Oklahoma 2025 Regular Session

Oklahoma House Bill HB1739 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 1739 By: Moore
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3838 AS INTRODUCED
3939
4040 An Act relating to retirement; amending 47 O.S. 2021,
4141 Sections 2-304 and 2-305, which relate to the
4242 Oklahoma Law Enforcement Retirement Sy stem; modifying
4343 employer contribution; modifying employee
4444 contribution; modifying top base salary provisions;
4545 modifying positions that receive certain benefit
4646 computation; providing that certain provisions apply
4747 to certain individuals; providing an effecti ve date;
4848 and declaring an emergency .
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5454 BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
5555 SECTION 1. AMENDATORY 47 O.S. 2021, Section 2 -304, is
5656 amended to read as follows:
5757 Section 2-304. A. The Department of Public Safety, the
5858 Oklahoma State Bureau of Investigation, the Oklahoma State Bureau of
5959 Narcotics and Dangerous Drugs Control, the Alcoholic Beverage
6060 Control Board, the Oklahoma Tourism and Recreation Department and
6161 the State Board of Pharmacy shall make contribu tions to the fund as
6262 follows:
6363 The Department of Public Safety, Oklahoma State Bureau of
6464 Investigation, Oklahoma State Bureau of Narcotics and Dangerous RBH No. 10889
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9191 Drugs Control, the Alcoholic Beverage Control Board, the Oklahoma
9292 Tourism and Recreation Department and the State Board of Pharmacy
9393 shall contribute to the fund an amount equal to eleven percent (11%)
9494 of the actual paid base salary of each member.
9595 Effective July 1, 2025, participating employers shall contribute
9696 an amount equal to a percentage of the actual p aid base salary of
9797 each member as follows:
9898 July 1, 2025 through June 30, 2026 12.5%
9999 July 1, 2026 through June 30, 2027 13.5%
100100 July 1, 2027 through June 30, 2028 14.5%
101101 July 1, 2028 through June 30, 2029 15.5%
102102 July 1, 2029 through June 30, 2030 and
103103 each year thereafter 16.5%
104104 B. Each member of the System shall make contributions to the
105105 fund in an amount equal to eight percent (8%) nine percent (9%) of
106106 the actual paid base salary of the member.
107107 Member contributions shall be deducted by each participating
108108 employer for such benefits as the Board is by law authorized to
109109 administer and shall be remitted monthly, or as the Board may
110110 otherwise provide, for deposit in the fund.
111111 C. Each employer shall pick up under the provisions of Section
112112 414(h)(2) of the Internal Re venue Code of 1986 and pay the
113113 contribution which the member is required by law to make to the
114114 System for all compensation earned after December 31, 1989. RBH No. 10889
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141141 Although the contributions so picked up are designated as member
142142 contributions, such contributions s hall be treated as contributions
143143 being paid by the employer in lieu of contrib utions by the member in
144144 determining tax treatment under the Internal Revenue Code of 1986
145145 and such picked up contributions shall not be includable in the
146146 gross income of the memb er until such amounts are distributed or
147147 made available to the member or the beneficiary of the member. The
148148 member, by the terms of this System, shall not have any option to
149149 choose to receive the contributions so picked up directly and the
150150 picked up contributions must be paid by the employer to the System.
151151 Member contributions whic h are picked up shall be treated in the
152152 same manner and to the same extent as member contributions made
153153 prior to the date on which member contributions were picked up by
154154 the participating employer. Member contributions so picked up shall
155155 be included in gross salary for purposes of determining benefits and
156156 contributions under the System.
157157 The employer shall pay the member contributions from the same
158158 source of funds used in paying s alary to the member, by effecting an
159159 equal cash reduction in gross salary of t he member.
160160 SECTION 2. AMENDATORY 47 O.S. 2021, Section 2 -305, as
161161 last amended by Section 9, Chapter 151, O.S.L. 2023 (47 O.S. Supp.
