Oklahoma 2025 2025 Regular Session

Oklahoma Senate Bill SB432 Introduced / Bill

Filed 01/07/2025

                     
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
SENATE BILL 432 	By: Frix 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to the Oklahoma Firefighters Pension 
and Retirement System; amending 11 O.S. 2021, 
Sections 49-101 and 49-101.2, as amended by Sections 
3 and 4, Chapter 232, O.S.L. 2022 (11 O.S. Supp. 
2024, Sections 49-101 and 49-101.2), which relate to 
volunteer firefighter pension; modifying pension 
amount; modifying compensation determination; 
amending 62 O.S. 2021, Section 3103, as last a mended 
by Section 127, Chapter 452, O.S.L. 2024 (62 O.S. 
Supp. 2024, Section 3 103), which relates to the 
Oklahoma Pension Legislation Actuarial Analysis Act; 
modifying definition; updating statutory language and 
references; providing effective dates; and d eclaring 
an emergency. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     11 O.S. 2021, Section 49 -101, as 
amended by Section 3, Chapter 232, O.S.L. 2022 (11 O.S. Supp. 2024, 
Section 49-101), is amended to read as follows: 
Section 49-101.  A.  All retired volunteer firef ighters who 
qualify for retirement shall be entitled to a monthly pension.  The 
monthly pension of a volunteer firefighter who retires prior to the 
effective date of this act shall be in the amount retired volunteer 
firefighters are receiving at the time the volunteer firefighter   
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begins to receive a pension for each year of credited service not to 
exceed thirty (30) years.  Volunteer firefighters who retire on and 
after the effective date of this act shall receive a monthly pension 
in the amount of Ten Doll ars ($10.00) for each year of credited 
service not to exceed thirty (30) years.  In determining the number 
of years of credited service, a fractional year of six (6) months or 
more shall be counted as one (1) full year and a fractional year of 
less than six (6) months shall not be counted in such determination.  
Retired volunteer firefighters of a municipality shall receive a 
pension of not less than that which retired volunteer f irefighters 
of such municipality were receiving on June 30, 1985. 
B.  A volunteer firefighter who terminates service after 
completing ten (10) years of credited service, but less than twenty 
(20) years of credited service, shall be entitled to receive a 
vested benefit commencing on the date the firefighter reaches fifty 
(50) years of age or the date the firefighter would have had twenty 
(20) years of credited service had the firefighter ’s service 
continued uninterrupted, whichever is later.  The monthly amo unt of 
such retirement benefit shall be the amount being paid to volunteer 
firefighters at the time the member vests multiplied by the number 
of years of credited service.  Credited service must be established 
at the time of the volunteer firefighter ’s termination.  If a 
volunteer firefighter who terminated employment and elected, or was 
eligible to elect, a vested benefit dies prior to being eligible to   
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receive benefits, the volunteer firefighter ’s beneficiary, as 
defined in paragraph 16 of Section 49 -100.1 of this title, shall be 
entitled to the volunteer firefighter ’s normal monthly retirement 
benefit on the date the deceased volunteer firefighter would have 
been eligible to receive the benefit. 
SECTION 2.     AMENDATORY     11 O.S. 2021 , Section 49-101.2, as 
amended by Section 4, Chapter 232, O.S.L. 2022 (11 O.S. Supp. 2024, 
Section 49-101.2), is amended to read as follows: 
Section 49-101.2.  Any member serving as an active volunteer 
firefighter who receives annual compensation from the fire 
department the firefighter is enrolled in as a member of the 
Oklahoma Firefighters Pension and Retirement System for services 
related to firefighting, other than reimbursement of expenses in 
excess of five and one-half (5 1/2) times the annual pension benefit 
paid by the System to a retired volunteer firefighter with twenty 
(20) years credited service Nine Thousand Nine Hundred Thirty -nine 
Dollars and sixty-nine cents ($9,939.69) , shall be considered a paid 
firefighter and must meet the physical and ag ility requirements 
pursuant to Section 49 -116 of this title to continue as an active 
member of the System.  Credited service earned as a paid firefighter 
pursuant to this section shall not be considered actual experience 
as a paid firefighter for purposes of meeting the qualifications of 
a paid fire chief as provided in Section 29 -102 of this title.  No 
fire department of a participating municipality shall employ a   
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volunteer firefighter from another fire department to perform 
services relating to firefighti ng for any compensation of any kind. 
SECTION 3.     AMENDATORY     62 O.S. 2021, Section 3103, as 
last amended by Section 127, Chapter 452, O.S.L. 2024 (62 O.S. Supp. 
2024, Section 3103), is amended to read as follows: 
Section 3103. As used in the Oklahoma Pension Legislation 
Actuarial Analysis Act: 
1.  “Amendment” means any amendment including a substitute bill, 
made to a retirement bill by any committee of the House of 
Representatives or Senate, any conference committee of the House or 
Senate or by the House or Senate; 
2.  “RB number” means that number preceded b y the letters “RB” 
assigned to a retirement bill by the respective staffs of the 
Oklahoma State Senate and the Oklahoma House of Representatives when 
the respective staff office prepares a retirement bill for a member 
of the Legislature; 
3.  “Legislative Actuary” means the firm or entity that enters 
into a contract with the Legislative Service Bureau pursuant to 
Section 452.15 of Title 74 of the Oklahoma Statutes to provide the 
actuarial services and other duties provided for in the Oklahoma 
Pension Legislation Actuarial Analysis Act; 
4.  “Nonfiscal amendment” means an amendment to a retirement 
bill having a fiscal impact, which amendment does not change any   
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factor of an actuarial investigation specified in subsection A of 
Section 3109 of this title; 
5.  “Nonfiscal retirement bill ” means a retirement bill: 
a. which does not affect the cost or funding factors of a 
retirement system, 
b. which affects such factors only in a manner whic h does 
not: 
(1) grant a benefit increase under the retirement 
system affected by the bill, 
(2) create an actuarial accrued liability for or 
increase the actuarial accrued liability of the 
retirement system affected by the bill, or 
(3) increase the normal c ost of the retirement system 
affected by the bill, 
c. which authorizes the purchase by an active member of 
the retirement system, at the actuarial cost for the 
purchase as computed pursuant to the statute in effect 
on the effective date of the measure allo wing such 
purchase, of years of service for purposes of reaching 
a normal retirement date in the applicable retirement 
system, but which cannot be used in order to compute 
the number of years of service for purposes of 
computing the retirement benefit for the member,   
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d. which provides for the computation of a service -
connected disability retirement benefit for members of 
the Oklahoma Law Enforcement Retirement System 
pursuant to Section 2 -305 of Title 47 of the Oklahoma 
Statutes if the members were unable t o complete twenty 
(20) years of service as a result of the disability, 
e. which requires membership in the defined benefit plan 
authorized by Section 901 et seq. of Title 74 of the 
Oklahoma Statutes for persons whose first elected or 
appointed service occu rs on or after November 1, 2018, 
if such persons had any prior service in the Oklahoma 
Public Employees Retirement System prior to November 
1, 2015, 
f. which provides for a one -time increase in retirement 
benefits if the increase in retirement benefits is not 
a permanent increase in the gross annual retirement 
benefit payable to a m ember or beneficiary, occurs 
only once pursuant to a single statutory authorization 
and does not exceed: 
(1) the lesser of two percent (2%) of the gross 
annual retirement benefit of the member or One 
Thousand Dollars ($1,000.00) and requires that 
the benefit may only be provided if the funded 
ratio of the affected retirement system would not   
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be less than sixty percent (60%) but not greater 
than eighty percent (80%) after the benef it 
increase is paid, 
(2) the lesser of two percent (2%) of the gross 
annual retirement benefit of the member or One 
Thousand Two Hundred Dollars ($1,200.00) and 
requires that the benefit may only be provided if 
the funded ratio of the affected retirement 
system would be greater than eighty percent (80%) 
but not greater than one hundred percent (100%) 
after the benefit increase is paid, 
(3) the lesser of two percent (2%) of the gross 
annual retirement benefit of the member or One 
Thousand Four Hundred Dollar s ($1,400.00) and 
requires that the benefit may only be provided if 
the funded ratio of the affected retirement 
system would be greater than one hundred percent 
(100%) after the benefit increase is paid, or 
(4) the greater of two percent (2%) of the gross 
annual retirement benefit of the volunteer 
firefighter or One Hundred Dollars ($100.00) for 
persons who retired from the Oklahoma 
Firefighters Pension and Retirement System as 
volunteer firefighters and who did not retire   
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from the Oklahoma Firefighters Pen sion and 
Retirement System as a paid firefighter. 
