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Oklahoma House Bill HB2116

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2116 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 2116 By: Kannady
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3838 AS INTRODUCED
3939
4040 An Act relating to public retirement systems;
4141 amending 62 O.S. 2021, Section 3103, as last amended
4242 by Section 127, Chapter 452, O.S.L. 2 024 (62 O.S.
4343 Supp. 2024, Section 3103), which relates to the
4444 Oklahoma Pension Actuarial Analysis Act; modifying
4545 term; amending 47 O.S. 2021, Section 2 -300, as last
4646 amended by Section 1, Chapter 361, O.S.L. 2024 (47
4747 O.S. Supp. 2024, Section 2 -300), which relates to the
4848 Oklahoma Law Enforcement Retirement System; modifying
4949 term; providing for participation of certain new
5050 employees of certain agency in the Oklahoma Law
5151 Enforcement Retirement System; providing for
5252 codification; and providing effective dates.
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6262 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6363 SECTION 1. AMENDATORY 62 O.S. 2021, Section 3103, as
6464 last amended by Section 127, Chapter 452, O.S.L. 2024 (62 O.S. Supp.
6565 2024, Section 3103), is amended to read as follows:
6666 Section 3103. As used in the Oklahoma Pension Legislation
6767 Actuarial Analysis Act: RBH No. 12208
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9494 1. "Amendment" means any amendment including a substitute bill,
9595 made to a retirement bill by any committee of the House or Senate,
9696 any conference committee of t he House or Senate or by the House or
9797 Senate;
9898 2. "RB number" means that number preceded by the letters "RB"
9999 assigned to a retirement bill by the respective staffs of the
100100 Oklahoma State Senate and the Oklahoma House of Representatives when
101101 the respective staff office prepares a retirement bill for a member
102102 of the Legislature;
103103 3. "Legislative Actuary" means the firm or entity that enters
104104 into a contract with the Legislative Service Bureau pursuant to
105105 Section 452.15 of Title 74 of the Oklahoma Statutes to pr ovide the
106106 actuarial services and other duties provided for in the Oklahoma
107107 Pension Legislation Actuarial Analysis Act;
108108 4. "Nonfiscal amendment" means an amendment to a retirement
109109 bill having a fiscal impact, which amendment does not change any
110110 factor of an actuarial investigation specified in subsection A of
111111 Section 3109 of this ti tle;
112112 5. "Nonfiscal retirement bill " means a retirement bill:
113113 a. which does not affect the cost or funding factors of a
114114 retirement system,
115115 b. which affects such factors only in a manner which does
116116 not: RBH No. 12208
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143143 (1) grant a benefit increase under the retirement
144144 system affected by the bill,
145145 (2) create an actuarial accrued liability for or
146146 increase the actuarial accrued liability of the
147147 retirement system affected by the bill, or
148148 (3) increase the normal cost of the retirement system
149149 affected by the bill,
150150 c. which authorizes the purchase by an active member of
151151 the retirement system, at the actuarial cost for the
152152 purchase as computed pursuant to the statute in effect
153153 on the effective date of the measure allowing such
154154 purchase, of years of service for purposes of reaching
155155 a normal retirement date in the applicable retirement
156156 system, but which cannot be used in order to compute
157157 the number of years of service for purposes of
158158 computing the retirement benefit for the member,
159159 d. which provides for the computation of a service -
160160 connected disability retirement benefit for members of
161161 the Oklahoma Law Enforcement Retirement System
162162 pursuant to Section 2 -305 of Title 47 of the Oklahoma
163163 Statutes if the members w ere unable to complete twenty
164164 (20) years of service as a result of the disability,
165165 e. which requires membership in the defined benefit plan
166166 authorized by Section 901 et seq. of Title 74 of the RBH No. 12208
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193193 Oklahoma Statutes for persons whose first elected or
194194 appointed service occurs on or after November 1, 2018,
195195 if such persons had any prior ser vice in the Oklahoma
196196 Public Employees Retirement System prior to November
197197 1, 2015,
198198 f. which provides for a one -time increase in retirement
199199 benefits if the increase in retirement benefits is not
200200 a permanent increase in the gross annual retirement
201201 benefit payable to a member or beneficiary, occurs
202202 only once pursuant to a single statutory authorization
203203 and does not exceed:
204204 (1) the lesser of two percent (2%) of the gross
205205 annual retirement benefit of the member or One
206206 Thousand Dollars ($1,000.00) and requires th at
207207 the benefit may only be provided if the funded
208208 ratio of the affected retirement system would not
209209 be less than sixty percent (60%) but not greater
210210 than eighty percent (80%) aft er the benefit
211211 increase is paid,
212212 (2) the lesser of two percent (2%) of the gross
213213 annual retirement benefit of the member or One
214214 Thousand Two Hundred Dollars ($1,200.00) and
215215 requires that the benefit may only be provided if
216216 the funded ratio of the affected retirement RBH No. 12208
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243243 system would be greater than eighty percent (80%)
244244 but not greater than one hundred percent (100%)
245245 after the benefit increase is paid,
246246 (3) the lesser of two percent (2%) of the gross
247247 annual retirement benefit of the member or One
248248 Thousand Four Hundred Dollars ($1,400.00) and
249249 requires that the benefit may only be provided if
250250 the funded ratio of the affected retirement
251251 system would be greater than one hundred percent
252252 (100%) after the benefit increase is paid, or
253253 (4) the greater of two percent (2%) o f the gross
254254 annual retirement benefit of the volunteer
255255 firefighter or One Hund red Dollars ($100.00) for
256256 persons who retired from the Oklahoma
257257 Firefighters Pension and Retirement System as
258258 volunteer firefighters and who did not retire
259259 from the Oklahoma Fire fighters Pension and
260260 Retirement System as a paid firefighter.
261261 As used in this subparagraph, "funded ratio" means the
262262 figure derived by dividing the actuarial value of
263263 assets of the applicable retirement system by the
264264 actuarial accrued liability of the appl icable
265265 retirement system, RBH No. 12208
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292292 g. which modifies the disability pension standard fo r
293293 police officers who are members of the Oklahoma Police
294294 Pension and Retirement System as provided by Section
295295 50-115 of Title 11 of the Oklahoma Statutes,
296296 h. which provides a cos t-of-living benefit increase
297297 pursuant to the provisions of:
298298 (1) Section 49-143.7 of Title 11 of the Oklahoma
299299 Statutes,
300300 (2) Section 50-136.9 of Title 11 of the Oklahoma
301301 Statutes,
302302 (3) Section 1104K of Title 20 of the Oklahoma
303303 Statutes,
304304 (4) Section 2-305.12 of Title 47 of the Oklahoma
305305 Statutes,
306306 (5) Section 17-116.22 of Title 70 of the Oklahoma
307307 Statutes, or
308308 (6) Section 930.11 of Title 74 of the Oklahoma
309309 Statutes,
310310 i. which provides for the reinstatement of retirement
311311 benefits for members of the Oklahoma Law Enfo rcement
312312 Retirement System pursuant to Section 2 -305 of Title
313313 47 of the Oklahoma Statutes for those who were hired
314314 on or after November 1, 2012, or May 24, 2013, RBH No. 12208
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341341 j. which authorizes the purchase of military service
342342 credit as provided in Section 50 -128 of Title 11,
343343 Section 1102.2 of Title 20, Section 2 -307.4 of Title
344344 47, and Section 913.8 of Title 74 of the Oklahoma
345345 Statutes,
346346 k. which restores benefits pursuant to Sections 49 -100.1,
347347 49-101, 49-101.2, 49-106.1, 49-108, 49-117.1, and 49-
348348 135 of Title 11 of the O klahoma Statutes,
349349 l. which modifies the computation of the line -of-duty
350350 disability benefit pursuant to the provisions of this
351351 act, and
352352 m. which authorizes membership in the Oklahoma Law
353353 Enforcement Retirement System for active commissioned
354354 or CLEET-certified officers hired by the Office of the
355355 State Fire Marshal pursuant to Sections 2 and 3 of
356356 this act.
357357 A nonfiscal retirement bill shall include any retirement bill that
358358 has as its sole purpose the appropriation or distribution or
359359 redistribution of monies in some manner to a retirement system for
360360 purposes of reducing the unfunded liability of such system or the
361361 earmarking of a portion of the revenue from a tax to a retirement
362362 system or increasing the percentage of the revenue earmarked from a
363363 tax to a retirement system; RBH No. 12208
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390390 6. "Reduction-in-cost amendment" means an amendment to a
391391 retirement bill having a fiscal impact which reduces the cost of the
392392 bill as such cost is determined by the actuarial investigation for
393393 the bill prepared pursuant to Section 3109 of this title;
394394 7. "Retirement bill" means any bill or joint resolution
395395 introduced or any bill or joint resolution amended by a member of
396396 the Oklahoma Legislature which creates or amends any law directly
397397 affecting a retirement system. A retirement bill shall not mean a
398398 bill or resolution that impacts the revenue of any state tax in
399399 which a portion of the revenue generated from such tax is earmarked
400400 for the benefit of a retirement system;
401401 8. "Retirement bill having a fiscal impact " means any
402402 retirement bill creati ng or establishing a retirement system and any
403403 other retirement bill other than a nonfiscal retirement bill; and
404404 9. "Retirement system" means the Teachers' Retirement System of
405405 Oklahoma, the Oklahoma Public Employees Retirement System, the
406406 Uniform Retirement System for Justices and Judges, the Oklahoma
407407 Firefighters Pension and Reti rement System, the Oklahoma Police
408408 Pension and Retirement System, the Oklahoma Law Enforcement
409409 Retirement System, or a retirement system established after January
410410 1, 2006.
411411 SECTION 2. AMENDATORY 47 O.S. 2021, Section 2 -300, as
412412 last amended by Section 1, Chapter 361, O.S.L. 2024 (47 O.S. Supp.
413413 2024, Section 2-300), is amended to read as follows: RBH No. 12208
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440440 Section 2-300. As used in Section 2 -300 et seq. of this title :
441441 1. "System" means the Oklahoma Law Enforcement Retirement
442442 System;
443443 2. "Act" means Section 2-300 et seq. of this title;
444444 3. "Board" means the Oklahoma Law Enforcement Retirement Board
445445 of the System;
446446 4. "Executive Director" means the managing officer of the
447447 System employed by the Board;
448448 5. "Fund" means the Oklahoma Law Enforcement Retirement Fund;
449449 6. "Participating employer " means any Oklahoma entity with one
450450 or more employees who are members of the System;
451451 7. a. "Member" means:
452452 (1) all commissioned law enforcement officers of the
453453 Oklahoma Highway Patrol Division of the
454454 Department of Public Safety who have obtained
455455 certification from the Council on Law Enforcement
456456 Education and Training, and all cadets of a
457457 Patrol Academy of the Department of Public
458458 Safety,
459459 (2) law enforcement officers and criminalists of the
460460 Oklahoma State Bureau of Investigation,
461461 (3) law enforcement officers of the Oklahoma State
462462 Bureau of Narcotics and Dangerous Drugs Control
463463 designated to perform duties in the investigation RBH No. 12208
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490490 and prevention of crime and the enforcement of
491491 the criminal laws of this state,
492492 (4) law enforcement officers of the Alcoholic
493493 Beverage Laws Enforcement Commission designated
494494 to perform duties in the investigation and
495495 prevention of crime and the enforcement of the
496496 criminal laws of this state,
497497 (5) employees of the Communications Section of the
498498 Oklahoma Highway Patrol Division, radio
499499 technicians and tower technicians of the
500500 Department of Public Safety, who are employed in
501501 any such capacity as of June 30, 2008, and who
502502 remain employed on or after July 1, 2008, until a
503503 termination of service, or un til a termination of
504504 service with an election of a vested benefit from
505505 the System, or until retirement. Effective July
506506 1, 2008, a person employed for the first time as
507507 an employee of the Department of Public Safety in
508508 the Communications Division as an information
509509 systems telecommunication technician of the
510510 Department of Public Safety shall not be a member
511511 of the System,
512512 (6) park rangers of the Oklahoma Tourism and
513513 Recreation Department and any park manager or RBH No. 12208
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540540 park supervisor of the Oklahoma Tourism and
541541 Recreation Department, who was employed in such a
542542 position prior to July 1, 1985, and who elects on
543543 or before September 1, 1996, to participate in
544544 the System,
545545 (7) inspectors of the State Board of Pharmacy, and
546546 (8) active commissioned or CLEET -certified agents
547547 hired by the Office of the Attorney General or
548548 the Military Department of the State of Oklahoma
549549 on or after the effective date of this act July
550550 1, 2024, and
551551 (9) active commissioned or CLEET-certified officers
552552 hired by the Office of the State Fire Marshal
553553 hired on or after the effective date of this act .
