies leaving no living
14511451 beneficiary or having designated his estate as beneficiary, the
14521452 System may pay any applicable death benefit, unpaid contributions,
14531453 or unpaid benefit which may be subject to probate, in an amount of
14541454 Twenty-five Thousand Dollars ($25,000.00) or less, without the
14551455 intervention of the probate court or probate procedure pursuant to
14561456 Section 1 et seq. of Title 58 of the Oklahoma Statutes.
14571457 1. Before any applicable probate procedure may be waived, the
14581458 System must be in receipt of the member 's proof of death and the
14591459 following documents from those persons claiming to be the legal
14601460 heirs of the deceased member:
14611461 a. the member's valid last will and testament, t rust
14621462 documents or affidavit that a will does not exist, RBH No. 10046
14631463
14641464 Req. No. 10046 Page 30 1
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14891489 b. an affidavit or affidavits of heirship which must
14901490 state:
14911491 (1) the names and signatures of all claiming heirs to
14921492 the deceased member's estate including the
14931493 claiming heirs' names, relationship to the
14941494 deceased, current addresses and current telephone
14951495 numbers,
14961496 (2) a statement or statements by the claiming heirs
14971497 that no application or petition for the
14981498 appointment of a personal representative is
14991499 pending or has been granted in any jurisdiction,
15001500 (3) a description of the personal property claimed
15011501 (i.e., death benefit or unpaid contribu tions or
15021502 both), together with a statement that such
15031503 personal property is subject to probate, and
15041504 (4) a statement by each individual claiming heir
15051505 identifying the amount of person al property that
15061506 the heir is claiming from the System, and that
15071507 the heir has been notified of, is aware of and
15081508 consents to the identified claims of all the
15091509 other claiming heirs of the deceased member
15101510 pending with the System,
15111511 c. a written agreement or agree ments signed by all
15121512 claiming heirs of the deceased member which provides RBH No. 10046
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15391539 that the claiming heirs release, discharge and hold
15401540 harmless the System from any and all liability,
15411541 obligations and costs which it may incur as a result
15421542 of making a payment to any of the deceased member's
15431543 heirs,
15441544 d. a corroborating affidavit from an individual other
15451545 than a claiming heir, who was familiar with the
15461546 affairs of the deceased member, and
15471547 e. proof that all debts of the deceased member, including
15481548 payment of last sickness, hospi tal, medical, death,
15491549 funeral and burial expenses have been paid or provided
15501550 for.
15511551 2. The Executive Director of the System shall retain complete
15521552 discretion in determining which requests for probate waiver may be
15531553 granted or denied, for any reason. Should th e System have any
15541554 question as to the validity of any document presented by the
15551555 claiming heirs, or as to any statement or assertion contained
15561556 therein, the probate requirement provided for in Section 1 et seq.
15571557 of Title 58 of the Oklahoma Statutes shall not b e waived.
15581558 3. After paying any death benefits or unpaid contributions to
15591559 any claiming heirs as provided pursuant to this subsection, the
15601560 System is discharged and released from any and all liability,
15611561 obligation and costs to the same extent as if the System had dealt
15621562 with a personal representative of the deceased member. The System RBH No. 10046
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15891589 is not required to inquire into the truth of any matter specified in
15901590 this subsection or into the payment of any estate tax liability.
15911591 C. Death benefits provided pursuant to this section may be
15921592 assigned by the beneficiary to a person licensed as a funeral
15931593 director or to a lawfully recognized business entity licensed as
15941594 required by law to provide funeral services for the deceased member.
15951595 SECTION 7. This act shall be come effective November 1, 2025.
15961596
15971597 60-1-10046 CMA 01/02/25
15981598
15991599 THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
16001600 2512 E. 71
16011601 st
16021602 Street , Suite D ∙ Tulsa, Oklahoma 74136
16031603 (918) 492-9658 ∙ (918) 492- 9659
16041604
16051605
16061606
16071607
16081608 January 13, 2025
16091609
16101610
16111611
16121612 Representative Humphrey
16131613 Room 301S
16141614
16151615
16161616 Re: RBH No. 10046
16171617
16181618 RBH No. 10046 increases the death benefit for retired participants
16191619 of all the State’s retirement systems to $10,000 from $5,000.
16201620
16211621
16221622
16231623 RBH No. 10046 is a fiscal bill as defined by OPLAAA.
16241624
16251625 I am a member of the American Academy of Actuaries and meet the
16261626 Qualification Standards of the American Academy of Actuaries to
16271627 render the actuarial opinion herein.
16281628
16291629
16301630 Thomas E. Cummins
16311631
16321632 Thomas E. Cummins, MAAA
16331633
16341634