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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 26 By: Bullard
AS INTRODUCED
An Act relating to the Teachers’ Retirement System of
Oklahoma; amending 70 O.S. 2021, Section 17 -116.10,
as amended by Section 9, Chapte r 300, O.S.L. 2024 (70
O.S. Supp. 2024, Section 17 -116.10), which relates to
postretirement employment; authorizing certain
postretirement employment for certain time period
with no earnings limitation ; updating statutory
language; updating statutory refer ences; providing an
effective date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 17 -116.10,
as amended by Section 9, Chapter 300, O.S.L. 2024 (70 O.S. Supp.
2024, Section 17-116.10), is amended to read as follows:
Section 17-116.10. A. Subject to the requirements of Section
6-101.2 of this title and any other applicable requirements of law,
a member may enter into postretirement employme nt with a public
school of Oklahoma and still receive monthly retirement bene fits
subject to the following limitations:
1. A retired member is not eligible to be employed by the
public schools of Oklahoma, in any capacity, for sixty (60) calendar
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days between the retiree’s last day of preretirement public
education employment and any postretirement public education
employment. For purposes of this section, the term “last day of
preretirement public education employment” shall mean the last day
the employee is required to be physically present on the job to
complete the terms of th e employment contract or agreement or the
member’s effective retirement date, whichever is later. 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 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 retir ement
benefits received during the period;
2. For thirty-six (36) months following a member’s effective
retirement date, the retired member shall be subject to earnings
limitations on allowable earnings. Earnings limits are determined
annually based on a calendar year. For retired members under the
age of sixty-two (62) years, allowed earnings from the public
schools of Oklahoma for employment for the performance of duties
ordinarily performed by classified or nonclassified optional
personnel shall be li mited to one-half (1/2) of the member ’s final
average salary used in computin g retirement benefits or the earnings
limit allowed by the Social Security Administration for those under
Social Security’s normal retirement age, whichever is less. For
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retired members sixty-two (62) years of age or older, allowed
earnings from the public schools of Oklahoma for the performance of
duties ordinarily performed by classified or nonclassified personnel
shall be limited to Thirty Thousand Dollars ($30,000.00) or one -half
(1/2) of the member’s final average salary used in computing
retirement benefits, whichever is less. For purposes of this
paragraph, the following shall apply:
a. earnings shall mean regular annual compensation as
defined in paragraph 23 of Section 17 -101 of this
title, and shall include any payment by a public
school for services rendered by a retired member who
is employed for any purpose whatsoever. Supplemental
retirement payments paid by a former public school
employer pursuant to subsection N of Section 17-105 of
this title or other state law shall not be considered
as earnings,
b. 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
the public schools of Oklahoma, and
c. earnings in excess of the maximum limit on allowed
earnings from public schools of Oklahoma shall result
in a loss of retirement benefits of One Dollar ($1.00)
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for each One Dollar ($1.00) earned over the maximum
allowed earnings amount;
3. Notwithstanding paragraph 2 of this subsection ,:
a. for a period of three (3) years beginning July 1,
2017, members who have retired as of July 1, 2017, as
active classroom teachers, who have been retired and
receiving a benefit for at least one (1) year, and who
have not been employed by any public school during
that one-year period, shall be eligible to be
reemployed as an active classroom teacher in common or
career tech school districts, wi th no limitations on
earnings.,
b. For for a period of three (3) years beginn ing July 1,
2021, members who have retired as of July 1, 2020, who
have been retired and receiving a benefit for at least
one (1) year, and who have not been employed by any
public school during that one -year period, shall be
eligible to be reemployed as an active classroom
teacher in common or career tech school districts,
with no limitations on earnings. The one -year period
starts with the retiree ’s last day of preretirement
public education employment. Members returning under
this section subparagraph shall not be subject to any
earnings limitations following the end of the three -
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year periods described in this paragraph subparagraph.
Members returning under this section subparagraph
shall only be employed pursuant to a temporary
contract, and
c. a member who has been retired and has received
benefits for at least ninety (90) days shall be
eligible to be reemployed as an active classroom
teacher in common or career tech school d istricts with
no limitations on earnings for a period of three (3)
years following the effective date of this act.
Provided, a retiree who is reemployed under this
subparagraph may not be employed as an active
classroom teacher in common or career tech sc hool
districts during the ninety -day period prior to
reemployment. The ninety-day period shall commence on
the date of the retiree ’s last day of preretirement
public education employment ; and
4. A member shall be considered to be employed by a school
district to perform the duties ordinarily performed by classified or
nonclassified optional personnel if the member is hired by the
school district in the member ’s individual capacity to perform the
duties or if the member performs the duties through employme nt with
a proprietorship, partnership, corporation, limited liability
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company or partnership, or any other business structure that has
agreed or contracted to provide the services to the school district.
B. A public school district that employs a retired member shall
be required to make contributions to the Teachers’ Retirement System
of Oklahoma for the retired member in an amount as required in
Section 17-108.1 and in paragraph 3 of subsection B of Section 17 -
116.2 of this title.
C. For purposes of this section, postretirement employment of
less than one thousand (1,000) hours per year with the Governor, the
Oklahoma State Senate, the Oklahoma House of Representatives or the
Legislative Service Bureau shall not be considered as postretirement
employment with a public school of Oklahoma.
D. The Board of Trustees of the Teachers ’ Retirement System of
Oklahoma shall promulgate such rules as are necessary to implement
the provisions of this section.
E. A member who has entered into postretirement employment with
a participating employer of the Teachers ’ Retirement System of
Oklahoma must fully comply with all the provisions of the rules
promulgated by the Board of Trustees pursuant to this section in
order to continue receiving the member ’s monthly retirement benefit.
SECTION 2. This act shall become effective July 1 , 2025.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-923 RD 12/16/2024 9:35:48 AM