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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1729 By: Moore of the House
and
Weaver of the Senate
AS INTRODUCED
An Act relating to the Oklahoma Public Employees
Retirement System; authorizing postretirement
employment for certain retirees; providing
limitations; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 914.1 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. A retired district attorney or assistant district attorney
may enter into postretirement employment with a district attorney 's
office and receive monthly retirement benefits subject to the
following limitations:
1. A retired district attorney or assistant district attorney
is not eligible to be employed within a district attorney 's office,
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in any capacity, for sixty (60) calendar days between the retiree 's
last day of preretirement employment and any postretirement
employment. For purposes of this section, the term "last day of
preretirement employment " shall mean the last day th e employee is
required to be physically present on the job to complete the terms
of the employment contract or agreement. An employee on paid leave
is still considered to be employed for purposes of this section.
Employment under any conditions during th is time, volunteer services
for the purpose of obtaining a paid position at a later date, or
payment at a later time for services performed during this time
period shall cause the forfeiture of all retirement benefits
received during the period; and
2. Unless otherwise provided in this section, earnings from
employment undertaken pursuant to this section may not exceed one -
half (1/2) of the member 's final average salary used in computing
retirement benefits, or the earnings limitation for employees
allowed by the Social Security Administration, whichever is less.
For retired members under the age of sixty -two (62) years, the limit
on allowed earnings from a district attorney 's office for employment
for the performance of duties ordinarily performed by clas sified or
nonclassified personnel shall be the lesser of Twenty -five Thousand
Dollars ($25,000.00) or one -half (1/2) of the member 's final average
salary used in computing retirement benefits unless the earnings
limitation allowed by the Social Security Ad ministration would be
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greater than Twenty-five Thousand Dollars ($25,000.00). For retired
members sixty-two (62) years of age or older, the limit on allowed
earnings from district attorneys ' offices for the performance of
duties ordinarily performed by cl assified or nonclassified personnel
shall be the lesser of Thirty Thousand Dollars ($30,000.00) or one -
half (1/2) of the member 's final average salary used in computing
retirement benefits. For purposes of this paragraph, the following
shall apply:
a. the earnings limitation for employees allowed by the
Social Security Administration to workers between the
age of sixty-two (62) years and sixty -five (65) years
shall apply to retired members below the age of sixty -
two (62) years,
b. the limit on allowed earn ings from district attorneys '
offices shall be automatically adjusted effective the
first day of January of each year to reflect the
current earnings limitation for employees as
determined from time to time by the Social Security
Administration,
c. the earnings limit for the calendar year in which a
member retires shall be one -twelfth (1/12) of the
annual limit multiplied by the number of months the
member is eligible to work and receive payments from
district attorneys' offices,
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d. earnings in excess of th e maximum limit on allowed
earnings from district attorneys ' offices shall result
in a loss of future retirement benefits for the year
the postretirement employment was performed of One
Dollar ($1.00) for each One Dollar ($1.00) earned over
the maximum allowed earnings amount, and
e. for those members age seventy (70) years and over, the
earnings in excess of the maximum limit allowed
earnings from district attorneys ' offices shall be
one-half (1/2) the member 's final average salary used
in computing retirement benefits.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT OVERSIGHT, dated
02/27/2025 - DO PASS.