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ENGROSSED HOUSE
BILL NO. 2136 By: Burns of the House
and
Gollihare of the Senate
An Act relating to militia; creating the Oklahoma
National Guard Supplemental Retirement Pay Revolving
Fund; providing for funding applicability and
eligibility requirements; determining qualifying
payment amounts; 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 271 of Title 44, unless there is
created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Military Department to be designated the "Oklahoma
National Guard Supplemental Retirement Pay Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Oklahoma Military Department from funds provided by law. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Oklahoma Military Department for the
purpose of implementing the provisions of Section 2 of this act.
Expenditures from said fund shall be made upon warrants issued by
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the State Treasurer against claims filed as prescribed by law with
the Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 272 of Title 44, unless there is
created a duplication in numbering, reads as follows:
A. The provisions of this section shall not be operative and no
payments shall be made from the Oklahoma National Guard Supplemental
Retirement Pay Revolving Fund until November 1, 2027.
B. The provisions of this section shall only be applicable to a
member of the Oklahoma National Guard who has accrued enough service
credit prior to the effective date of this act in order to retire
from the system maintained by the Defense Finance and Accounting
Service, or its successor in interest, for the benefit of members of
state National Guards, but who has not attained the required age
prior to the effective date of this act in order to be paid the full
amount of such benefit. No member of the Oklahoma National Guard
shall be eligible to receive a payment pursuant to the provisions of
this section unless the member has completed twenty -five (25) years
of military service and retires as a member of the Oklahom a National
Guard.
C. The provisions of this section shall not be applicable to
any person who retires with an active duty military pension.
D. The amount of the payment shall be determined as follows:
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1. Determine the amount of retirement the member wou ld receive
if the member had reached the age to accrue federal retirement
benefits;
2. If the members of the a ctive duty military retirement system
were eligible for a cost -of-living adjustment for the year for which
the computation of the payment amount authorized by this section is
to be made, the cost -of-living adjustment amount in an annualized
form shall be added to the result of the computation in paragraph 1
of this subsection each year; and
3. The resulting amount shall be paid to the Oklahoma Nat ional
Guard member in twelve equal monthly amounts with allowance as
required for rounding.
E. Any benefit payable to an eligible member of the Oklahoma
National Guard shall only be payable during the member's lifetime,
and no benefit authorized pursuant to the provisions of this section
shall be payable to a beneficiary other than amounts paid to a
member prior to the member's death which are payable to another
person pursuant to the provisions of a joint tenancy bank account
with a right of survivorship naming a person or persons as
beneficiary, a bank account with a transfer on death or payable on
death feature, an express trust, including, but not limited to, a
trust created by the payee member during his or her lifetime, a will
or the statute of intest ate succession for distribution of the
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assets of a person who does not otherwise provide for the
disposition of his or her assets after death.
F. The payment otherwise authorized pursuant to the provisions
of this act may only be made to a person who has become eligible to
receive retirement benefits from the retirement system under the
supervision of the Defense Finance and Accounting Service, or its
successor in interest, as of the date the first payment pursuant to
this act is authorized.
G. The payments authorized by this section shall be paid to the
eligible member until the member begins to receive federal
retirement benefits from the Defense Finance and Accounting Service,
or its successor in interest, but shall not be paid for any period
of time after such time period.
H. In the event the funds required for full payment to all
eligible members pursuant to the provisions of this section are not
sufficient, the payments to the eligible members shall be prorated
by dividing the total number of eligibl e members by the total amount
of available funds. The resulting quotient shall be multiplied by
the payment amount otherwise due to the eligible member and the
result of that computation shall be the reduced dollar amount paid
to each member for the appli cable period. For any period of time
during which payments are prorated pursuant to this subsection, the
next increment of available funds shall be used to make payments to
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the eligible members whose payment amounts were prorated to
compensate for the red uction made in the prior payment period.
SECTION 3. This act shall become effective November 1, 2025.
Passed the House of Representatives the 10th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate