RBH No. 13077
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ENGROSSED HOUSE
BILL NO. 1729 By: Moore of the House
and
Weaver of the Senate
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 retired district attorney or assistant district attorney may
enter into postretirement employment with a district attorney 's
office or the Oklahoma Indigent Defense System and receive monthly
retirement benefits subject to the following limitatio ns:
1. A retired district attorney or assistant district attorney
is not eligible to be employed within a district attorney 's office
or the Oklahoma Indigent Defense System , 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 RBH No. 13077
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section, the term "last day of preretirement employment " shall mean
the last day the employee is required to be physically prese nt on
the job to complete the terms of the empl oyment contract or
agreement. An employee on paid leave is still considered to be
employed for purposes of this section. Employment under any
conditions during this time, volunteer services for the purpose o f
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, earn ings from
employment undertaken pursuant to thi s 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, which ever is less.
For retired members under the age of sixty -two (62) years, the limit
on allowed earnings from a district attorney 's office or the
Oklahoma Indigent Defense System for employment for the performance
of duties ordinarily performed by classifie d or nonclassified
personnel shall be the lesse r 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 Adminis tration would be greater than
Twenty-five Thousand Dollars ($25,000.00). For retired members RBH No. 13077
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sixty-two (62) years of age or older, the limit on allowed earnings
from district attorneys ' offices or the Oklahoma Indigent Defense
System for the performance o f duties ordinarily performed by
classified 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 earnings from di strict attorneys'
offices or the Oklahoma Indigent Defense System shall
be automatically adjusted effective the first day of
January of each year to reflect the current earnings
limitation for employees as det ermined 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 rec eive payments from
district attorneys' offices or the Oklahoma Indigent
Defense System, RBH No. 13077
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d. earnings in excess of the maximum limit on allowed
earnings from district attorneys ' offices or the
Oklahoma Indigent Defense System 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 or the
Oklahoma Indigent Defense System shall be one-half
(1/2) the member's final average salary used in
computing retirement benefits.
SECTION 2. This act shall bec ome effective November 1, 2025.
Passed the House of Representatives the 27th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate