RBH No. 11255
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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1245 By: Strom
AS INTRODUCED
An Act relating to retirement; amending 74 O.S. 2021,
Sections 902, as last amended by Section 1, Chapter
280, O.S.L. 2024 (74 O.S. Supp. 2024, Section 902),
915, as amended by Section 2, Chapter 280, O.S.L.
2024 (74 O.S. Supp. 2024, Section 915), 916.3, as
amended by Section 3, Chapter 280, O.S.L. 2024 (74
O.S. Supp. 2024, Section 916.3), 919.1, as amended by
Section 4, Chapter 280, O.S.L. 2024 (74 O.S. Supp.
2024, Section 919.1), and 935.2, which relate to the
Oklahoma Public Employees Retirement System; defining
term; modifying term; providing retirement benefit
computation for certain members; modifying who shall
receive monthly pension; updating references;
modifying employee contributions for certain
employees; providing an effective date; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2 021, Section 902, as last
amended by Section 1, Chapter 280, O.S.L. 2024 (74 O .S. Supp. 2024,
Section 902), is amended to read as follows:
Section 902. As used in Section 901 et seq. of this title:
(1) "System" means the Oklahoma Public Employees Retirem ent
System as established by Section 901 et seq. of this title and as it
may hereafter be amended; RBH No. 11255
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(2) "Accumulated contributions " means the sum of all
contributions by a member to the System which shall be credited to
the member's account;
(3) "Act" means Sections 901 to 932, inclusive, of this title;
(4) "Actuarial equivalent " means a deferred income benefit of
equal value to the accumulated deposits or benefits when computed
upon the basis of the actuarial tables in use by the System;
(5) "Actuarial tables" means the actuarial tables approved and
in use by the Board at any given time;
(6) "Actuary" means the actuary or firm of actuaries employed
by the Board at any given time;
(7) "Beneficiary" means any person named by a member to receive
any benefits as provided for by Section 901 et seq. of this title.
If there is no beneficiary living at time of member employee 's
death, the member's estate shall be the beneficiary;
(8) "Board" means the Oklahoma Public Employees Retirement
System Board of Trust ees;
(9) "CLEET-certified law enforcement agent employed by the
Department of Human Services Office of Inspector General " means
those persons hired by the Department of Human Services Office of
Inspector General on or after June 1, 1993, who are certified by the
Council on Law Enforcement Education and Training or an equivalent
certifying entity for law enforcement personnel training and who RBH No. 11255
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perform law enforcement services as part of their regularly assigned
duties and responsibilities on a full -time basis;
(10) "Compensation" means all salary and wages, as defined by
the Board of Trustees, including amounts deferred under deferred
compensation agreements entered into between a member and a
participating employer, but exclusive of payment for overtime,
payable to a member of the System for personal services performed
for a participating employer but shall not include compensation or
reimbursement for traveling, or moving expenses, or any compensation
in excess of the maximum compensation level, provided:
(a) For compensation for service prior to January 1, 1988,
the maximum compensation level shall be Twenty -five
Thousand Dollars ($25,000.00) per annum.
For compensation for service on or after January 1,
1988, through June 30, 1994, the maximum compensation
level shall be Forty Thousand Dollars ($40,000.00) per
annum.
For compensation for service on or after July 1, 1994,
through June 30, 1995, the maximum compensation level
shall be Fifty Thousand Dollars ($50,000.00) per
annum; for compensation for service on or after July
1, 1995, through June 30, 1996, the maximum
compensation level shall be Sixty Thousand Dollars
($60,000.00) per annum; for compensation for service RBH No. 11255
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on or after July 1, 1996, through June 30, 1997, the
maximum compensation level shall be S eventy Thousand
Dollars ($70,000.00) per annum; and for compensation
for service on or after July 1, 1997, through June 30,
1998, the maximum compensation level shall be Eighty
Thousand Dollars ($80,000.00) per annum. For
compensation for services on or a fter July 1, 1998,
there shall be no maximum compensation level for
retirement purposes.
(b) Compensation for retirement purposes shall include any
amount of elective salary reduction under Section 457
of the Internal Revenue Code of 1986 and any amount of
nonelective salary reduction under Section 414(h) of
the Internal Revenue Cod e of 1986.
(c) Notwithstanding any provision to the contrary, the
compensation taken into account for any employee in
determining the contribution or benefit accruals for
any plan year is limited to the annual compensation
limit under Section 401(a)(17) of the federal Internal
Revenue Code.
(d) Current appointed members of the Oklahoma Tax
Commission whose salary is constitutionally limited
and is less than the highest salary allo wed by law for
his or her position shall be allowed, within ninety RBH No. 11255
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(90) days from March 21, 2001, to make an election to
use the highest salary allowed by law for the position
to which the member was appointed for the purposes of
making contributions and d etermination of retirement
benefits. Such election shall be irrevocable and be
in writing. Reappointment to the same office shall
not permit a new election. Members appointed to the
Oklahoma Tax Commission after the March 21, 2001,
shall make such elect ion, pursuant to this
subparagraph, within ninety (90) days of taking
office;
(10) (11) "Credited service" means the sum of participating
service, prior service and elected service;
(11) (12) "Dependent" means a parent, child, or spouse of a
member who is dependent upon the member for at least one -half (1/2)
of the member's support;
(12) (13) "Effective date" means the date upon which the System
becomes effective by operation of law;
(13) (14) "Eligible employer" means the state and any county,
county hospital, city or town, conservation districts, circuit
engineering districts a nd any public or private trust in which a
county, city or town participates and is the primary beneficiary, is
to be an eligible employer for the purpose of Section 901 et seq. o f
this title only, whose employees are covered by Social Security and RBH No. 11255
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are not covered by or eligible for another retirement plan
authorized under the laws of this state which is in operation on the
initial entry date. Emergency medical service districts m ay join
the System upon proper application to the Board. Provided,
affiliation by a county hospital shall be in the form of a
resolution adopted by the board of control.
(a) If a class or several classes of employees of any
above-defined employers are cov ered by Social Security
and are not covered by or eligible for and will not
become eligible for another retirement plan authorized
under the laws of this state, which is in operation on
the effective date, such employer shall be deemed an
eligible employer, but only with respect to that class
or those classes of employees as defined in this
section.
(b) A class or several classes of employees who are
covered by Social Security and are not covered by or
eligible for and will not become eligible for another
retirement plan authorized under the laws of this
state, which is in operation on the effective date,
and when the qualifications for employment in such
class or classes are set by state law; and when such
class or classes of employees are employed by a cou nty
or municipal government pursuant to such RBH No. 11255
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qualifications; and when the serv ices provided by such
employees are of such nature that they qualify for
matching by or contributions from state or federal
funds administered by an agency of state government
which qualifies as a participating employer, then the
agency of state government administering the state or
federal funds shall be deemed an eligible employer,
but only with respect to that class or those classes
of employees as defined in this subsection; p rovided,
that the required contributions to the retirement plan
may be withheld from the contributions of state or
federal funds administered by the state agency and
transmitted to the System on the same basis as the
employee and employer contributions are transmitted
for the direct employees of the state agency. The
retirement or eligibility for retirement under the
provisions of law providing pensions for service as a
volunteer firefighter shall not render any person
ineligible for participation in the b enefits provided
for in Section 901 et seq. of this title. An employee
of any public or private trust in which a county, city
or town participates and is the primary beneficiary
shall be deemed to be an eligible employee for the
purpose of Section 901 et seq. of this title only. RBH No. 11255
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(c) All employees of the George Nigh Rehabilitation
Institute who elected to retain membership in the
System, pursuant to Section 913.7 of this title, shall
continue to be eligible employees for the purposes of
Section 901 et seq. of this title. The George Nigh
Rehabilitation Institute shall be considered a
participating employer only for such employees.
(d) All employees of CompSource Mutual Insurance Company
who retain membership in the Oklahoma Public Employees
Retirement System pursuant to Section 913.9 of this
title shall continue to be eligible employees for the
purposes of the Oklahoma Public Employees Retirement
System. CompSource Mutual Insurance Company shall be
considered a participating employer only for such
employees.
(e) All employees of a successor organization, as defined
by Section 5-60.12 of Title 2 of the Oklahoma
Statutes, who retain membership in the Oklahoma Public
Employees Retirement System pursuant to Section 5 -
60.35 of Title 2 of the Oklahoma Statutes shal l
continue to be eligible employees for the purposes of
the Oklahoma Public Employees Retirement System. A
successor organization shall be considered a
participating employer only for such employees. RBH No. 11255
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(f) A participating employer of the Teachers ' Retirement
System of Oklahoma, who has one or more employees who
have made an election pursuant to enabling legislation
to retain membership in the System as a result of
change in administration, shall be considered a
participating employer of the Oklahoma Public
Employees Retirement System only for such employees;
(14) (15) "Employee" means any officer or employee of a
participating employer, whose employment is not seasonal or
temporary and whose employment requires at least one thousand
(1,000) hours of work per year and whose salary or wage is equal to
the hourly rate of the monthly mini mum wage for state employees.
For those eligible employers outlined in Section 910 of this title,
the rate shall be equal to the hourly rate of the monthly minimum
wage for that employer. Each employer, whose minimum wage is less
than the state's minimum wage, shall inform the System of the
minimum wage for that employer. This notification shall be by
resolution of the governing body.
(a) Any employee of the county extension ag ents who is not
currently participating in the Teachers ' Retirement
System of Oklahoma shall be a member of this System.
(b) Eligibility shall not include any employee who is a
contributing member of the United States Civil Service
Retirement System. RBH No. 11255
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(c) It shall be mandatory for an officer, appointee or
employee of the office of district attorney to become
a member of this System if he or she is not currently
participating in a county retirement system. Provided
further, that if an officer, appointee or e mployee of
the office of district attorney is currently
participating in such county retirement system, he or
she is ineligible for this System as long as he or she
is eligible for such county retirement system. Any
eligible officer, appointee or employee of the office
of district attorney shall be given credit for prior
service as defined in this section. The provisions
outlined in Section 917 of this title shall apply to
those employees who have previously withdrawn their
contributions.
(d) Eligibility shall also not include any officer or
employee of the Oklahoma Employment Secu rity
Commission, except for those officers and employees of
the Commission electing to transfer to this System
pursuant to the provisions of Section 910.1 of this
title or any other class of officers or employees
specifically exempted by the laws of this state,
unless there be a consolidation as provided by Section
912 of this title. Employees of the Oklahoma RBH No. 11255
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Employment Security Commission who are ineligible for
enrollment in the Oklahoma Employment Security
Commission Retirement Plan, that was in effect o n
January 1, 1964, shall become members of this System.
(e) Any employee employed by the Legislative Service
Bureau, Senate or House of Representatives for the
full duration of a regular legislative session shall
be eligible for membership in the System regardless of
classification as a temporary employee and may
participate in the System during the regular
legislative session at the option of the employee.
For purposes of this s ubparagraph, the determination
of whether an employee is employed for the full
duration of a regular legislative session shall be
made by the Legislative Service Bureau if such
employee is employed by the Legislative Service
Bureau, the Senate if such empl oyee is employed by the
Senate, or by the House of Representatives if such
employee is employed by the House of Representatives.
Each regular legislative session during which the
legislative employee or an employee of the Legislative
Service Bureau partic ipates full time shall be counted
as six (6) months of full -time participating service. RBH No. 11255
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(i) Except as otherwise provided by this
subparagraph, once a temporary session employee
makes a choice to participate or not, the choice
shall be binding for all futur e legislative
sessions during which the employee is employed.
(ii) Notwithstanding the provisions of division (i) of
this subparagraph, any employee, who is eligible
for membership in the System because of the
provisions of this subparagraph and who was
employed by the Senate or House of
Representatives after January 1, 1989, may fi le
an election, in a manner specified by the Board,
to participate as a member of the System prior to
September 1, 1989.
(iii) Notwithstanding the provisions of division (i) of
this subparagraph, a temporary legislative
session employee who elected to become a member
of the System may withdraw from the System
effective the day such employee elected to
participate in the System upon written request to
the Board. Any such request m ust be received by
the Board prior to October 1, 1990. All employee
contributions made by the temporary legislative
session employee shall be returned to the RBH No. 11255
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employee without interest within four (4) months
of receipt of the written request.
(iv) A member of the System who did not initially
elect to participate as a member of the System
pursuant to this subparagraph shall be able to
acquire service performed as a temporary
legislative session employee for periods of
service performed prior to the date upon which
the person became a member of the System if:
a. the member files an ele ction with the System
not later than December 31, 2000, to
purchase the prior service; and
b. the member makes payment to the System of
the actuarial cost of the service credit
pursuant to subsection A of Section 913.5 of
this title. The provisions of Section 913.5
of this title shall be applicable to the
purchase of the service credit, including
the provisions for determining service
credit in the event of incomplete payment
due to cessation of payments, death,
termination of employment or retirement, but
the payment may extend for a period not to
exceed ninety-six (96) months; RBH No. 11255
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(15) (16) "Entry date" means the date on which an eligible
employer joins the System. The first entry date pursuant to Section
901 et seq. of this title shall be January 1, 1964;
(16) (17) "Executive Director" means the managing officer of
the System employed by the Board under Section 901 et seq. of this
title;
(17) (18) "Federal Internal Revenue Code " means the federal
Internal Revenue Code of 1954 or 1986, as amended and as ap plicable
to a governmental plan as in effect on July 1, 1999;
(18) (19) "Final average compensation " means the average annual
compensation, including amounts deferred under defe rred compensation
agreements entered into between a member and a participating
employer, up to, but not exceeding the maximum compensation levels
as provided in paragraph (9) of this section received during the
highest three (3) of the last ten (10) years of participating
service immediately preceding retirement or termination of
employment and with respect to members whose first participating
service occurs on or after July 1, 2013, the compensation received
during the highest five (5) of the last ten (10) years of
participating service immediately preceding retirement or
termination of employment. Provided, no member shall retire with a
final average compensation unless the member has made the required
contributions on such compensation, as defined by the Board of
Trustees; RBH No. 11255
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(19) (20) "Fiscal year" means the period commencing July 1 of
any year and ending June 30 of the next year. The fiscal year is
the plan year for purposes of the federal Internal Revenue Code;
however, the calendar year is the limitati on year for purposes of
Section 415 of the federal Internal Revenue Code;
(20) (21) "Fund" means the Oklahoma Public Employees Retirement
Fund as created by Section 901 et seq. of this title;
(21) (22) "Leave of absence" means a period of absence from
employment without pay, authorized and approved by the employer and
acknowledged to the Board, and which after the effective date does
not exceed two (2) years;
(22) (23) "Member" means an eligible employee or elected
official who is in the System and is ma king the required employee or
elected official contributions, or any former employee or elected
official who shall have made the required contributions to the
System and shall have not received a refund or withdrawal;
(23) (24) "Military service" means service in the Armed Forces
of the United States by an honorably discharged pers on during the
following time periods, as reflected on such person 's Defense
Department Form 214, not to exceed five (5) years for combined
participating and/or prior service, as follows:
(a) during the following periods, including the beginning
and ending dates, and only for the periods served,
from: RBH No. 11255
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(i) April 6, 1917, to November 11, 1918, commonly
referred to as World War I,
(ii) September 16, 1940, to December 7, 1941, as a
member of the 45th Division,
(iii) December 7, 1941, to December 31, 1946, common ly
referred to as World War II,
(iv) June 27, 1950, to January 31, 1955, commonly
referred to as the Korean Conflict or the Korean
War,
(v) February 28, 1961, to May 7, 1975, com monly
referred to as the Vietnam era, except that:
a. for the period from February 28, 1961, to
August 4, 1964, military service shall only
include service in the Republic of Vietnam
during that period, and
b. for purposes of determining eligibility for
education and training benefits, such period
shall end on December 31, 1976, or
(vi) August 1, 1990, to December 31, 1991, commonly
referred to as the Gulf War, the Persian Gulf
War, or Operation Desert Storm, but excluding any
person who served on active du ty for training
only, unless discharged from such active duty for
a service-connected disability; RBH No. 11255
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(b) during a period of war or combat military operation
other than a conflict, war or era listed in
subparagraph (a) of this paragraph, beginning on the
date of Congressional authorization, Congressional
resolution, or Executive Order o f the President of the
United States, for the use of the Armed Forces of the
United States in a war or combat military operation,
if such war or combat military operation lasted for a
period of ninety (90) days or more, for a person who
served, and only for the period served, in the area of
responsibility of the war or combat military
operation, but excluding a person who served on active
duty for training only, unless discharged from such
active duty for a service -connected disability, and
provided that the burden of proof of military service
during this period shall be with the member, who must
present appropriate documentation establishing such
service.
