OK
Oklahoma Senate Bill SB89

Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB89 Compare Versions

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5353 STATE OF OKLAHOMA
5454
5555 1st Session of the 60th Legislature (2025)
5656
5757 SENATE BILL 89 By: Frix
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6565 AS INTRODUCED
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6767 An Act relating to leave benefits for state
6868 employees; amending 74 O.S. 2021, Section s 840-2.20,
6969 as last amended by Section 172, Chapter 4 52, O.S.L.
7070 2024, and 913, as amended by Section 3, Chapter 146,
7171 O.S.L. 2023 (74 O.S. Supp. 2024, Sections 840 -2.20
7272 and 913), which relate to employee leave and service
7373 credit; directing Office of Management and Enterprise
7474 Services to establish mechanism fo r transfer of
7575 certain unused leave for certain purpose; providing
7676 option for transfer of unused sick leave in lieu of
7777 certain service credit purchase; updating statutory
7878 references; updating statutory language; and
7979 providing an effective date .
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8787 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
8888 SECTION 1. AMENDATORY 74 O.S. 2021, Section 840 -2.20, as
8989 last amended by Section 172, Chapter 452, O.S.L. 2024 (74 O.S. Supp.
9090 2024, Section 840-2.20), is amended to read as follows:
9191 Section 840-2.20. A. The Director of the Office of Management
9292 and Enterprise Services shall promulgate such emergency and
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144144 permanent rules regarding leave and holiday leave as are necessary
145145 to assist the state and its agencies.
146146 The Director of the Office of Management and Enterprise
147147 Services, in adopting new rules, amending rules and repealing rules,
148148 shall ensure that the following provisions are incorporated:
149149 1. Eligible employees who enter on duty or who are reinstated
150150 after a break in service shall receive leave benefits in accordance
151151 with the schedule outlined below. Leave shall be accrued based upon
152152 hours worked, paid leave, and holidays, but excluding overtime, not
153153 to exceed the total possible work hours for the pay period. Years
154154 of service shall be based on cumulative periods of employment
155155 calculated in the manner that cumulative service is determined for
156156 longevity purposes pursuant to Section 840 -2.18 of this title.
157157 Employees may accumulate more than the maximum annual leave
158158 accumulation limits shown in the schedule below provided that such
159159 excess is used during the same calendar year in which it accrues or
160160 within twelve (12) months of the date on which it accrues, at the
161161 discretion of the appointing authority. If an employee whose job
162162 duties include providing fire protection services, law enforcement
163163 services or services with the Department of Corrections is unable to
164164 use excess leave as provided for in this paragraph because the
165165 employee’s request for leave is denied by the employee ’s appointing
166166 authority and the denial of leave is due to extraordinary
167167 circumstances such that taking leave could pose a threat to public
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219219 safety, health or welfare, the employee shall receive compensation
220220 at the employee’s regular rate of pay for the amount o f excess leave
221221 the employee is unable to use. Such compensation shall be paid at
222222 the end of the time period during which the excess leave was
223223 required to have been used;
224224 2. On and after the effective date of this act July 1, 2023,
225225 the following accrual r ates and accumulation limits apply to
226226 eligible employees as follows:
227227 ACCRUAL RATES ACCUMULATION
228228 LIMITS
229229 Cumulative
230230 Years of Annual Sick Annual
231231 Service Leave Leave Leave
232232 Persons employed 0-5 yrs = 15 day/yr 15 days/yr 30 days
233233 5-10 yrs = 18 day/yr 15 days/yr 80 days
234234 10-20 yrs = 20 day/yr 15 days/yr 80 days
235235 over 20 yrs = 25 day/yr 15 days/yr 80 days
236236 Following an emergency declaration as described in Section 683.8
237237 of Title 63 of the Oklahoma Statutes, the accumulation limits for
238238 annual leave shall temp orarily increase and shall carryover to the
239239 end of the fiscal year following the year in which the emergency
240240 declaration ended.