As used in this subparagraph , “funded ratio” means the 
figure derived by dividing the actuarial value of 
assets of the applicable retirement system by the 
actuarial accrued liability of the applicable 
retirement system, 
g. which modifies the disability pension standard for 
police officers who are members of the Oklahoma Police 
Pension and Retirement System as provided by Section 
50-115 of Title 11 of the Oklahoma Statutes, 
h. which provides a cost -of-living benefit increase 
pursuant to the provisions of: 
(1) Section 49-143.7 of Title 11 of the Oklahoma 
Statutes, 
(2) Section 50-136.9 of Title 11 of the Oklahoma 
Statutes, 
(3) Section 1104K of Title 20 of the Oklahoma 
Statutes, 
(4) Section 2-305.12 of Title 47 o f the Oklahoma 
Statutes, 
(5) Section 17-116.22 of Title 70 of the Oklahoma 
Statutes, or   
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(6) Section 930.11 of Title 74 of the Oklahoma 
Statutes, 
i. which provides for the reinstatement of retirement 
benefits for members of the Oklahoma Law Enforcement 
Retirement System pursuant to Section 2 -305 of Title 
47 of the Oklahoma Statutes f or those who were hired 
on or after November 1, 2012, or May 24, 2013, 
j. which authorizes the purchase of military service 
credit as provided in Section 50 -128 of Title 11, 
Section 1102.2 of Title 20, Section 2 -307.4 of Title 
47, and Section 913.8 of Title 74 of the Oklahoma 
Statutes, 
k. which restores benefits pursuant to Sections 49 -100.1, 
49-101, 49-101.2, 49-106.1, 49-108, 49-117.1, and 49-
135 of Title 11 of the Oklahoma Stat utes, 
l. which modifies the computation of the line -of-duty 
disability benefit pursuant to the provisions of this 
act Sections 50-101 and 50-115 of Title 11 of the 
Oklahoma Statutes, or 
m. which provides for a benefits increase for volunteer 
firefighters pursuant to Sections 49 -101 and 49-101.2 
of Title 11 of the Oklahoma Statutes . 
A nonfiscal retirement bill shall include any retirement bill that 
has as its sole purpose the appropriation or distribution or   
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redistribution of monies in some manner to a retir ement system for 
purposes of reducing the unfunded liability of such system or the 
earmarking of a portion of the revenue from a tax to a retirement 
system or increasing the percentage of the revenue earmarked from a 
tax to a retirement system; 
6.  “Reduction-in-cost amendment” means an amendment to a 
retirement bill having a fiscal impact which reduces the cost of the 
bill as such cost is determined by the actuarial investigation for 
the bill prepared pursuant to Section 3109 of this title; 
7.  “Retirement bill” means any bill or joint resolution 
introduced or any bill or joint reso lution amended by a member of 
the Oklahoma Legislature which creates or amends any law directly 
affecting a retirement system.  A retirement bill shall not mean a 
bill or resolution that impacts the revenue of any state tax in 
which a portion of the revenue generated from such tax is earmarked 
for the benefit of a retirement system; 
8.  “Retirement bill having a fiscal impact ” means any 
retirement bill creating or establishing a r etirement system and any 
other retirement bill other than a nonfiscal retireme nt bill; and 
9.  “Retirement system” means the Teachers’ Retirement System of 
Oklahoma, the Oklahoma Public Employees Retirement System, the 
Uniform Retirement System for Justice s and Judges, the Oklahoma 
Firefighters Pension and Retirement System, the Oklahoma Police 
Pension and Retirement System, the Oklahoma Law Enforcement   
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Retirement System, or a retirement system established after January 
1, 2006. 
SECTION 4.  Sections 1 and 2 of this act shall become effective 
in accordance with the pro visions of Section 58 of Article V of the 
Oklahoma Constitution. 
SECTION 5.  Section 3 of this act shall become effective July 1, 
2025. 
SECTION 6. It being immediately necessary for the preservation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage and approval. 
 
60-1-354 RD 1/7/2025 12:31:24 PM