162162 2024, Section 2-305), is amended to read as follows:
163163 Section 2-305. A. Except as otherwise provided in this title,
164164 at any time after attaining normal retirement date, any member of RBH No. 10889
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191191 the Oklahoma Law Enforcement Retirement System upon application for
192192 unreduced retirement bene fits made and approved, may retire, and,
193193 during the remainder of the member 's lifetime, receive annual
194194 retirement pay, payable in equal monthly payments, equal to two and
195195 one-half percent (2 1/2%) of the final average salary times years of
196196 credited service. If such retired member is reemployed by a state
197197 agency in a position which is not covered by the System, such
198198 retired member shall continue to receive in -service distributions
199199 from the System. Prior to September 19, 2002, if such retired
200200 member was reemployed by a state agency in a position which is
201201 covered by the System, such m ember shall continue to receive in -
202202 service distributions from the System and shall not accrue any
203203 further credited service. If such a member is reemployed by a state
204204 agency in a position which is covered by the System on or after
205205 September 19, 2002, such member 's monthly retirement payments shall
206206 be suspended until such member retires and is not reemployed by a
207207 state agency in a position which is covered by the System.
208208 B. Beginning July 1, 1994, members who retired or were eligible
209209 to retire prior to July 1, 1980, or their surviving spouses shall
210210 receive annual retirement pay, payable in equal monthly payments,
211211 equal to the greater of their current retirement pay, or two and
212212 one-half percent (2 1/2%) of the actual paid gross salary being
213213 currently paid to a highway patrol officer, at the time each such RBH No. 10889
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240240 monthly retirement payment is made, multiplied by the retired
241241 member's years of credited service.
242242 C. Except as otherwise provided by this subsection, members of
243243 the System whose salary is set by statute who have retired after
244244 completion of the mandatory twenty (20) years of service, and those
245245 members with statutory salaries who retire after reaching the
246246 mandatory twenty-year retirement shall receive an annual retirement
247247 pay, payable in equal monthly installments, based upon the greater
248248 of either:
249249 1. The top base salary currently paid to the highest
250250 nonsupervisory position in the participating agency at the time each
251251 such monthly retirement payment is made, limited to the annual
252252 salary limit of the Economic Gr owth and Tax Relief Reconciliation
253253 Act of 2001, as described in paragraph 9 of Section 2 -300 of this
254254 title, multiplied by two and one -half percent (2 1/2%), multiplied
255255 by the number of years of credited service and fraction thereof for
256256 the following positions:
257257 a. Oklahoma Highway Patrolman,
258258 b. Communications Dispatcher,
259259 c. Capitol Patrolman,
260260 d. Lake Patrolman, and
261261 e. Oklahoma State Bureau of Investigation - Special Agent
262262 or Criminalist; or RBH No. 10889
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289289 2. The member's final average salary as set forth in paragraph
290290 9 of Section 2-300 of this title, multiplied by two and one -half
291291 percent (2 1/2%), and multiplied by the number of years of credited
292292 service and fraction thereof.
293293 No member of the System retired prior to July 1, 2002, shall
294294 receive a benefit less than the amount the member is receiving as of
295295 June 30, 2002.
296296 The provisions of paragraph 1 of this subsection shall not be
297297 applicable to any member whose first participating service with the
298298 System occurs on or after November 1, 2012, except for those members
299299 who died in the performance of their duties pursuant to Section 2 -
300300 306 of this title
301301 The provisions of paragraph 1 of this subsection shall include
302302 those members who died in the performanc e of their duties pursuant
303303 to Section 2-306 of this title.