241241 All annual leave that accrued or expired during the period of
242242 the emergency declarations issued by the Governor in 2020 and 2021
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294294 in response to the novel coronavirus (COVID -19) shall carry over to
295295 the end of the fiscal year following the year in which the emergency
296296 declaration ended regardless of regulatory provisions that establish
297297 a maximum amount of annual leave that may be accu mulated by an
298298 employee of this state. Expired annual leave governed by this
299299 subsection shall be reinstated as of May 7, 2021, and accumulation
300300 limits for annual leave shall not apply to amounts accrued or
301301 reinstated pursuant to this subsection. Eligibili ty for
302302 reinstatement of annual leave is limited to employees currently
303303 employed by this state on May 7, 2021;
304304 3. Temporary employees and other limited term employees are
305305 ineligible to accrue, use, or be paid for sick leave and annual
306306 leave. Such employee s shall be eligible for paid holiday leave at
307307 the discretion of the appointin g authority;
308308 4. Except as provided in paragraph 2 of this subsection,
309309 employees shall not be entitled to retroactive accumulation of leave
310310 as a result of amendments to this secti on;
311311 5. The Director of the Office of Management and Enterprise
312312 Services shall assist agencies in developing policies to prevent
313313 violence in state government workplaces without abridging the rights
314314 of state employees. Such policies shall include a paid
315315 administrative leave provision as a cooling -off period which the
316316 Director of the Office of Management and Enterprise Services is
317317 authorized to provide pursuant to the Administrative Procedures Act.
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369369 Such leave shall not be charged to annual or sick leave
370370 accumulations;
371371 6. State employees who terminated their employment in the state
372372 service on or after October 1, 1992, may be eligible to have sick
373373 leave accrued at the time of termination of employment restored if
374374 they return to state employment provided that the state employees’
375375 enter-on-duty dates for reemployment occur on or before two (2)
376376 years after their termination of employment and they are eligible to
377377 accrue sick leave before the two (2) years expire;
378378 7. Employees who are volunteer firefighters pursua nt to the
379379 Oklahoma Volunteer Firefighters Act and who are called to fight a
380380 fire shall not have to use any accrued leave or need to make up any
381381 time due to the performance of their volunteer firefighter duties;
382382 8. Employees who are reserve municipal polic e officers pursuant
383383 to Section 34-101 of Title 11 of the Oklahoma Statutes an d who miss
384384 work in performing their duties in cases of emergency shall not have
385385 to use any accrued leave or need to make up any time due to the
386386 performance of their reserve munici pal police officer duties;
387387 9. Employees who are reserve deputy sheriffs pursuant to
388388 Section 547 of Title 19 of the Oklahoma Statutes and who miss work
389389 in performing their duties in case of emergency shall not have to
390390 use any accrued leave or need to make up any time due to the
391391 performance of their reserve deputy sheriff duties;
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443443 10. For purposes of the computation required by this section,
444444 any service performed by a person during which the person received
445445 compensation for duties performed for the state sha ll be counted if
446446 payment for such service was made using state fiscal resources. The
447447 provisions of this section shall not apply to elected or appointed
448448 justices or judges, including special judges, who perform service in
449449 the trial or appellate courts. Th e provisions of this section shall
450450 apply to persons who perform services as a n administrative law judge
451451 within the executive department and employees of the judicial
452452 branch; and
453453 11. Eligible employees shall be entitled to paid maternity
454454 leave as provided for in Section 840-2.20D of this title.
455455 B. Nothing in law is intended to prevent or discourage an
456456 appointing authority from disciplining or terminating an employee
457457 due to abuse of leave benefits or absenteeism. Appointing
458458 authorities are encouraged to co nsider attendance of employees in
459459 making decisions regarding promotions, pay increases, and
460460 discipline.
461461 C. Upon the transfer of a function in state government to an
462462 entity outside state government, employees may, with the agreement
463463 of the outside entity, waive any payment for leave accumulations to
464464 which the employee is entitled and authorize the transfer of the
465465 leave accumulations or a portion thereof to the outside entity.
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517517 D. All permanent employees of the state shall be eligible to
518518 carry over a maximum of six hundred forty (640) hours of annual
519519 leave each year. Additionally, a ll employees shall be paid up to a
520520 maximum of six hundred forty (640) hours of annual leave upon
521521 separation from state service.
522522 E. The Office of Management and Enterprise Services, in
523523 conjunction with the Oklahoma Public Employees Retirement System,
524524 shall establish a mechanism for vested employees retiring from state
525525 service to elect to transfer unused sick and annual leave in excess
526526 of the limits set forth in this section to be u sed for the retiree
527527 and his or her dependents’ benefit allowance upon retirement.
528528 Annual leave transferred under this subsection shall be transferred
529529 at the standard benefit allowance rate for the calendar year.
530530 SECTION 2. AMENDATORY 74 O.S. 2021, Section 913, as
531531 amended by Section 3, Chapter 146, O.S.L. 2023 (74 O.S. Supp. 2024,
532532 Section 913), is amended to read as follows:
533533 Section 913. A. Prior service shall be credited as follows:
534534 1. A member shall receive full credit for emp loyment with any
535535 participating employer prior to the entry date of his or her
536536 employer whether or not continuous and whether or not he or she was
537537 employed with a participating employer on such entry date, provided
538538 that any member who has retired before the passage of Section 901 et
539539 seq. of this title, shall not receive retirement benefits
540540 retroactively for such prior service. Provided, that at such time
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592592 that an employer becomes a participating employer on or after
593593 January 1, 1965, and before January 1, 197 5, each member and each
594594 retirant, upon making proper written application ther efor, shall
595595 receive prior service credit for service with such employer in the
596596 same manner as if such participating employer had been a
597597 participating employer on the date first el igible to become a
598598 participating employer; and increased benefits attributable to such
599599 increased prior service credit shall commence with the next monthly
600600 benefit payment due following receipt and approval of such
601601 application by the Board of Trustees. No prior service shall be
602602 granted, however, for periods of service in which the employee made
603603 contributions which he or she subsequently withdrew, unless he or
604604 she has complied with the provisions of subsection (5) of Section
605605 917 of this title. The burden of proof regarding prior service
606606 shall be with the member and shall be documented in such manner as
607607 the Board may direct;
608608 2. Any member who was employed in an institution of higher
609609 learning by a State Board of Regents or who was employed by an
610610 Oklahoma school district prior to July 1, 1943, may receive prior
611611 service credit under Sec tion 901 et seq. of this title for the
612612 period of time they were so employed;
613613 3. Any member who served in the Armed Forces of the United
614614 States with military service , as defined in paragraph (23) of
615615 Section 902 of this title, prior to membership in the Oklahoma
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667667 Public Employees Retirement System shall be granted prior service
668668 credit, not to exceed five (5) years, for those periods of active
669669 military service during which he or she w as a war veteran. For a
670670 member of the System hired on or after July 1, 2003, if the military
671671 service credit authorized by this paragraph is used to compute the
672672 retirement benefit of the member and the member retires from the
673673 System, such military service credit shall not be used to compute
674674 the retirement benefit in any other retirement system created
675675 pursuant to the Oklahoma Statutes and the member may receive credit
676676 for such service only in the retirement system from which the member
677677 first retires;
678678 4. An elective state, county, city or town official who is
679679 ineligible for membersh ip as a result of any applicable state law or
680680 constitutional provision making him or her ineligible solely because
681681 of his or her being such an official at the time of his or her
682682 eligibility for membership at the time his or her employer becomes a
683683 participating employer shall nevertheless not forfeit the prior
684684 service credit to which he or she would be entitled except for such
685685 ineligibility, provided that he or she either:
686686 a. becomes an employee of a participating employer within
687687 four (4) calendar months of the expiration of his or
688688 her term of office current at the time of his or her
689689 eligibility except for his or her being an elective
690690 state or county official,
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742742 b. within a period of f our (4) years after the expiration
743743 of his or her term of office current at the time of
744744 his or her eligibility except for his or her being an
745745 elective state or county official, is elected as a
746746 state or county official and thereupon becomes a
747747 member of the System, or
748748 c. has completed ten (10) years of credited service as of
749749 the date of his or her eligibility for membership
750750 except for his or her being an elective state or
751751 county official;
752752 5. Beginning July 1, 1965, all employees of the Department of
753753 Human Services shall participate in the Oklahoma Public Employees
754754 Retirement System to the same extent as other employees of
755755 participating employers in such System. Provided, that any employee
756756 performing teaching services in the Oklahoma School for the Deaf or
757757 the Oklahoma School for the Blind may elect to participate in the
758758 Teachers’ Retirement System of Oklahoma in lieu of the Oklahoma
759759 Public Employees Retirement System; and any other employee at each
760760 such institution or any other institution under the jurisdicti on of
761761 the Department of Human Services, participating in the Teachers ’
762762 Retirement System of Oklahoma, may elect to continue to participate
763763 in such System in lieu of the Oklahoma Public Employees Retirement
764764 System. All employees who shall have participated in the Teachers’
765765 Retirement System of Oklahoma and not continuing therein sh all have
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817817 the right to withdraw their membership from the Teachers ’ Retirement
818818 System of Oklahoma on the same terms as other members withdrawing
819819 from such System before retirement. Provided, all persons employed
820820 at the Oklahoma School for the Blind and Oklahoma School for the
821821 Deaf on June 30, 1965, who became subject to the Oklahoma Public
822822 Employees Retirement System, on July 1, 1965, shall receive credit
823823 for prior service and be e ligible for participation, regardless of
824824 age;
825825 6. A member employed as a temp orary employee by the Legislative
826826 Service Bureau or its predecessors, the Senate or the House of
827827 Representatives for the full duration of a regular legislative
828828 session prior to the member’s eligibility for membership in the
829829 System shall receive six (6) months of prior service credit for each
830830 such full regular legislative session if the employee is employed by
831831 the Legislative Service Bureau or its predecessors, the Senate or
832832 the House of Representatives as either a full -time or temporary
833833 employee for a minim um of six (6) full regular legislative sessions
834834 beginning January 1, 1983. For purposes of this subsection, the
835835 determination of whether an employee is employed for the full
836836 duration of a regular legislative session shall be made by the
837837 Legislative Service Bureau if such employee is employed by the
838838 Legislative Service Bureau, the Senate if such employee is employed
839839 by the Senate, or by the House of Representatives if such employee
840840 is employed by the House of Representatives;
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892892 7. A member of the System shal l receive prior service credit
893893 for any years of service after January 1, 1975, the member had with
894894 a participating employer if the member is not receiving or eligible
895895 to receive such prior service credit for the same time in any other
896896 state or county retirement system authorized by law. To receive the
897897 service credit, the member shall pay the amount determined by the
898898 Board pursuant to Section 913.5 of this title; and
899899 8. Any member who is a state employee and receives temporary
900900 total disability benefits dur ing the period of absence with a
901901 participating employer due to a work -related injury or illness
902902 incurred while engaged in a governmental function for the
903903 participating employer pu rsuant to the Administrative Workers ’
904904 Compensation Act shall receive credit for participating service
905905 during such period of absence subject to the following requirements:
906906 a. the member was employed by the participating employer
907907 immediately prior to and dur ing the period of absence,
908908 b. the member must notify the System in writing no t later
909909 than four (4) months after the member ’s return to his
910910 or her job duties with the participating employer, or
911911 termination of employment with the participating
912912 employer, or termination of the temporary total
913913 disability benefits, whichever is earlier, of the
914914 member’s desire to receive participating service
915915 credit for the period of absence,
916916
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967967 c. the participating employer must certify to the System
968968 in writing the dates during whic h temporary total
969969 disability benefits payments were paid to the member,
970970 and
971971 d. the member and the participating employer shall each
972972 pay their respective contributions required for the
973973 period of absence without interest within sixty (60)
974974 days of invoicing by the System, or with interest of
975975 seven and one-half percent (7 1/2%) compounded
976976 annually if paid after the sixty (60) days.
977977 B. Participating service shall be credited as follows:
978978 1. A member shall receive credit for participating service with
979979 a participating employer in accordance with the rules and
980980 regulations established by th e Board; provided, however, that a
981981 member who is not a full -time employee shall receive prorated credit
982982 for actual hours worked;
983983 2. Leaves of absence shall not count as a break i n continuous
984984 employment provided the member leaves his or her accumulated
985985 contribution on deposit with the fund; however, the leaves of
986986 absence shall not be credited except that involuntary furloughs
987987 established by Office of Management and Enterprise Servi ces rules,
988988 involuntary furloughs of employees of a district attorney conducte d
989989 in substantial compliance with the rules of the Office of Management
990990 and Enterprise Services as certified by the District Attorneys
991991
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10421042 Council, involuntary furloughs of employees p ursuant to a furlough
10431043 plan adopted by the President Pro Tempore of the Senate or the
10441044 Speaker of the House of Representatives as authorized in Section
10451045 840-5.1 of this title and involuntary furloughs of employees
10461046 authorized by the Oklahoma Supreme Court shall be credited;
10471047 3. Any member who has served in the Armed Forces of the Unite d
10481048 States, as defined in paragraph (23) of Section 902 of this title,
10491049 shall be granted participating service for those periods of active
10501050 military service during which he or she was a war veteran provided
10511051 this service is immediately preceded by a period of employment with
10521052 a participating employer and is followed by return to employment as
10531053 an employee with the same or another participating employer within
10541054 ninety (90) days immediately following discharge from such military
10551055 service provided the member leaves his or her accumulated
10561056 contributions on deposit with the fund. Provided, on or after the
10571057 effective date of this act November 1, 2023, service granted under
10581058 this section and service purchased under Section 913.8 of this title
10591059 shall not exceed five (5) years;
10601060 4. A period of total disability under the System immediately
10611061 followed by employment with a participating employer, shall not
10621062 count as a break in continuous employment; provided, that such
10631063 periods while not employed shall not be credited except that
10641064 involuntary furloughs established by Office of Management and
10651065 Enterprise Services Rule 6.13, shall be credited;
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11171117 5. Termination of employment with a participating employer
11181118 followed by employment with the same or another participating
11191119 employer within four (4) calendar months shall not constitute a
11201120 break in continuous employment; provided, that such period while not
11211121 employed shall not be credited as participating service;
11221122 6. Provided, however, that all employee contributions required
11231123 by Section 901 et seq. of this title made by employees prior to June
11241124 30, 1977, will entitle the employee to additional years of
11251125 participating service in accordance with the following schedule.
11261126 Employee accumulated contributions:
11271127 More than $1.00 up to $500 = 1 year participating service
11281128 More than $500 up to $1,000 = 2 years participating service
11291129 More than $1,000 up to $1,500 = 3 years participating service
11301130 More than $1,500 up to $2,000 = 4 years participating se rvice
11311131 More than $2,000 = 5 years participating service
11321132 In no event shall th e employee be entitled to more than five (5)
11331133 additional years of participating service as provided hereunder.
11341134 Provided further, that upon termination of employment prior to
11351135 retirement, the accumulated contributions will be credited as above
11361136 indicated to establish a vested benefit if so elected by any such
11371137 employee; and
11381138 7. a. The total participating service credit of a member who
11391139 retires or terminates employment and elects a vested
11401140 benefit shall include not to exceed one hundred thirty
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11921192 (130) days of unused s ick leave accumulated subsequent
11931193 to August 1, 1959, during the member ’s employment with
11941194 any participating employer. Such credit shall be
11951195 added in terms of whole months. Twenty ( 20) days of
11961196 unused sick leave shall equal one (1) month for
11971197 purposes of participating service credit. If unused
11981198 sick leave entitles a member to an additional year of
11991199 service credit, the member ’s employer shall reimburse
12001200 the System for the cost of funding the additional
12011201 benefit. For members who join the System on or after
12021202 November 1, 2012, if unused sick leave entitles a
12031203 member to any additional service credit, the member ’s
12041204 employer shall reimburse the System for the cost of
12051205 funding the additional benefit. Each participating
12061206 employer shall provide the System with adequate and
12071207 timely information necessary to determine additional
12081208 benefits and its cost under this paragraph. This
12091209 subparagraph shall apply to members retiring or
12101210 vesting on or after July 1, 1984 .
12111211 b. For members who join the System on or after November
12121212 1, 2012, unused sick leave as set forth in
12131213 subparagraph a of this paragraph shall be credited at
12141214 the same rate but not used to round up to another
12151215 year. Instead, any additional months of unused sic k
12161216
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12671267 leave credit shall be added to other service credit
12681268 without rounding.