An eligible member under this paragraph shall include only those
persons who shall have served during the times or in the areas
prescribed in this paragraph, and only if such person provides
appropriate documentation in such time and manner as required by the
System to establish s uch military service prescribed in this
paragraph, or for service pursuant to subdivision a of division (v) RBH No. 11255
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of subparagraph (a) of this paragraph those persons who were awarded
service medals, as authorized by the United States Department of
Defense as reflected in the veteran 's Defense Department Form 214,
related to the Vietnam Conflict for service prior to August 5, 1964;
(24) (25) "Normal retirement date " means the date on which a
member may retire with full retirement benefits as provided in
Section 901 et seq. of this title, such date being whichever occurs
first:
(a) the first day of the month coinciding with or
following a member's:
(1) sixty-second birthday with respect to members
whose first participating service occurs prior to
November 1, 2011, or
(2) sixty-fifth birthday with respect to members
whose first participating service occurs on or
after November 1, 2011, or with respect to
members whose first participating service occurs
on or after November 1, 2011, who reach a minimum
age of sixty (60) years and who also reach a
normal retirement date pursuant to subparagraph c
of this paragraph,
(b) for any person who initially became a member prior to
July 1, 1992, and who does not reach a normal
retirement date pursuant to division (1) of RBH No. 11255
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subparagraph (a) of this paragraph, the first day of
the month coinciding with or following the date at
which the sum of a member 's age and number of years of
credited service total eighty (80); such a normal
retirement date will also apply to any person who
became a member of the sending system as defined in
Section 901 et seq. of this titl e, prior to July 1,
1992, regardless of whether there were breaks in
service after July 1, 1992,
(c) for any person who became a member after June 30,
1992, but prior to November 1, 2011, and who does not
reach a normal retirement date pursuant to division
(1) of subparagraph (a) of this paragraph, the first
day of the month coinciding with or following the date
at which the sum of a member 's age and number of years
of credited service total ninety (90),
(d) in addition to subparagraphs (a), (b) and (c) of this
paragraph, the first day of the month coinciding with
or following a member 's completion of at least twenty
(20) years of full-time-equivalent employment as:
(i) a correctional or probation and parole officer
with the Department of Corrections and at the
time of retirement, the member was a correctional RBH No. 11255
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or probation and parole officer with the
Department of Corrections,
(ii) a correctional officer, probation and parole
officer or fugitive apprehension agent with the
Department of Corrections who is in such position
on June 30, 2004, or who is hired after June 30,
2004, and who receives a promotion or change in
job classification after June 30, 2004, to
another position in the Department of
Corrections, so long as such officer or agent has
at least five (5) years of service as a
correctional officer, probation and parole
officer or fugitive apprehension agent with the
Department, has twenty (20) years of full -time-
equivalent employment with the Department and was
employed by the Department at the time of
retirement,
(iii) a firefighter with the Military Department of the
State of Oklahoma either employed for the first
time on or after July 1, 2002, or who was
employed prior to Ju ly 1, 2002, in such position
and who makes the election authorized by division
(2) of subparagraph b of paragraph (9) of
subsection A of Section 915 of this title and at RBH No. 11255
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the time of retirement, the member was a
firefighter with the Military Department of t he
State of Oklahoma, and such member has at least
twenty (20) years of credit ed service upon which
the two and one-half percent (2 1/2%) multiplier
will be used in calculating the retirement
benefit,
(iv) a public safety officer employed by the Grand
River Dam Authority for the first time on or
after July 1, 2016,
(v) a deputy sheriff or jailer employed by any county
that is a participating employer in the System
for the first time as a deputy sheriff or jailer
on or after November 1, 2020, or
(vi) beginning November 1, 2024, a deputy sheriff or
jailer employed by any county that is a
participating employer in the System for the
first time as a deputy sheriff or jailer before
November 1, 2020, including those who make the
election authorized by division (2) of
subparagraph b of paragraph (10) of subsection A
of Section 915 of this title, and at the time of
retirement, if the member was a deputy sheriff or
jailer employed by the participating county, and RBH No. 11255
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such member has at least twenty (20) years of
credited service upon which the two and one -half
percent (2 1/2%) multiplier will be us ed in
calculating the retirement benefit, or
(vii) a CLEET-certified law enforcement agent employed
by the Department of Human Services Office of
Inspector General who is employe d for the first
time on or after July 1, 2025, or who was
employed prior to July 1, 2025, as a CLEET -
certified law enforcement agent and makes the
election authorized by subparagraph (d) of
paragraph (9) of subsection A of Section 915 of
this title and, at the time of retirement, the
member was a CLEET-certified law enforcement
agent with the Department of Human Services
Office of Inspector General, and such member has
at least twenty (20) years of credited service,
upon which the two and one -half percent (2 1/2%)
multiplier will be used in calculating the
retirement benefit,
(e) for those fugitive apprehension agents who retire on
or after July 1, 2002, the first day of the month
coinciding with or following a member 's completion of
at least twenty (20) yea rs of full-time-equivalent RBH No. 11255
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employment as a fugitive apprehension agent with th e
Department of Corrections and at the time of
retirement, the member was a fugitive apprehension
agent with the Department of Corrections, or
(f) for any member who was continuo usly employed by an
entity or institution within The Oklahoma State System
of Higher Education and whose initial employment with
such entity or institution was prior to July 1, 1992,
and who without a break in service of more than thirty
(30) days became employed by an employer participating
in the Oklahoma Public Employees Retireme nt System,
the first day of the month coinciding with or
following the date at which the sum of the member 's
age and number of years of credited service total
eighty (80);
(25) (26) "Participating employer " means an eligible employer
who has agreed to make contributions to the System on behalf of its
employees;
(26) (27) "Participating service " means the period of
employment after the entry date for which credit is granted a
member. Provided, on or after the effective date of this act,
military service credit purchased under Section 913.8 of this title
shall only be considered "participating service " if such service is
immediately preceded by a period of employment with a partic ipating RBH No. 11255
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employer and followed by a return to service as an employee with the
same or another participating employer within ninety (90) days
immediately following discharge from such military service;
(27) (28) "Prior service" means the period of employmen t of a
member by an eligible employer prior to the member 's entry date for
which credit is granted a member under Section 901 et seq. of this
title. Provided, on or after the effective date of this act, "prior
service" shall also include service purchased under Section 913.8 of
this title which does not meet the requirements of paragraph 26 of
this section;
(28) (29) "Retirant" or "retiree" means a member who has
retired under the System;
(29) (30) "Retirement benefit" means a monthly income with
benefits accruing from the first day of the month coinciding with or
following retirement and ending on the last day of the month in
which death occurs or the actuarial equivalent thereof paid in such
manner as specified by the member pursuant to Section 901 et s eq. of
this title or as otherwise allowed to be paid at the discretion of
the Board;
(30) (31) "Retirement coordinator " means the individual
designated by each participating employer through whom System
transactions and communication shall be directed;
(31) (32) "Social Security" means the old-age survivors and
disability section of the federal Social Security Act; RBH No. 11255
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(32) (33) "Total disability" means a physical or mental
disability accepted for disability benefits by the federal Social
Security System;
(33) (34) "Service-connected disability benefits " means
military service benefits which are for a service -connected
disability rated at twenty percent (20%) or more by the Veterans
Administration or the Armed Forces of the United States;
(34) (35) "Elected official" means a person elected to a state
office in the legislative or exec utive branch of state government or
a person elected to a county office for a definite number of years
and shall include an individual who is appointed to fill the
unexpired term of an elected state official;
(35) (36) "Elected service" means the period of service as an
elected official;
(36) (37) "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; and
(37) (38) "Public safety officers of the Grand R iver Dam
Authority" means those persons hired by the Grand River Dam
Authority on or after March 21, 2001, who are certified by the
Council on Law Enforcement Education and Train ing or an equivalent
certifying entity for law enforcement personnel training and who
perform law enforcement functions as part of their regularly
assigned duties and responsibilities on a full -time basis. With RBH No. 11255
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respect to any public safety officer hired b y the Grand River Dam
Authority on or after March 21, 2001, any earned benefit s or credits
toward retirement benefits from previous participation within the
Oklahoma Public Employees Retirement System or the Oklahoma Law
Enforcement Retirement System shall remain within that system.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 915, as
amended by Section 2, Chapter 280, O.S.L. 2024 (74 O.S. Supp. 2024,
Section 915), is amended to read as follows:
Section 915. A. (1) Except as othe rwise provided in this
subsection and as provided for elected officials in Sec tion 913.4 of
this title, any member who shall retire on or after the member 's
normal retirement date shall be entitled to receive an annual
retirement benefit equal to two perce nt (2%) of the member 's final
average compensation as determined pursuant to paragraph (18) of
Section 902 of this title, multiplied by the number of years of
credited service that has been credited to the member in accordance
with the provisions of Sectio n 913 of this title other than years
credited pursuant to paragraph (2) of thi s subsection.
(2) Effective January 1, 2004, except as otherwise provided for
elected officials in Section 913.4 of this title and except for
those members making contributions pursuant to paragraphs (c), (d),
(e) and (f) of subsection (1) of Section 919.1 of this title, any
member who shall retire shall be entitled to receive an annual
retirement benefit equal to two and one -half percent (2 1/2%) of the RBH No. 11255
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member's final average compensation as determined pursuant to
paragraph (18) of Section 902 of this tit le, multiplied by the
number of full years of participating service after January 1, 2004,
that have been credited to the member in accordance with the
provisions of Section 913 of this title and only for those full
years of participating service for which contributions have been
made pursuant to paragraph (g) of subsection (1) of Section 919.1 of
this title. The two and one -half percent (2 1/2%) multiplier shall
not apply to purchased service, purchased or granted military
service or transferred service. In order to receive the two and
one-half percent (2 1/2%) multiplier in computing retirement
benefits, an active member shall make an irrevocable written
election to pay the con tributions pursuant to paragraph (g) of
subsection (1) of Section 919.1 of this title. The two and one -half
percent (2 1/2%) multiplier pursuant to this paragraph shall not
apply to additional years of service credit attributed to sick leave
pursuant to paragraph 7 of subsection B of Section 913 of this title
and fractional years p ursuant to subsection C of Section 913 of this
title and shall be attributable only to the participating service
credited after the election of the member.
(3) The minimum final average compensation for any person who
becomes a member of the System on or after July 1, 1995:
a. and who had twenty (20) or more years of credited
service within the System as of the member 's RBH No. 11255
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retirement date shall be no less than Thirteen
Thousand Eight Hundred Dollars ($13,800.00) per annum,
b. and who had at least fifteen (15) but not more than
nineteen (19) years of credited service within the
System as of the member 's retirement date shall be no
less than Six Thousand Nine Hundred Dollars
($6,900.00) per annum,
c. and who had less than fifteen (15) years of credited
service within the System as of the member 's
retirement date shall not be eligible for any minimum
amount of final average compensation and the member 's
final average compensation shall b e the final average
compensation as defined by paragraph (18) of Section
902 of this title.
(4) Provided, further, any member who has elected a vested
benefit pursuant to Section 917 of this title shall be entitled to
receive benefits as outlined in this section except the percent
factor and the member 's maximum compensation level in effect the
date the member's employment was terminated with a participating
employer shall be applicable.
(5) Any member who is a correctional officer or a probation and
parole officer employed by the Department of Corrections at the time
of retirement and who retires on or before June 30, 2000, shall be
entitled to receive an annual retirement benefit equal to two and RBH No. 11255
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one-half percent (2 1/2%) of the final average compensatio n of the
member not to exceed Twenty -five Thousand Dollars ($25,000.00) and
two percent (2%) of the final average salary in excess of Twenty -
five Thousand Dollars ($25,000.00) but not exceeding the maximum
compensation level as provided in paragraph (9) of Section 902 of
this title, multiplied by the number of years of service as a
correctional officer or a probation and parole officer; provided,
any years accrued prior to July 1, 1990, as a correctional officer
or a probation and parole officer by a member who is employed as a
correctional officer or a probation and parole officer on July 1,
1990, shall be calculated for retirement purposes at two and one -
quarter percent (2 1/4%) of the final average compensation of the
member not to exceed Twenty -five Thousand Dollars ($25,000.00) and
two percent (2%) of the final average salary in excess of Twenty-
five Thousand Dollars ($25,000.00) but not exceeding the maximum
compensation level as provided in paragraph (9) of Section 902 of
this title, multiplied by the number of years of such service and
any years in excess of twenty (20) years as such an officer or years
credited to the member in accordance with the provisions of Section
913 of this title shall be calculated for retirement purposes at two
percent (2%) of the final average compensation of the member
multiplied by the number of yea rs of such service. Any person who
contributes to the System as a correctional officer or a probation
and parole officer as provided in paragraph (b) or (c) of subsection RBH No. 11255
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(1) of Section 919.1 of this title, on or before June 30, 2000, but
who does not make such contributions after June 30, 2000, and who
does not qualify for normal retirement under subparagraph (c) of
paragraph (24) of Section 902 of this title shall have retireme nt
benefits for each year of full -time-equivalent participating service
as a correctional or a probation and parole officer after July 1,
1990, computed on two and one -half percent (2 1/2%) of the final
average compensation based upon those years as a corr ectional
officer or a probation and parole officer. Provided, further, any
fugitive apprehension agent shall be entitled to receive benefits as
outlined in this act for service as a fugitive apprehension agent
prior to July 1, 2002, only upon payment to t he System of the
employee contributions which would have been paid if such fug itive
apprehension agent had been covered by this section prior to the
effective date of this act, plus interest of not to exceed ten
percent (10%) as determined by the Board. T he Department of
Corrections may make the employee contribution and interest payment
on behalf of such member.
(6) Any member who is a correctional officer, a probation and
parole officer or a fugitive apprehension agent employed by the
Department of Corrections at the time of retirement and who retires
on or after July 1, 2002, sh all be entitled to receive an annual
retirement benefit equal to two and one -half percent (2 1/2%) of the
final average compensation of the member, but not exceeding the RBH No. 11255
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maximum compensation level as provided in paragraph (18) of Section
902 of this title, multiplied by the number of years of service as a
correctional officer, a probation and parole officer or a fugitive
apprehension agent, and any years in excess of twenty (20) y ears as
such an officer or agent, or years credited to the member in
accordance with the provisions of Section 913 of this title, shall
be calculated for retirement purposes at two percent (2%) of the
final average compensation of the member multiplied by the number of
years of such service. For purposes of this paragraph, "final
average compensation " shall be determined by computing the average
annual salary, in the manner prescribed by paragraph (18) of Section
902 of this title, for the highest three (3 ) years of the last ten
(10) years of participating service immediately preced ing retirement
or termination of employment for all years of service performed by
such member, both for years of service performed as a correctional
officer, probation and parole officer or fugitive apprehension
agent, not in excess of twenty (20) years, and for years of service
performed in excess of twenty (20) years, whether as a correctional
officer, probation and parole officer, fugitive apprehension agent
or other position unless the computation of benefits would result in
a lower retirement benefit a mount than if final average compensation
were to be computed as otherwise provided by this paragraph. "Final
average compensation " shall be determined by computing the average
annual salary for the highest five (5) of the last ten (10) years of RBH No. 11255
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participating service immediately preceding retirement or
termination of employment, with respect to members whose first
participating service occurs on or after July 1, 2013.
(7) Any member who is a correctional officer, a probation and
parole officer or a fugitiv e apprehension agent who has at least
five (5) years of service as a correctional officer, a probation and
parole officer or a fugitive apprehension agent who is in such
position on June 30, 2004, or who is hired after June 30, 2004, in
such position, and who receives a promotion or change in job
classification after June 30, 2004, to another position in the
Department of Corrections, and who is employed by the Department of
Corrections at the time of retirement and who retires on or after
July 1, 2004, shall be entitled to receive an annual retirement
benefit equal to two and one -half percent (2 1/2%) of the final
average compensation of the member, but not exceeding the maximum
compensation level as provided in paragraph (18) of Section 902 of
this title, multiplied by the number of years of service with the
Department of Corrections and any years in excess of twenty (20)
years with the Department or years credited to the member i n
accordance with the provisions of Section 913 of this title, shall
be calculated for retirement purposes at two percent (2%) of the
final average compensation of the member multiplied by the number of
years of such service. For purposes of this paragrap h, "final
average compensation " shall be determined by computing the average RBH No. 11255
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annual salary, in the manner prescribed by paragraph (18) of Section
902 of this title, for the highest three (3) years of the last ten
(10) years of participating service immedia tely preceding retirement
or termination of employment for all years of servic e performed by
such member with the Department. "Final average compensation " shall
be determined by computing the average annual salary for the highest
five (5) of the last ten (10) years of participating service
immediately preceding retirement or termination of employment, with
respect to members whose first participating service occurs on or
after July 1, 2013.
(8) Any person who contributed to the System as a correctional
officer, a probation and parole officer or a fugitive apprehension
agent as provided in paragraph (b) or (c) of subsection (1) of
Section 919.1 of this title, and who retires under normal retirement
or early retirement on or after January 1, 2004, under para graph
(24) of Section 902 of this title, and any public safety officer
described by paragraph (37) of Section 902 of this title hired on or
after the effective date of this act by the Grand River Dam
Authority and who retires on or after the effective date of this
act, shall have retirement benefits for each year of full -time-
equivalent participating service as a correctional officer, a
probation and parole officer or a fugitive apprehension agent, or
Grand River Dam public safety officer computed on two an d one-half
percent (2 1/2%) of the final average compensation based upon those RBH No. 11255
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years as a correctional officer, a probation and parole officer, a
fugitive apprehension agent or a Grand River Dam public safety
officer. For purposes of this paragraph, "final average
compensation" shall be determined by computing the average annual
salary, in the manner prescribed by paragraph (18) of Section 902 of
this title, for the highest three (3) years of the last ten (10)
years of participating service immediately pre ceding retirement or
termination of employment for all years of service performed by such
member, both for years of service performed as a correctional
officer, probation and parole officer or fugitive apprehension
agent, or years of service performed as a Grand River Dam public
safety officer, not in excess of twenty (20) years, an d for years of
service performed in excess of twenty (20) years, whether as a
correctional officer, probation and parole officer, fugitive
apprehension agent, Grand River Dam pub lic safety officer, or other
position unless the computation of benefits would result in a lower
retirement benefit amount than if final average compensation were to
be computed as otherwise provided by this paragraph. "Final average
compensation" shall be determined by computing the average annual
salary for the highest five (5) o f the last ten (10) years of
participating service immediately preceding retirement or
termination of employment, with respect to members whose first
participating service occurs on or after July 1, 2013, or with
respect to Grand River Dam public safety officers whose first RBH No. 11255
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participating service occurs on or after the effective date of this
act.
(9) Any member who is:
a. initially on or after July 1, 2002, employed as a
firefighter for the Oklahoma Military Department and
who retires on or after the member 's normal retirement
date shall be entitled to receive an annual retirement
benefit equal to two and one -half percent (2 1/2%) of
the final average compensation of the member
multiplied by the number of years of service in such
service,
b. (1) a firefighter who performs firefighting services
for the Oklahoma Military Department prior to
July 1, 2002, and who makes an election in
writing on a form prescribed for this purpose by
the System not later than December 31, 2002,
shall be entitled to receive a retir ement benefit
based upon two and one -half percent (2 1/2%) of
the final average compensation of the member
multiplied by the number of years of service as a
firefighter with the Oklahoma Military Department
on or after July 1, 2002. The election
authorized by this subdivision shall be RBH No. 11255
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irrevocable once the election is filed with the
System,
(2) a firefighter who performs firefighting services
for the Oklahoma Military Department p rior to
July 1, 2002, and who makes the election in
division (1) of this subpa ragraph may also make
an election in writing on a form prescribed for
this purpose by the System not later than
December 31, 2002, to receive a retirement
benefit based upon two and one-half percent (2
1/2%) of the final average compensation of the
member multiplied by the number of years of
service as a firefighter with the Oklahoma
Military Department prior to July 1, 2002. The
election authorized by this subdivision shall be
irrevocable once the election is filed with the
System. Retirement benefits sh all be calculated
based upon the two and one -half percent (2 1/2%)
multiplier upon payment being made pursuant to
Section 913.5 of this title ,
c. initially on or after July 1, 20 25, employed as a
CLEET-certified law enforcement agent for the
Oklahoma Department of Human Services Office of
Inspector General and who retires on or after the RBH No. 11255
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member's normal retirement date shall be entitled
to receive an annual retirement benefit equa l to
two and one-half percent (2 1/2%) of the final
average compensation of th e member multiplied by
the number of years of service in such service ,
d. (1) a CLEET-certified law enforcement agent who
performs law enforcement services for the
Department of Human Services Office of Inspector
General prior to July 1, 2025, and who makes an
election in writing on a form prescribed for this
purpose by the System not later than December 31,
2025, shall be entitled to receive a retirement
benefit based upon two an d one-half percent (2
1/2%) of the final average compensation of the
member multiplied by the number of years of
service as a CLEET-certified law enforcement
agent for the Department of Human Services Office
of Inspector General on or after July 1, 2025.
The election authorized by the subparagraph shall
be irrevocable once the election is filed with
the System,
(2) a CLEET-certified law enforcement agent who
performs law enforcement services for the
Department of Human Services Office of Inspector RBH No. 11255
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General prior to July 1, 2025, and who makes the
election in subparagraph (1) of this paragraph
may also make an election in writing on a form
prescribed for this purpose by the System not
later than December 31, 2025, to receive a
retirement benefit based upon tw o and one-half
percent (2 1/2%) of the final average
compensation of the member multiplied by the
number of years of service as a CLEET -certified
law enforcement agent who performs law
enforcement services for the Department of Human
Services Office of Ins pector General prior to
July 1, 2025. The election authorized by this
subdivision shall be irrevocable once the
election is filed with the System. Retirement
benefits shall be calculated based upon the two
and one-half percent (2 1/2%) multiplier upon
payment being made pursuant to Section 913.5 of
this title.
(10) Any person who contributes to the System as a deputy
sheriff or county jailer as provided in paragraph (f) of subsection
(1) of Section 919.1 of this title, and who was:
a. employed by a participating employer in the System
for the first time as a deputy sheriff or jail er on RBH No. 11255
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or after November 1, 2020, and who retires under
normal retirement or early retirement under division
(v) of subparagraph (d) of paragraph (24) of Section
902 of this title, shall have retirement benefits for
each year of full-time-equivalent participating
service as a deputy sheriff or county jailer computed
on two and one-half percent (2 1/2%) of the final
average compensation based upon those years as a
deputy sheriff or county jailer, and any years in
excess of twenty (20) years as a deputy sherif f or
county jailer, or years credited to the member in
accordance with the provisions of Section 913 of this
title, shall be calculated for retirement purposes at
two percent (2%) of the final average compensation of
the member multiplied by the number of years of such
service, or
b. (1) employed by a participating employer in the
System for the first time as a deputy sheriff or
county jailer before November 1, 2020, and who
retires under the normal retirement or early
retirement under division (vi) of subp aragraph
(d) of paragraph (24) of Section 902 of this
title, shall be entitled to receive a retirement
benefit based on two and one -half percent (2 RBH No. 11255
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1/2%) of the final average com pensation of the
member multiplied based on the number of years of
service as a deputy sheriff or county jailer with
any county participating in the System on or
after November 1, 2024,
(2) employed by a participating employer in the
System for the first t ime as a deputy sheriff or
county jailer before November 1, 2020, and who
retires under the normal retirement or early
retirement under division (vi) of subparagraph
(d) of paragraph (24) of Section 902 of this
title, and who makes an election in writing n ot
later than July 1, 2026, on a form prescribed for
this purpose by the System, shall be entitled to
a retirement benefit based upon two and one -half
percent (2 1/2%) of the final average
compensation of the member multiplied by the
number of years of ser vice prior to November 1,
2024, as a deputy sheriff or county jailer
employed by any county that is a participating
employer in the System. The election authorized
by this subparagraph shall be irrevocable once
the election is filed with the System.
Retirement benefits shall be calculated based RBH No. 11255
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upon the two and one -half percent (2 1/2%)
multiplier upon payment being made pursuant to
Section 913.5 of this title. Any person
otherwise qualifying under this subparagraph, but
who is not employed as a deputy s heriff or county
jailer on November 1, 2024, and who is reemployed
as a deputy sheriff or county jailer with a
county that is a participating employer in the
System after November 1, 2024, shall have six (6)
months from the initial date of reemployment to
make the election authorized in this
subparagraph. The actuarial purchase of any
service credit accrued prior to November 1, 2024,
as a deputy sheriff or county jailer employed by
a county that is a participating employer in the
System as set forth in thi s subparagraph shall
cancel such corresponding service and shall not
be used to compute the retirement benefit under
any other provision except as provided in this
subparagraph. In no event shall the service
purchased under this subparagraph cause the
member to receive a retirement benefit for the
same service in any other plan. Any purchased
service under this subparagraph shall comply with RBH No. 11255
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the applicable provisions of the Internal Revenue
Code and rules adopted by the Board of Trustees.
c. For purposes of paragraph (10), "final average
compensation" shall be determined by computi ng the
average annual salary, in the manner prescribed by
paragraph (18) of Section 902 of this title, both for
years of service performed as a deputy sheriff or
county jailer not in excess of twenty (20) years, and
for years of service performed in excess of twenty
(20) years, whether as a deputy sheriff or county
jailer.
(11) Upon death of a retiree, there shall be paid to his or her
beneficiary an amount equal to the excess, i f any, of his or her
accumulated contributions over the sum of all retirement benefit
payments made.
(12) Such annual retirement benefits shall be paid in equal
monthly installments, except that the Board may provide for the
payment of retirement benefits which total less than Two Hundred
Forty Dollars ($240.00) a year on other than a monthly basis.
(13) Pursuant to the rules established by the Board, a retiree
receiving monthly benefits from the System may authorize warrant
deductions for any products cu rrently offered to active state
employees through the Employees Benefits Counc il, provided that
product is offered to state retirees as a group and has a minimum RBH No. 11255
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participation of five hundred state retirees. The System has no
responsibility for the market ing, enrolling or administration of
such products, but shall retain a processing fee of two percent (2%)
of the gross deductions for the products. Retirement benefit
deductions shall be made for membership dues for any statewide
association for which payr oll deductions are authorized pursuant to
subsection B of Section 34.70 of Tit le 62 of the Oklahoma Statutes
for retired members of any state -supported retirement system, upon
proper authorization given by the member to the board from which the
member or beneficiary is currently receiving retirement benefits.