304304 D. Other members of the System whose retirement benefit is not
305305 otherwise prescribed by this section who have retired after
306306 completion of the mandatory twenty (20) years of service, and those
307307 members who retire after reaching the mandatory twenty -year
308308 retirement shall receiv e an annual retirement pay, payable in equal
309309 monthly payments, based upon the greater of either:
310310 1. The actual average salary currently paid to the highest
311311 nonsupervisory positi on in the participating agency at the time each
312312 such monthly payment is made, limited to the annual salary limit of RBH No. 10889
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339339 the Economic Growth and Tax Relief Reconciliation Act of 2001, as
340340 described in paragraph 9 of Section 2 -300 of this title, multiplied
341341 by two and one-half percent (2 1/2%), multiplied by the number of
342342 years of credited service and fraction thereof for the following
343343 positions:
344344 a. Alcoholic Beverage Laws Enforcement Commission - ABLE
345345 Commission Agent III,
346346 b. Oklahoma State Bureau of Narcotics and Dangerous Drugs
347347 Control - Narcotics Agent III,
348348 c. Oklahoma Tourism and Recreation Department - Park
349349 Ranger II,
350350 d. State Board of Pharmacy - Pharmacy Inspector,
351351 e. University of Oklahoma - Police Officer, and
352352 f. Oklahoma State University - Police Officer,
353353 g. Attorney General Agent, and
354354 h. Military Department Police Officer ; or
355355 2. The other member's final average salary as set forth in
356356 paragraph 9 of Section 2 -300 of this title, multiplied by two and
357357 one-half percent (2 1/2%), multiplied by the number of ye ars of
358358 credited service and fraction thereof.
359359 No member of the System retired prior to July 1, 2002, shall
360360 receive a benefit less than the amount the member is receiving as of
361361 June 30, 2002. The participating employer must certify to the
362362 System in writing the actual average gross salary currently paid to RBH No. 10889
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389389 the highest nonsupervisory position. The Board of Trustees shall
390390 promulgate such rules as are necessary to implement the provisions
391391 of this section.
392392 The provisions of paragraph 1 of this subsection shall not be
393393 applicable to any member whose first participating service with the
394394 System occurs on or after May 24, 2013, except for those members who
395395 died in the performance of their duties pursuant to Section 2 -306 of
396396 this title
397397 The provisions of paragraph 1 of this subsection shall include
398398 those members who died in the performance of th eir duties pursuant
399399 to Section 2-306 of this title.
400400 E. A member who meets the definition of disability as defined
401401 in paragraph 11 of Section 2 -300 of this title by direct reason of
402402 the performance of the member 's duties as an officer shall receive a
403403 monthly benefit equal to:
404404 1. Two and one-half percent (2 1/2%);
405405 2. Multiplied by:
406406 a. twenty (20) years of credited service, if the member
407407 had performed less than twenty (20) years o f credited
408408 service, notwithstanding the actual number of years of
409409 credited service performed by the member prior to the
410410 date of disability, or
411411 b. the actual number of years of credited service and
412412 fraction thereof performed by the member prior to the RBH No. 10889
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439439 date of disability, if the member had performed twenty
440440 (20) or more years of credited service;
441441 3. Multiplied by the greater of subparagraph a of this
442442 paragraph and division 1 of subparagraph b of this paragraph or
443443 division 2 of subparagraph b of this paragraph , as applicable:
444444 a. the final average salary of the member, as set forth
445445 in paragraph 9 of Section 2 -300 of this title, and
446446 b. (1) the top base salary currently paid to the highest
447447 nonsupervisory position in the participating
448448 agency of the member at the ti me each monthly
449449 payment is made, limited to the annual salary
450450 limit of the Economic Growth and Tax Relief
451451 Reconciliation Act of 2001 described in paragraph
452452 9 of Section 2-300 of this title, for the
453453 following positions:
454454 (a) Oklahoma Highway Patrolman,
455455 (b) Communications Dispatcher,
456456 (c) Capitol Patrolman,
457457 (d) Lake Patrolman, and
458458 (e) Oklahoma State Bureau of Investigation -
459459 Special Agent or Criminalist,
460460 Provided, the participating employer must certify to the System
461461 in writing the top base salary currently pai d to the highest RBH No. 10889
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488488 nonsupervisory position for division (1) of subparagraph b of this
489489 paragraph, or
490490 (2) the actual average salary currently paid to the
491491 highest nonsupervisory position in the
492492 participating agency of the member at the time
493493 each monthly payment is made, limited to the
494494 annual salary limit of the Economic Growth and
495495 Tax Relief Reconciliation Act of 2001, described
496496 in paragraph 9 of Section 2 -300 of this title,
497497 for the following positions:
498498 (a) Alcoholic Beverage Laws Enforcement (ABLE)
499499 Commission - ABLE Commission Agent III,
500500 (b) Oklahoma State Bureau of Narcotics and
501501 Dangerous Drugs Control - Narcotics Agent
502502 III,
503503 (c) Oklahoma Tourism and Recreation Department -
504504 Park Ranger II,
505505 (d) State Board of Pharmacy - Pharmacy
506506 Inspector,
507507 (e) University of Oklahoma - Police Officer, and
508508 (f) Oklahoma State University - Police Officer,
509509 (g) Attorney General Agent , and
510510 (h) Military Department Police Officer, RBH No. 10889
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537537 Provided, the participating employer must certify to the System
538538 in writing the actual average gross salary cur rently paid to the
539539 highest nonsupervisory position for division (2) of subparagraph b
540540 of this paragraph;
541541 4. No member of the System receiving benefits prescribed by
542542 this subsection who retired prior to July 1, 2002, shall receive a
543543 benefit of less than th e amount the member was receiving as of June
544544 30, 2002;
545545 5. The Board of Truste es shall promulgate rules as necessary to
546546 implement the provisions of this subsection; and
547547 6. If such member participates in the Oklahoma Law Enforcement
548548 Deferred Option Plan pu rsuant to Section 2-305.2 of this title, then
549549 such member's disability pension provided pursuant to this
550550 subsection shall be reduced to account for such member 's
551551 participation in the Oklahoma Law Enforcement Deferred Option Plan.
552552 F. A member who meets the definition of disability as defined
553553 in paragraph 11 of Section 2 -300 of this title and whose disability
554554 is by means of personal and traumatic injury of a catastrophic
555555 nature and in the line of duty, shall receive a monthly benefit
556556 equal to:
557557 1. Two and one-half percent (2 1/2%);
558558 2. Multiplied by:
559559 a. twenty (20) years of service, regardless of the actual
560560 number of years of credited service performed by the RBH No. 10889
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587587 member prior to the date of disability, if the member
588588 had performed less than twenty (20) years of se rvice,
589589 or
590590 b. the actual number of years of service performed by the
591591 member if the member had performed twenty (20) or more
592592 years of service;
593593 3. Multiplied by a final average salary equal to:
594594 a. the salary which the member would have received
595595 pursuant to statutory salary schedules in effect upon
596596 the date of the disability for twenty (20) years of
597597 service prior to disability. The final average salary
598598 for a member who performed less than twenty (20) years
599599 of service prior to disability shall be computed
600600 assuming that the member was paid the highest salary
601601 allowable pursuant to the law in effect at the time of
602602 the member's disability based upon twenty (20) years
603603 of service and with an assumption that the member was
604604 eligible for any and all increases in pay bas ed upon
605605 rank during the entire period. If the salary of a
606606 member is not prescribed by a specific salary schedule
607607 upon the date of the member 's disability, the final
608608 average salary for the member shall be computed by the
609609 member's actual final average salar y or the highest
610610 median salary amount for a member whose salary was RBH No. 10889
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637637 prescribed by a specific salary schedule upon the date
638638 of the member's disability, whichever final average
639639 salary amount would be greater, or
640640 b. the actual final average salary of the memb er if the
641641 member had performed twenty (20) or more years of
642642 service prior to disability.