554554 b. Effective July 1, 1987, a member does not include a
555555 "leased employee" as defined under Section 414(n)(2)
556556 of the Internal Reve nue Code of 1986, as amended.
557557 Effective July 1, 1999, any individual who agrees with
558558 the participating employer that the individual 's
559559 services are to be performed as a leased employee or
560560 an independent contractor shall not be a member
561561 regardless of any cl assification as a common -law
562562 employee by the Internal Revenue Service or any o ther RBH No. 12208
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589589 governmental agency, or any court of competent
590590 jurisdiction.
591591 c. All persons offered a position described in
592592 subparagraph a of this paragraph shall participate in
593593 the System only upon meeting the requisite post -offer-
594594 pre-employment examination standards which shall be
595595 subject to the following requirements:
596596 (1) all such persons shall be of good moral
597597 character, free from deformities, mental or
598598 physical conditions, or disease an d alcohol or
599599 drug addiction which would prohibit the person
600600 from performing the duties of a law enforcement
601601 officer,
602602 (2) the physical-medical examination shall pertain to
603603 age, sight, hearing, agility and other conditions
604604 the requirements of which shall be established by
605605 the Board,
606606 (3) the person shall be required to meet the
607607 conditions of this subsection prior to the
608608 beginning of actual employment but after an offer
609609 of employment has been tendered by a
610610 participating employer,
611611 (4) the Board shall have author ity to deny or revoke
612612 membership of any person submitting false RBH No. 12208
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639639 information in such person's membership
640640 application, and
641641 (5) the Board shall have final authority in
642642 determining eligibility for membership in the
643643 System, pursuant to the provisions of this
644644 subsection;
645645 8. "Normal retirement date " means the date at which the member
646646 is eligible to receive the unreduced payments of the member 's
647647 accrued retirement benefit. Such date shall be the first day of the
648648 month coinciding with or following the date the mem ber:
649649 a. completes twenty (20) years of vesting service, or
650650 b. attains sixty-two (62) years of age with ten (10)
651651 years of vesting service, or
652652 c. attains sixty-two (62) years of age, if:
653653 (1) the member has been transferred to this System
654654 from the Oklahoma Pu blic Employees Retirement
655655 System on or after July 1, 1981, and
656656 (2) the member would have been vested had the member
657657 continued to be a member of the Oklahoma Public
658658 Employees Retirement System.
659659 With respect to distributions under the System made for calenda r
660660 years beginning on or after January 1, 2005, the System shall apply
661661 the minimum distribution incidental benefit requirements, incidental
662662 benefit requirements, and minimum distribution requirements of RBH No. 12208
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689689 Section 401(a)(9) of the Internal Revenue Code of 1986 , as amended,
690690 in accordance with the final regulations under Section 401(a)(9) of
691691 the Internal Revenue Code of 1986, as amended, including Treasury
692692 Regulations Sections 1.401(a)(9) -1 through 1.401(a)(9) -9; provided,
693693 that for individuals who attain seventy and one-half (70 1/2) years
694694 of age after December 31, 2019, but before January 1, 2023, such
695695 distributions shall take into account that "age 70 1/2" was stricken
696696 and "age 72" was inserted in Sections 401(a)(9)(B)(iv)(I),
697697 401(a)(9)(C)(i)(I) and 401(a)(9)(C) (ii)(I) of the Internal Revenue
698698 Code of 1986, as amended, and, provided further, that for
699699 individuals who attain seventy -two (72) years of age after December
700700 31, 2022, such distributions shall take into account that "age 72"
701701 was stricken and "the applicable age", as defined in Section
702702 401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as amended,
703703 was inserted in Section 401(a)(9)(B)(iv)(I), Section
704704 401(a)(9)(C)(i)(I) and Section 401(a)(9)(C)(ii)(I) of the Internal
705705 Revenue Code of 1986, as amended, in all cases notwithstanding any
706706 provision of the System to the contrary. With respect to
707707 distributions under the System made for calendar years beginning on
708708 or after January 1, 2001, through December 31, 2004, the System
709709 shall apply the minimum distribution re quirements and incidental
710710 benefit requirements of Section 401(a)(9) of the Int ernal Revenue
711711 Code of 1986, as amended, in accordance with the regulations under
712712 Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, RBH No. 12208
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739739 which were proposed in Januar y 2001, notwithstanding any provision
740740 of the System to the contrary.
741741 Effective July 1, 1989, notwithstanding any other provision
742742 contained herein to the contrary, in no event shall commencement of
743743 distribution of the accrued retirement benefit of a member be
744744 delayed beyond April 1 of the calendar year following the later of:
745745 (1) the calendar year in which the member reaches seventy and one -
746746 half (70 1/2) years of age for a member who attains this age before
747747 January 1, 2020, or, for a member who attains this age on or after
748748 January 1, 2020, but before January 1, 2023, the calendar year in
749749 which the member reaches seventy -two (72) years of age, or effective
750750 for distributions required to be made after December 31, 2022, the
751751 calendar year in which the member rea ches seventy-three (73) years
752752 of age for an individual who attains age seventy -two (72) after
753753 December 31, 2022, or "the applicable age", as defined in Section
754754 401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as amended, if
755755 later; or (2) the actual re tirement date of the member. A member
756756 electing to defer the commencement of retirement benefits pursuant
757757 to Section 2-308.1 of this title may not defer the benefit
758758 commencement beyond the age of sixty -five (65).
759759 Effective September 8, 2009, notwithstandin g anything to the
760760 contrary of the System, the System, which as a governmental plan
761761 (within the meaning of Section 414(d) of the Internal Revenue Code
762762 of 1986, as amended), is treated as having complied with Section RBH No. 12208
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789789 401(a)(9) of the Internal Revenue Code of 1986, as amended, for all
790790 years to which Section 401(a)(9) of the Internal Revenue Code of
791791 1986, as amended, applies to the System if the System complies with
792792 a reasonable and good faith interpretation of Section 401(a)(9) of
793793 the Internal Revenue Code of 1986, as amended.
794794 A member who was required to join the System effective July 1,
795795 1980, because of the transfer of the employing agency from the
796796 Oklahoma Public Employees Retirement System to the System, and was
797797 not a member of the Oklahoma Public Employees Retirement System on
798798 the date of such transfer shall be allowed to receive credit for
799799 prior law enforcement service rendered to this state, if the member
800800 is not receiving or eligible to receive retirement credit or
801801 benefits for such service in any other p ublic retirement system,
802802 upon payment to the System of the employee contributi on the member
803803 would have been subject to had the member been a member of the
804804 System at the time, plus five percent (5%) interest. Service credit
805805 received pursuant to this paragr aph shall be used in determining the
806806 member's retirement benefit, and shall be used in determining years
807807 of service for retirement or vesting purposes;
808808 9. "Actual paid base salary " means the salary received by a
809809 member, excluding payment for any accumulat ed leave or uniform
810810 allowance. Salary shall include any amount of nonelective salary
811811 reduction under Section 414(h) of the Internal Revenue Code of 1986; RBH No. 12208
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838838 10. "Final average salary " means the average of the highest
839839 thirty (30) consecutive complete months of actual paid gross salary.
840840 Gross salary shall include any amount of elective salary reduction
841841 under Section 457 of the Internal Revenue Code of 1986, as amended,
842842 and any amount of nonelective salary reduction under Section 414(h)
843843 of the Internal Revenue Code of 1986, as amended. Effective July 1,
844844 1992, gross salary shall include any amount of elective salary
845845 reduction under Section 125 of the Internal Revenue Code of 1986, as
846846 amended. Effective July 1, 1998, gross salary shall include any
847847 amount of elective salary reduction not includable in the gross
848848 income of the member under Section 132(f)(4) of the Internal Revenue
849849 Code of 1986, as amended. Effective July 1, 1998, for purposes of
850850 determining a member 's compensation, any contribution by the member
851851 to reduce his or her regular cash remuneration under Section
852852 132(f)(4) of the Internal Revenue Code of 1986, as amended, shall be
853853 treated as if the member did not make such an election. Only salary
854854 on which required contributions have been made may be used in
855855 computing the final average salary. Gross salary shall not include
856856 severance pay.
857857 In addition to other applicable limitations, and notwithstanding
858858 any other provision to the contrary, for plan years beginning on or
859859 after July 1, 2002, the annual gross salary of each "Noneligible
860860 Member" taken into account under the System shall not exceed the
861861 Economic Growth and Tax Relief Reconciliation Act of 2001 ( "EGTRRA") RBH No. 12208
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888888 annual salary limit. The EGTRRA annual salary limit is Two Hundred
889889 Thousand Dollars ($200,00 0.00), as adjusted by the Commissioner for
890890 increases in the cost of living in accordance with Section
891891 401(a)(17)(B) of the Internal Revenue Code of 1986, as amended. The
892892 annual salary limit in effect for a calendar year applies to any
893893 period, not exceedin g twelve (12) months, over which salary is
894894 determined ("determination period ") beginning in such calendar year.
895895 If a determination period consists of fewer than twelve (12) months,
896896 the EGTRRA salary limit will be multiplied by a fraction, the
897897 numerator of which is the number of months in the determination
898898 period, and the denominator of which is twelve (12). For purposes
899899 of this section, a "Noneligible Member" is any member who first
900900 became a member during a plan year commencing on or after July 1,
901901 1996.
902902 For plan years beginning on or after July 1, 2002, any reference
903903 in the System to the annual salary limit under Section 401(a)(17) of
904904 the Internal Revenue Code of 1986, as amended, shall mean the EGTRRA
905905 salary limit set forth in this provision.
906906 Effective January 1, 2008, gross salary for a plan year shall
907907 also include gross salary, as described above, for services, but
908908 paid by the later of two and one -half (2 1/2) months after a
909909 member's severance from employment or the end of the calendar year
910910 that includes the date the member terminated employment, if it is a
911911 payment that, absent a severance from employment, would have been RBH No. 12208
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938938 paid to the member while the member continued in employment with the
939939 employer.
940940 Effective January 1, 2008, any payments not described ab ove
941941 shall not be considered gross salary if paid after severance from
942942 employment, even if they are paid by the later of two and one -half
943943 (2 1/2) months after the date of severance from employment or the
944944 end of the calendar year that includes the date of se verance from
945945 employment, except payments to an individual who does not current ly
946946 perform services for the employer by reason of qualified military
947947 service within the meaning of Section 414(u)(5) of the Internal
948948 Revenue Code of 1986, as amended, to the exte nt these payments do
949949 not exceed the amounts the individual would have received if the
950950 individual had continued to perform services for the employer rather
951951 than entering qualified military service.