B. A member shall be considered disabled if such member
qualifies for the payment of Social Security disability benefits, or
the payment of benefits pursuant to the Railroad Retirement Act of
1974, Section 231 et seq. of Title 45 of the United States Code, and
shall be eligible for benefits hereunder upon proof of such
disability, provided such member is an active regularly scheduled
employee with a participating employer at the time of injury or
inception of illness or disease resulting in subsequent
certification of eligibility for Social Security disability benefits
by reason of such injury, illness or disease, providing such
disability is certified by the Social Security Administration within
one (1) year after the last date physically on the job and after
completion of at least eight (8) years of participating service or
combined prior and participating service or resulting in subsequent RBH No. 11255
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certification of eligibility of disability by the Railroad
Retirement Board providing such certification is made by the
Railroad Retirement Board within one (1) year after the last date
physically on the job and after completion of at least eight (8)
years of participating service or combined prior and participating
service. The member shall submit to the Retirement System the
Social Security Award Notice or the Railroad Retirement Award Notice
certifying the date of entitlement for disability benefits, as
issued by the Social Security Administration, Department of H ealth
and Human Services or the Railroad Retirement Board. Disability
benefits shall become effective on the date of entitlement as
established by the Social Security Administration or the Railroad
Retirement Board, but not before the first day of the mon th
following removal from the payroll, whichever is later, and final
approval by the Retirement System. Benefits shall be based upon
length of service and compensation as of the date of disability,
without actuarial reduction because of commencement prior to the
normal retirement date. The only optional form of benefit payment
available for disability benefits is Option A as provided for in
Section 918 of this title. Option A must be elected in accordance
with the provisions of Section 918 of this title. Benefit payments
shall cease upon the member 's recovery from disability prio r to the
normal retirement date. Future benefits, if any, shall be paid
based upon length of service and compensation as of the date of RBH No. 11255
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disability. In the event that disability ceases and the member
returns to employment within the System credited service to the date
of disability shall be restored, and future benefits shall be
determined accordingly.
C. A member who incurred a disability pursuant to subsection B
of this section on or after July 1, 1999, and who has retired from
the System with an early retirement benefit pending certification
from the Social Security Administration or the Railroad Retirement
Board shall receive a retirement benefit not less than the
disability retirement benefit provided by subsection B of this
section once the System receives a Social Security Award Notice or a
Railroad Retirement Award Notice pursuant to subsection B of this
section and a completed Application for Disability Benefits. In
addition, such member shall receive the difference, if any, between
the early retirement benefit and the disability benefit from the
date the Social Security Administration or the Railroad Retirement
Board establishes disability entitlement.
D. Any actively participating member of the System on or after
July 1, 1998, except for those employees provided in subparagraph
(e) of paragraph (14) of Section 902 of this title, whose employment
is less than full-time, shall have his or her final average
compensation calculated on an annualized basis using his or her
hourly wage subject to the ma ximum compensation limits; provided,
however, any such member whose first participating service occurred RBH No. 11255
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before July 1, 2013, and who has at least three (3) years of full -
time employment during the last ten (10) years immediately preceding
termination or retirement shall not be eligible for the
annualization provisions contained herein; and provided further, any
such member whose first participating service occurred on or after
July 1, 2013, and who has at least five (5) years of full -time
employment during the last ten (10) years immediately preceding
termination or retirement shall not be eligible for the
annualization provisions contained herein. The Board of Trustees
shall promulgate such administrative rules as are necessary to
implement the provisions of this subsection.
SECTION 3. AMENDATORY 74 O.S. 2021, Section 916.3, as
amended by Section 3, Chapter 280, O.S.L. 2024 (74 O.S. Supp. 2024,
Section 916.3), is amended to read as follows:
Section 916.3. A. Notwithstanding the provisions of Sections
901 through 932 of this title, a monthly pension, as provided in
subsection B of this section, shall be paid on behalf of any member
who is a:
1. Correctional officer or probation and parole officer of the
Department of Corrections and who is killed or mortally wounded on
or after January 1, 2000, during the performance of the member 's
duties for the Department or any employee of the Department of
Corrections who is killed or mortally wounded after June 30, 2004,
during the performan ce of the member's duties for the Department; RBH No. 11255
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2. Deputy sheriff or county jailer first hired on or after
November 1, 2020, by any county that is a participating member in
the System, and who is killed or mortally wounded during the
performance of the member 's duties as a deputy sheriff or jailer;
and
3. Deputy sheriff or county jailer first hired before November
1, 2020, by any county that is a participating employer in the
System, and who is killed or mortally wounded during the performance
of the member's duties for the participating county on or after
November 1, 2024; and
4. CLEET-certified law enforcement agent employed by the
Department of Human Services Office of Inspecto r General and who is
killed or mortally wounded on or after July 1, 2025, during the
performance of the member 's duties for the Department .
B. The monthly benefit shall be equal to:
1. Two and one-half percent (2 1/2%);
2. Multiplied by twenty (20) year s of service, regardless of
the actual number of years of credited service per formed by the
member prior to death, if the member had performed less than twenty
(20) years of credited service, or the actual number of years of
credited service of the member if greater than twenty (20) years;
3. Multiplied by the member 's final average compensation; and
4. Divided by 12. RBH No. 11255
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C. The pension provided for in subsection A of this section
shall be paid:
1. Except as provided in subsection D of this section, to the
surviving spouse for life; or
2. If there is no surviving spouse or upon the death of the
surviving spouse:
a. to the surviving child or children of said member or
legal guardian of such child or children for such time
as such child or children are under the age of
eighteen (18) years, or
b. to the surviving child or children between the age of
eighteen (18) and twenty -two (22) years if the child
is enrolled full time in and is regularly attending a
public or private school or any institution of higher
education.
D. No surviving spouse shall receive benefits from this
section, Section 49-113 of Title 11 of the Oklahoma Statutes,
Section 50-117 of Title 11 of the Oklahoma Statutes, or Section 2 -
306 of Title 47 of the Oklahoma Statutes as the surviving spous e of
more than one member of the Oklahoma Firefighters Pension and
Retirement System, the Oklahoma Police Pension and Retirement
System, the Oklahoma Law Enforcement Retirement System, or the
Oklahoma Public Employees Retirement System. The surviving spou se RBH No. 11255
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of more than one member shall elect which member 's benefits he or
she will receive.
E. In addition to the pension above provided for, if said
member leaves one or more children under the age of eighteen (18)
years or under the age of twenty -two (22) years if the child is
enrolled full-time in and is regularly attending a public or private
school or any institution of higher education, Four Hundred Dollars
($400.00) a month shall be paid to the surviving spouse or to the
person having the care and custod y of such children if there is no
surviving spouse or if the surviving spouse dies and until each
child reaches the age of eighteen (18) years or reaches the age of
twenty-two (22) years if the child is enrolled full -time in and is
regularly attending a pu blic or private school or any institution of
higher education.
F. The pension benefit provided in this section shall be made
prospectively only from the effective date of this act. The
benefits shall be payable beginning the later of the first day of
the month following the date that such employee was killed or dies
from a mortal wound, as provided in this section, or the effective
date of this act.
G. The Board of the Oklahoma Public Employees Retirement System
shall promulgate such rules as are necessa ry to implement the
provisions of this section. RBH No. 11255
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SECTION 4. AMENDATORY 74 O.S. 2021, Section 919.1, as
amended by Section 4, Chapter 280, O.S.L. 2024 (74 O.S. Supp. 2024,
Section 919.1), is amended to read as follows:
Section 919.1. (1) Employee contributions to the System shall
be:
(a) for employees except as otherwise provided in
paragraphs (b), (c), (d), (e), (f) and, (g), and (h)
of this subsection: beginning July 1, 2006, and
thereafter, three and one -half percent (3.5%) of
allowable annual compensation;
(b) for correctional officers and probation and parole
officers employed by the Department of Corrections:
beginning July 1, 1998, and thereafter, and for
correctional officers or probation and parole officers
who are in such position on June 30, 2004, or who are
hired after June 30, 2004, and who rece ive a promotion
or change in job classification after June 30, 2004,
to another position in the Department of Corrections,
so long as such officers have at least five (5) years
of service as a correctional officer or probation and
parole officer, eight percent (8%) of allowable
compensation as provided in paragraph (9) of Section
902 of this title; RBH No. 11255
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(c) for fugitive apprehension agents who are employed with
the Department of Correc tions on or after July 1,
2002, and for fugitive apprehension agents who are i n
such position on June 30, 2004, or who are hired after
June 30, 2004, and who receive a promotion or change
in job classification after June 30, 2004, to another
position in the Department of Corrections, so long as
such agents have at least five (5) years of service as
a fugitive apprehension agent, eight percent (8%) of
allowable compensation as provided in paragraph (9) of
Section 902 of this title;
(d) for firefighters of th e Oklahoma Military Department
first employed beginning July 1, 2002, and ther eafter,
and such firefighters who performed service prior to
July 1, 2002, for the Oklahoma Military Department and
who make the election authorized by division (1) of
subparagraph b of paragraph (9) of subsection A of
Section 915 of this title who perform service on or
after July 1, 2002, in such capacity, eight percent
(8%) of allowable compensation as provided in
subsection (9) of Section 902 of this title;
(e) for all public safety officers of the Grand River Dam
Authority as defined by paragraph (37) o f Section 902
of this title, eight percent (8%) of allowable RBH No. 11255
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compensation as provided in paragraph (9) of Section
902 of this title;
(f) for deputy sheriffs and county jailers em ployed by any
county that is a participating employer in the System
for the first time as a deputy sheriff or jailer on or
after November 1, 2020, or beginning November 1, 2024,
those deputy sheriffs and county jailers employed by
any county that is a part icipating employer in the
System for the first time as a deputy sheriff or
county jailer before November 1, 2020, eight percent
(8%) of allowable compensation as provided in
paragraph (9) of Section 902 of this title; and
(g) for all CLEET-certified law enforcement agents of the
Department of Human Services Office of Inspector
General as defined by paragraph (38) of Section 902 of
this title, eight percent (8%) of allowable
compensation as provided in paragraph (9) of Section
902 of this title; and
(g)
(h) for all employees except those who make contributions
pursuant to paragraphs ( b), (c), (d), (e) and, (f),
and (g) of this subsection who make an irrevocable
written election pursuant to paragraph (2) of
subsection A of Section 915 of this title: six and RBH No. 11255
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forty-one one-hundredths percent (6.41%) of allowable
annual compensation.
The contributions required by paragraphs (b), (c), (e), and (f)
of this subsection shall be made by a member for not more than
twenty (20) years and thereafter shall be as provided i n paragraph
(a) of this subsection.
(2) Contributions shall be deducted by ea ch state agency by the
participating employer for such benefits as the Board is authorized
to administer as provided for by law. Employee and employer
contributions shall be rem itted monthly, or as the Board may
otherwise provide, to the Executive Director for deposit in the
Oklahoma Public Employees Retirement Fund.
(3) Each participating employer shall pick up under the
provisions of Section 414(h)(2) of the Internal Revenue C ode of 1986
and pay the contribution which the member is required by law to ma ke
to the System for all compensation earned after December 31, 1988.
Although the contributions so picked up are designated as member
contributions, such contributions shall be treated as contributions
being paid by the participating employer in lieu of contributions by
the member in determining tax treatment under the Internal Revenue
Code of 1986 and such picked up contributions shall not be
includable in the gross income of t he member until such amounts are
distributed or made available to the member o r the beneficiary of
the member. The member, by the terms of this System, shall not have RBH No. 11255
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any option to choose to receive the contributions so picked up
directly and the picked u p contributions must be paid by the
participating employer to the System.
Member contributions which are picked up shall be treated in the
same manner and to the same extent as member contributions made
prior to the date on which member contributions were picked up by
the participating employer. Member contributions so picked up sh all
be included in gross salary for purposes of determining benefits and
contributions under the System.
The participating employer shall pay the member contributions
from the same source of funds used in paying salary to the member,
by effecting an equal cash reduction in gross salary of the member.
(4) By September 1, 1989, the System shall refund the
accumulated employee contributions of any member who elects to
retain the member's membership in the Teachers ' Retirement System of
Oklahoma, in accordance with Section 17-104 of Title 70 of the
Oklahoma Statutes, to such member. Upon the refund of the
accumulated employee contributions referred to in this subsection,
all benefits and rights accrued to such member are terminated.
SECTION 5. AMENDATORY 74 O.S. 2021, Section 935.2, is
amended to read as follows:
Section 935.2. A. The Oklahoma Public Employees Retirement
System (System) shall establish a de fined contribution system for
those persons who first become employed in a ful l-time equivalent RBH No. 11255
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position or a position which is less than full -time but more than
half-time position and which qualifies for employee benefits,
including but not limited to, he alth insurance and leave time by any
participating employer of the System, as defined by paragraph (25)
of Section 902 of this title, on or after November 1, 2015. Any
person first licensed by the Department of Rehabilitation Services
as a vending stand o perator or managing operator on or after
November 1, 2015, as defined by Secti on 929 of this title, shall be
eligible for participation in the defined contribution system.
B. The provisions of subsection A of this section and the
provisions of this act sh all not be applicable to employees who are
initially employed in the positions described in division (i), (ii),
(iii), or (iv), or (vii) of subparagraph (d) of paragraph (24) of
Section 902 of this title, district attorneys, assistant district
attorneys or other employees of the district attorney 's office, and
any employees of a cou nty, county elected officials, county
hospital, city or town, conservation district, circuit engineering
district, and any public or private trust in which a county, city or
town participates and is the primary beneficiary.
C. An employee described by subsection A of this section shall
become a participant in the defined contribution system and the
employee shall not accrue any service credit in the Oklahoma Public
Employees Retirement System as established pursuant to Section 901
et seq. of this title. RBH No. 11255
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D. Employees who participate in the defined contribution system
shall be deemed to begin service in the defined contribution system
on the first day of the month following employm ent.
E. An employee who begins participating in the defined benefit
plan on or after November 1, 2015, in one of the positions described
in subsection B of this section, shall continue to participate in
the defined benefit plan only as long as he or she c ontinues to be
employed in a position described in subsection B of this sectio n.
F. Any employee employed on or after November 1, 2015, by the
Legislative Service Bureau, State Senate or House of Representatives
for the full duration of a regular legislat ive session shall be
eligible for membership only in the defined contribution system
regardless of classification as a temporary employee. The temporary
session employee may participate in the defined contribution system
during the regular legislative ses sion at the option of the
employee. Once the temporary session employee makes a choice to
participate, the choice shall be binding for all future legislative
sessions during which the temporary session employee is employed.
For purposes of this subparagr aph, the determination of whether an
employee is employed for the full duration of a regular legislative
session shall be made by the employer.
SECTION 6. This act shall become effective July 1, 2025.
SECTION 7. It being immediately necessary for the preservation
of the public peace, health or safet y, an emergency is hereby RBH No. 11255
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its pas sage and approval.
60-1-11255 CMA 12/27/24
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 Strom
Room 455N
Re: RBH No. 11255
RBH No. 11255 would make CLEET active commissioned agents and CLEET
certified agents of the Department Human Services who were hired on
or after 7/01/2025 participants in the Oklahoma Law Enforcement
Retirement System.
Those agents hired prior to 7/01/2025 have the option of purchasing
service prior to 7/01/2025 or have the 2. 5% retirement benefit based
service after 6/30/2025 plus 2% on service prior to 7/01/2025.
RBH No. 11255 is a fiscal bill as defined by OPLAAA because it will
increase the Actuarial Accrued Liability.
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