643643 If such member participates in the Oklahoma Law Enforcement
644644 Deferred Option Plan pursuant to Section 2 -305.2 of this title, such
645645 member's disability pension provided p ursuant to this subsection
646646 shall be adjusted as provided in Section 2 -305.2 of this title to
647647 account for such member 's participation in the Oklahoma Law
648648 Enforcement Deferred Option Plan.
649649 G. A member who meets the definition of disability as defined
650650 in Section 2-300 of this title and whose disability occurred prior
651651 to the member's normal retirement date but after completing three
652652 (3) years of vesting service and not by reason of the performance of
653653 the member's duties or as a result of the member 's willful
654654 negligence shall receive a monthly benefit equal to two and one -half
655655 percent (2 1/2%) of final average salary multiplied by the number of
656656 years of the member's credited service.
657657 H. Payment of a disability pension shall commence as of the
658658 first day of the month coinciding or next following the date of
659659 retirement and shall continue as long as the member meets the RBH No. 10889
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686686 definition of total and permanent disability provided in this
687687 section.
688688 I. For the purpose of determining the member 's disability under
689689 subsection E, F or G of this section, the member shall be required
690690 by the Board to be exam ined by a minimum of two recognized
691691 physicians selected by the Board to determine the extent of the
692692 member's injury or illness. The examining physicians shall furnish
693693 the Board a detailed written report of the injury or illness of the
694694 examined member establishing the extent of disability and the
695695 possibilities of the disabled member being returned to his or her
696696 regular duties or an alternate occupation or service covered by the
697697 System after a normal recuperation period. The Board shall require
698698 all retired disabled members who have not attained their normal
699699 retirement date to submit to a physical examination once each year
700700 for a minimum of three (3) years following retirement. The Board
701701 shall select a minimum of two physicians to examine the retired
702702 members and pay for their services from the fund. Any retired
703703 disabled member found no longer disabled by the examining physicians
704704 to perform the occupation of the member or an alterna te occupation
705705 or service covered by the System shall be required to return to duty
706706 and complete twenty (20) years of service as provided in subsection
707707 A of this section, or forfeit all his or her rights and claims under
708708 Section 2-300 et seq. of this title. RBH No. 10889
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735735 J. The disability benefit under this section shall be for the
736736 lifetime of the member unless such member is found no longer
737737 disabled pursuant to subsection I of this section. Such member
738738 shall not be entitled to the retirement benefit pursuant to
739739 subsection A of this section unless such member returns to active
740740 duty and is eligible for a retirement benefit as provided in
741741 subsection A of this section.
742742 K. At the postoffer, preemployment physical examination
743743 required under paragraph 6 of Section 2 -300 of this title, the
744744 physician selected by the Board shall determine the extent to which
745745 a new member is disabled. If a member is determined to be partially
746746 disabled, the physician shall assign a percentage of disability to
747747 such partial disability. If such memb er then becomes entitled to a
748748 disability benefit under either subsection E or subsection G of this
749749 section, the benefit payable shall be reduced by the percentage
750750 which such member was determined to be disabled at the postoffer,
751751 preemployment physical unle ss the Board makes a determination that
752752 the initially determined percentage of disability at the
753753 preemployment physical examination is unrelated to the reason for
754754 the disability currently sought pursuant to subsection E or
755755 subsection G of this section. Up on employment, the member shall
756756 disclose to the Board any disability payments received from any
757757 source. The amount of disability to be paid to any member cannot
758758 exceed one hundred percent (100%) disability from all sources. The RBH No. 10889
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785785 provisions of this subsect ion shall apply only to members whose
786786 effective date of membership is on or after July 1, 2000.
787787 L. In addition to the pension provided for under subsection F
788788 of this section, if the member has one or more children under the
789789 age of eighteen (18) years or u nder the age of twenty -two (22) years
790790 if the child is enrolled full -time in and is regularly attending a
791791 public or private school or any institution of higher education,
792792 Four Hundred Dollars ($400.00) a month shall be paid from the Fund
793793 for the support of each surviving child to the member or person
794794 having the care and custody of such children until each child
795795 reaches the age of eighteen (18) years or reaches the age of twenty -
796796 two (22) years if the child is enrolled full -time in and is
797797 regularly attending a public or private school or any institution of
798798 higher education.
799799 M. Notwithstanding any other provisions in Section 2 -300
800800 through 2-315 of this title, in order to be eligible to receive
801801 disability benefits, a member who meets the definition of disability
802802 as defined in paragraph 11 of Section 2 -300 of this title shall file
803803 the member's completed application for disability benefits with the
804804 System before such member 's date of termination from service and
805805 provide such additional information that the System 's rules require
806806 within six (6) months of the System 's receipt of such applicati on.
807807 If the member's completed application for disability benefits is not
808808 filed with the System before the member 's date of termination from RBH No. 10889
809809
810810 Req. No. 10889 Page 17 1
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835835 service or such additional informatio n as is required under the
836836 System's rules is not provided within six (6) months of the System 's
837837 receipt of such application, such member shall be eligible only for
838838 such other benefits as are available to members of the System and
839839 shall not be eligible to r eceive any disability benefits. For good
840840 cause shown, the Board of Trustees m ay waive the requirement that
841841 the disability application be filed before the member 's date of
842842 termination from service. In no event shall a member be eligible to
843843 receive any disability benefit if the member 's completed application
844844 is filed more than six (6) months after the member 's date of
845845 termination from service.
846846 N. If the requirements of Section 2 -305.1C of this title are
847847 satisfied, a member who, by reason of disability or a ttainment of
848848 normal retirement date or age, is separated from service as a pub lic
849849 safety officer with the member 's participating employer may elect to
850850 have payment made directly to the provider for qualified health
851851 insurance premiums by deduction from his or her monthly disability
852852 benefit or monthly retirement payment, after December 31, 2006, in
853853 accordance with Section 402(l) of the Internal Revenue Code of 1986,
854854 as amended. For distributions made after December 29, 2022, the
855855 election provided for under S ection 402(l) of the Internal Revenue
856856 Code of 1986, as amended, may be made wh ether payment of the
857857 premiums is made directly to the provider of the accident or health RBH No. 10889
858858
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884884 plan or qualified long -term care insurance contract by deduction
885885 from a distribution from the System or is made to the member.
886886 SECTION 3. This act shall become effective July 1, 2025.
887887 SECTION 4. It being immediately necessary for the preservation
888888 of the public peace, health or safety, an emergency is hereby
889889 declared to exist, by reason whereof this act shall take effect and
890890 be in full force from and after its passage and approval.
891891
892892 60-1-10889 CMA 12/27/24
893893
894894 THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
895895 2512 E. 71
896896 st
897897 Street , Suite D ∙ Tulsa, Oklahoma 74136
898898 (918) 492-9658 ∙ (918) 492- 9659
899899
900900
901901
902902
903903 January 9, 2025
904904
905905
906906
907907 Representative Moore
908908 Room 406S
909909
910910
911911 Re: RBH No. 10889
912912
913913 RBH No. 10889 increases the participating employers’ contribution
914914 rates to
915915 7/01/2025: 12,5%
916916 7/01/2026: 13.5%
917917 7/01/2027: 14.5%
918918 7/01/2018: 15.5 %
919919
920920 Participant contribution rate increases to 9% from 8%.
921921
922922 Attorney General Agents and Military Department police are included
923923 in the base pay minimum retirement provision.
924924
925925 RBH No. 10889 is a fiscal bill as defined by OPLAAA. Including
926926 Attorney General Agents and Military Department police in the base
927927 pay minimum retirement benefit increases the Normal Cost and Accrued
928928 Actuarial Liability.
929929
930930
931931 I am a member of the American Academy of Actuaries and meet the
932932 Qualification Standards of the American Academy of Actuaries to
933933 render the actuarial opinion herein.
934934
935935
936936 Thomas E. Cummins
937937
938938 Thomas E. Cummins, MAAA
939939
940940