952952 Effective January 1, 2008, back pay, within the meaning of
953953 Section 1.415(c)-2(g)(8) of the Income Tax Regulations, shall be
954954 treated as gross salary for the limitation year to which the back
955955 pay relates to the extent the back pay represents wages and
956956 compensation that would otherwise be included in this definition.
957957 Effective for years beginning after December 31, 2008, gross
958958 salary shall also include differential wage payments under Section
959959 414(u)(12) of the Internal Revenue Code of 1986, as amended;
960960 11. "Credited service" means the period of service used to
961961 determine the amount of benefits payable to a member. Credited RBH No. 12208
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988988 service shall consis t of the period during which the member
989989 participated in the System or the predecessor Plan as an active
990990 employee in an eligible membership classification, plus any service
991991 prior to the establishment of the predecessor Plan which was
992992 credited under the predecessor Plan and for law enforcement officers
993993 and criminalists of the Oklahoma State Bureau of Investigation and
994994 the Oklahoma State Bureau of Narcotics and Dangerous Drugs Contro l
995995 who became members of the System on July 1, 1980, any service
996996 credited under the Oklahoma Public Employees Retirement System as of
997997 June 30, 1980, and for members of the Communications and Lake Patrol
998998 Divisions of the Oklahoma Department of Public Safety, who became
999999 members of the System on July 1, 1981, any service credited under
10001000 the predecessor Plan or the Oklahoma Public Employees Retirement
10011001 System as of June 30, 1981, and for law enforcement officers of the
10021002 Alcoholic Beverage Laws Enforcement Commissio n who became members of
10031003 the System on July 1, 1982, any service credited under the Oklahoma
10041004 Public Employees Retirement System as of June 30, 1982, and for park
10051005 rangers of the Oklahoma Tourism and Recreation Department who became
10061006 members of the System on J uly 1, 1985, any service credited under
10071007 the Oklahoma Public Employees Retirement System as of June 30, 1985,
10081008 and for inspectors of the State Board of Pharmacy who became members
10091009 of the System on July 1, 1986, any service credited under the
10101010 Oklahoma Public Employees Retirement System as of June 30, 1986, for
10111011 law enforcement officers of the Oklahoma Capitol Patrol Division of RBH No. 12208
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10381038 the Department of Public Safety who became members of the System
10391039 effective July 1, 1993, any service credited under the Oklahoma
10401040 Public Employees Retirement System as of June 30, 1993, and for all
10411041 commissioned officers in the Gunsmith/Ammunition Reloader Division
10421042 of the Department of Public Safety who became members of the System
10431043 effective July 1, 1994, any service credited under the Okla homa
10441044 Public Employees Retirement System as of June 30, 1994, and for the
10451045 park managers or park supervisors of the Oklahoma Tourism and
10461046 Recreation Department who were employed in such a position prior to
10471047 July 1, 1985, and who elect to become members of the System
10481048 effective September 1, 1996, any service transferred pursuant to
10491049 subsection C of Section 2 -309.6 of this title and any service
10501050 purchased pursuant to subsection B of Section 2 -307.2 of this title.
10511051 Effective August 5, 1993, an authorized leave of abs ence shall
10521052 include a period of absence pursuant to the Family and Medical Leav e
10531053 Act of 1993;
10541054 12. "Disability" means a physical or mental condition which, in
10551055 the judgment of the Board, totally and presumably permanently
10561056 prevents the member from engaging in the usual and customary duties
10571057 of the occupation of the member and thereafter prevents the member
10581058 from performing the duties of any occupation or service for which
10591059 the member is qualified by reason of training, education or
10601060 experience. A person is not un der a disability when capable of RBH No. 12208
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10871087 performing a service to the employer, regardl ess of occupation,
10881088 providing the salary of the employee is not diminished thereby;
10891089 13. "Limitation year" means the year used in applying the
10901090 limitations of Section 415 of the In ternal Revenue Code of 1986,
10911091 which year shall be the calendar year;
10921092 14. "Line of duty" means any action which a member whose
10931093 primary function is crime control or reduction or enforcement of the
10941094 criminal law is obligated or authorized by rule, regulations,
10951095 condition of employment or service, or law to perform including
10961096 those social, ceremonial or athletic functions to which the member
10971097 is assigned, or for which the member is compensated, by the agency
10981098 the member serves;
10991099 15. "Personal injury" or "injury" means any traumatic injury as
11001100 well as diseases which are caused by or result from such an injury,
11011101 but not occupational diseases;
11021102 16. "Catastrophic nature" means consequences of an injury that
11031103 permanently prevent an individual from performing any gainful work ;
11041104 17. "Traumatic injury" means a wound or a condition of the body
11051105 caused by external force including injuries inflicted by bullets,
11061106 explosives, sharp instruments, blunt objects or other physical
11071107 blows, chemicals, electricity, climatic conditions, infectio us
11081108 diseases, radiation and bacteria, but excluding stress and strain;
11091109 and RBH No. 12208
11101110
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11361136 18. "Beneficiary" means the individual designated by the member
11371137 on a beneficiary designation form supplied by the Oklahoma Law
11381138 Enforcement Retirement System, or, if there is no desi gnated
11391139 beneficiary or if the designated beneficiary predeceases the member,
11401140 the estate of the member. If the member 's spouse is not designated
11411141 as the sole primary beneficiary, the member 's spouse must sign a
11421142 consent.
11431143 SECTION 3. NEW LAW A new section of law to be codified
11441144 in the Oklahoma Statutes as Section 2 -309.11 of Title 47, unless
11451145 there is created a duplication in numbering, reads as follows:
11461146 Commissioned or CLEET -certified officers of the Office of the
11471147 State Fire Marshal who ar e hired on or after November 1, 2025, shall
11481148 participate in and make contributions to the Oklahoma Law
11491149 Enforcement Retirement System as other participating employers and
11501150 members of the System. Such employees shall not make contributions
11511151 to any plan offered by the Oklahoma Public Employees Retirement
11521152 System, other than the Oklahoma State Employees Deferred
11531153 Compensation Plan and the Oklahoma State Employees Deferred Savings
11541154 Incentive Plan. The Office of the State Fire Marshal shall be a
11551155 participating employer in the Oklahoma Law Enforcement Retirement
11561156 System for all Office of the State Fire Marshal commissioned or
11571157 CLEET-certified officers who participate in the Oklahoma Law
11581158 Enforcement Retirement System pursuant to the provisions of this
11591159 section. RBH No. 12208
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11861186 SECTION 4. Section 1 of this act shall become effective October
11871187 1, 2025.
11881188 SECTION 5. Sections 2 and 3 of this act shall become effective
11891189 November 1, 2025.
11901190
11911191 60-1-12208 CMA 01/15/25
11921192
11931193 THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
11941194 2512 E. 71
11951195 st
11961196 Street , Suite D ∙ Tulsa, Oklahoma 74136
11971197 (918) 492-9658 ∙ (918) 492- 9659
11981198
11991199
12001200
12011201
12021202 January 16, 2025
12031203
12041204
12051205
12061206 Representative Kannady
12071207 Room 240N
12081208
12091209
12101210 Re: RBH No. 12208
12111211
12121212 RBH No. 12208 would make new CLEET active commissioned agents and
12131213 CLEET certified agents of the State Fire Marshall’s office
12141214 participants in the Oklahoma Law Enforcement Retirement System.
12151215
12161216 This act also amends OPLAAA definition of non fiscal to include the
12171217 above change.
12181218
12191219
12201220
12211221 RBH No. 122081 is a non fiscal bill as defined by O PLAAA.
12221222
12231223 I am a member of the American Academy of Actuaries and meet the
12241224 Qualification Standards of the American Academy of Actuaries to
12251225 render the actuarial opinion herein.
12261226
12271227
12281228 Thomas E. Cummins
12291229
12301230 Thomas E. Cummins, MAAA
12311231
12321232