| 45 | 64 | | |
|---|
| 46 | 65 | | An Act relating to the Teachers’ Retirement System of |
|---|
| 47 | 66 | | Oklahoma; amending 70 O.S. 2021, Section 17 -116.10, |
|---|
| 48 | 67 | | as amended by Section 9, Chapte r 300, O.S.L. 2024 (70 |
|---|
| 49 | 68 | | O.S. Supp. 2024, Section 17 -116.10), which relates to |
|---|
| 50 | 69 | | postretirement employment; authorizing certain |
|---|
| 51 | 70 | | postretirement employment for certain time period |
|---|
| 57 | 74 | | |
|---|
| 58 | 75 | | |
|---|
| 59 | 76 | | |
|---|
| 60 | 77 | | |
|---|
| 61 | 78 | | |
|---|
| 62 | 79 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
|---|
| 63 | 80 | | SECTION 1. AMENDATORY 70 O.S. 2021, Section 17 -116.10, |
|---|
| 64 | 81 | | as amended by Section 9, Chapter 300, O.S.L. 2024 (70 O.S. Supp. |
|---|
| 65 | 82 | | 2024, Section 17-116.10), is amended to read as follows: |
|---|
| 66 | 83 | | Section 17-116.10. A. Subject to the requirements of Section |
|---|
| 67 | 84 | | 6-101.2 of this title and any other applicable requirements of law, |
|---|
| 99 | 141 | | days between the retiree’s last day of preretirement public |
|---|
| 100 | 142 | | education employment and any postretirement public education |
|---|
| 101 | 143 | | employment. For purposes of this section, the term “last day of |
|---|
| 102 | 144 | | preretirement public education employment” shall mean the last day |
|---|
| 103 | 145 | | the employee is required to be physically present on the job to |
|---|
| 104 | 146 | | complete the terms of th e employment contract or agreement or the |
|---|
| 105 | 147 | | member’s effective retirement date, whichever is later. An employee |
|---|
| 106 | 148 | | on paid leave is still considered to be employed for purposes of |
|---|
| 107 | 149 | | this section. Employment under any conditions during this time, |
|---|
| 108 | 150 | | volunteer services for the purpose of obtaining a paid position at a |
|---|
| 109 | 151 | | later date, or payment at a later time for services performed during |
|---|
| 110 | 152 | | this time period shall cause the forfeiture of all retir ement |
|---|
| 111 | 153 | | benefits received during the period; |
|---|
| 112 | 154 | | 2. For thirty-six (36) months following a member’s effective |
|---|
| 113 | 155 | | retirement date, the retired member shall be subject to earnings |
|---|
| 114 | 156 | | limitations on allowable earnings. Earnings limits are determined |
|---|
| 115 | 157 | | annually based on a calendar year. For retired members under the |
|---|
| 116 | 158 | | age of sixty-two (62) years, allowed earnings from the public |
|---|
| 117 | 159 | | schools of Oklahoma for employment for the performance of duties |
|---|
| 149 | 216 | | retired members sixty-two (62) years of age or older, allowed |
|---|
| 150 | 217 | | earnings from the public schools of Oklahoma for the performance of |
|---|
| 151 | 218 | | duties ordinarily performed by classified or nonclassified personnel |
|---|
| 152 | 219 | | shall be limited to Thirty Thousand Dollars ($30,000.00) or one -half |
|---|
| 153 | 220 | | (1/2) of the member’s final average salary used in computing |
|---|
| 154 | 221 | | retirement benefits, whichever is less. For purposes of this |
|---|
| 155 | 222 | | paragraph, the following shall apply: |
|---|
| 156 | 223 | | a. earnings shall mean regular annual compensation as |
|---|
| 157 | 224 | | defined in paragraph 23 of Section 17 -101 of this |
|---|
| 158 | 225 | | title, and shall include any payment by a public |
|---|
| 159 | 226 | | school for services rendered by a retired member who |
|---|
| 160 | 227 | | is employed for any purpose whatsoever. Supplemental |
|---|
| 161 | 228 | | retirement payments paid by a former public school |
|---|
| 162 | 229 | | employer pursuant to subsection N of Section 17-105 of |
|---|
| 163 | 230 | | this title or other state law shall not be considered |
|---|
| 164 | 231 | | as earnings, |
|---|
| 165 | 232 | | b. the earnings limit for the calendar year in which a |
|---|
| 166 | 233 | | member retires shall be one -twelfth (1/12) of the |
|---|
| 199 | 291 | | for each One Dollar ($1.00) earned over the maximum |
|---|
| 200 | 292 | | allowed earnings amount; |
|---|
| 201 | 293 | | 3. Notwithstanding paragraph 2 of this subsection ,: |
|---|
| 202 | 294 | | a. for a period of three (3) years beginning July 1, |
|---|
| 203 | 295 | | 2017, members who have retired as of July 1, 2017, as |
|---|
| 204 | 296 | | active classroom teachers, who have been retired and |
|---|
| 205 | 297 | | receiving a benefit for at least one (1) year, and who |
|---|
| 206 | 298 | | have not been employed by any public school during |
|---|
| 207 | 299 | | that one-year period, shall be eligible to be |
|---|
| 208 | 300 | | reemployed as an active classroom teacher in common or |
|---|
| 209 | 301 | | career tech school districts, wi th no limitations on |
|---|
| 210 | 302 | | earnings., |
|---|
| 211 | 303 | | b. For for a period of three (3) years beginn ing July 1, |
|---|
| 212 | 304 | | 2021, members who have retired as of July 1, 2020, who |
|---|
| 213 | 305 | | have been retired and receiving a benefit for at least |
|---|
| 214 | 306 | | one (1) year, and who have not been employed by any |
|---|
| 215 | 307 | | public school during that one -year period, shall be |
|---|
| 216 | 308 | | eligible to be reemployed as an active classroom |
|---|
| 253 | | - | c. a member who has retired and has received benefits for |
|---|
| 254 | | - | at least ninety (90) days shall be eligible to be |
|---|
| 255 | | - | reemployed as an active classroom teacher in common or |
|---|
| 256 | | - | career tech school districts with no limitations on |
|---|
| 257 | | - | earnings for a period of three (3) years following the |
|---|
| 258 | | - | effective date of this act. Provided, a retiree who |
|---|
| 259 | | - | is reemployed under this subparagraph may not be |
|---|
| 260 | | - | employed as an active classroom teacher in common or |
|---|
| 261 | | - | career tech school districts during the ninety -day |
|---|
| 262 | | - | period prior to reemployment. The ninety -day period |
|---|
| 263 | | - | shall commence on the date of the retiree ’s last day |
|---|
| 264 | | - | of preretirement public education employment. |
|---|
| 265 | | - | Provided further, and notwithstanding a fee of three |
|---|
| 266 | | - | percent (3%) remitted to the retirement system from |
|---|
| 267 | | - | the employee’s check each pay period, the employ ee RBS No. 1630 |
|---|
| 370 | + | c. a member who has been retired and has received |
|---|
| 371 | + | benefits for at least ninety (90) days shall be |
|---|
| 372 | + | eligible to be reemployed as an active classroom |
|---|
| 373 | + | teacher in common or career tech school d istricts with |
|---|
| 374 | + | no limitations on earnings for a period of three (3) |
|---|
| 375 | + | years following the effective date of this act. |
|---|
| 376 | + | Provided, a retiree who is reemployed under this |
|---|
| 377 | + | subparagraph may not be employed as an active |
|---|
| 378 | + | classroom teacher in common or career tech sc hool |
|---|
| 379 | + | districts during the ninety -day period prior to |
|---|
| 380 | + | reemployment. The ninety-day period shall commence on |
|---|
| 381 | + | the date of the retiree ’s last day of preretirement |
|---|
| 382 | + | public education employment ; and |
|---|
| 383 | + | 4. A member shall be considered to be employed by a school |
|---|
| 384 | + | district to perform the duties ordinarily performed by classified or |
|---|
| 385 | + | nonclassified optional personnel if the member is hired by the |
|---|
| 386 | + | school district in the member ’s individual capacity to perform the |
|---|
| 387 | + | duties or if the member performs the duties through employme nt with |
|---|
| 388 | + | a proprietorship, partnership, corporation, limited liability |
|---|
| 389 | + | RBS No. 923 |
|---|
| 294 | | - | shall not receive additional retirement benefits |
|---|
| 295 | | - | during the postretirement employment period under this |
|---|
| 296 | | - | subparagraph; and |
|---|
| 297 | | - | 4. A member shall be considered to be employed by a school |
|---|
| 298 | | - | district to perform the duties ordinarily performed by classified or |
|---|
| 299 | | - | nonclassified optional personnel if the member is hired by the |
|---|
| 300 | | - | school district in the member ’s individual capacity to perform the |
|---|
| 301 | | - | duties or if the member performs the dut ies through employment with |
|---|
| 302 | | - | a proprietorship, partnership, corporation, limited liabilit y |
|---|
| 303 | 440 | | company or partnership, or any other business structure that has |
|---|
| 304 | 441 | | agreed or contracted to provide the services to the school district. |
|---|
| 305 | 442 | | B. A public school district that employs a retired member shall |
|---|
| 306 | 443 | | be required to make contributions to the Teachers’ Retirement System |
|---|
| 307 | 444 | | of Oklahoma for the retired member in an amount as required in |
|---|
| 308 | 445 | | Section 17-108.1 and in paragraph 3 of subsection B of Section 17 - |
|---|
| 309 | 446 | | 116.2 of this title. |
|---|
| 310 | 447 | | C. For purposes of this section, postretirement employment of |
|---|
| 311 | 448 | | less than one thousand (1,000) hours per year with the Governor, the |
|---|
| 312 | 449 | | Oklahoma State Senate, the Oklahoma House of Representatives or the |
|---|
| 313 | 450 | | Legislative Service Bureau shall not be considered as postretirement |
|---|
| 314 | 451 | | employment with a public school of Oklahoma. |
|---|
| 315 | 452 | | D. The Board of Trustees of the Teachers ’ Retirement System of |
|---|
| 316 | 453 | | Oklahoma shall promulgate such rules as are necessary to implement |
|---|
| 317 | | - | the provisions of this section. RBS No. 1630 |
|---|
| 454 | + | the provisions of this section. |
|---|
| 455 | + | E. A member who has entered into postretirement employment with |
|---|
| 456 | + | a participating employer of the Teachers ’ Retirement System of |
|---|
| 457 | + | Oklahoma must fully comply with all the provisions of the rules |
|---|
| 458 | + | promulgated by the Board of Trustees pursuant to this section in |
|---|
| 459 | + | order to continue receiving the member ’s monthly retirement benefit. |
|---|
| 460 | + | SECTION 2. This act shall become effective July 1 , 2025. |
|---|
| 461 | + | SECTION 3. It being immediately necessary for the preservation |
|---|
| 462 | + | of the public peace, health or safety, an emergency is hereby |
|---|
| 463 | + | RBS No. 923 |
|---|
| 344 | | - | E. A member who has entered into postr etirement employment with |
|---|
| 345 | | - | a participating employer of the Teachers ’ Retirement System of |
|---|
| 346 | | - | Oklahoma must fully comply with all the provisions of the rules |
|---|
| 347 | | - | promulgated by the Board of Trustees pursuant to this section in |
|---|
| 348 | | - | order to continue receiving the member ’s monthly retirement benefit. |
|---|
| 349 | | - | SECTION 2. This act shall become effecti ve July 1, 2025. |
|---|
| 350 | | - | SECTION 3. It being immediately necessary for the preservation |
|---|
| 351 | | - | of the public peace, health or safety, an emergency is hereby |
|---|