12691269 c. Members who accrue unused sick leave may , pursuant to
12701270 Section 840-2.20 of this title, elect to transfer such
12711271 leave for the purpose of converting the unused leave
12721272 to the member’s retirement insurance benefit allowance
12731273 in lieu of purchasing service credit unde r this
12741274 subparagraph.
12751275 C. In determining the number of years of credited service, a
12761276 fractional year of six (6) months or more shall be considered as one
12771277 (1) year, and less than six (6) months shall be disregarded. For
12781278 members who join the System on or after November 1, 2012, the number
12791279 of years of credited service shall be based on actual years and full
12801280 months of credited service without rounding up or down.
12811281 D. A member may receiv e credit for those years of credited
12821282 service accumulated by the member while a member of the Oklahoma
12831283 Firefighters Pension and Retirement System, the Oklahoma Police
12841284 Pension and Retirement System, the Uniform Retirement System for
12851285 Justices and Judges, the Oklahoma Law Enforcement Retirement System,
12861286 or the Teachers’ Retirement System of Oklahoma, if the member is not
12871287 receiving or eligible to receive retirement credit or benefits from
12881288 such service in any other public retirement system. To receive the
12891289 service credit, the member shall pay the amount determined by the
12901290 Board pursuant to Section 913.5 of this title.
12911291
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13421342 E. A member may receive credit for those years of service
13431343 accumulated by the member as an elected official if the member is
13441344 not receiving or eligible to receive retirement credit or benefits
13451345 from such service in any public retirement system. Prior to January
13461346 1, 1991, to receive the service credit, the member shall pay to the
13471347 Board for each year of service purchased pursuant to this subsection
13481348 a sum equal to the employee and employer contribution rate that
13491349 would have been appli cable to the member as determined by the Board
13501350 and interest not to exceed five percent (5%), and effective January
13511351 1, 1991, to receive the service credit, the member shall pay the
13521352 amount determined by the Board pursuant to Section 913.5 of this
13531353 title.
13541354 F. Effective December 12, 1994, and thereafter, a leave of
13551355 absence on account of a period of qualified military service in the
13561356 uniformed services of the United States within the mean ing of
13571357 Section 414(u)(5) of the federal Internal Revenue Code of 1986, as
13581358 amended, followed by a return to employment with the participating
13591359 employer within ninety (90) days after completion of the period of
13601360 service may be eligible for credited service und er this System.
13611361 Notwithstanding any provision of this plan to the contrary,
13621362 contributions, benefits and service credit with respect to qualified
13631363 military service will be allowed in accordance with Section 414(u)
13641364 of the federal Internal Revenue Code of 1986, as amended.
13651365
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14161416 G. 1. An active member of the Oklahoma Public Employees
14171417 Retirement System may receive credit for those years of service
14181418 accumulated by the member while a member of the Teachers ’ Retirement
14191419 System of Oklahoma if:
14201420 a. the member is an active member of the Oklahoma Public
14211421 Employees Retirement System,
14221422 b. the member provides notice to the Teachers ’ Retirement
14231423 System of Oklahoma and the Oklahoma Public Employees
14241424 Retirement System of the member ’s election to transfer
14251425 such retirement credit. The no tice shall include a
14261426 list of the years to be transferred, and
14271427 c. the member is not receiving or eligible to receive
14281428 retirement credit or benefits from such service in any
14291429 other public retirement system, notwithstanding the
14301430 years of service sought to be tra nsferred under this
14311431 subsection.
14321432 Members electing to take advantage of the transfer authorized by
14331433 this subsection who are receiving or eligible to receive retirement
14341434 credit or benefits from such service in any other public retirement
14351435 system shall have all s ervice credit with the Teachers ’ Retirement
14361436 System of Oklahoma canceled which is not transferred to the Oklahoma
14371437 Public Employees Retirement System or used as a cash offset in such
14381438 a transfer pursuant to subparagraph d of paragraph 2 of this
14391439 subsection. Service credit transferred to the Teachers ’ Retirement
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14911491 System of Oklahoma under this subsection shall also be canceled with
14921492 the Oklahoma Public Employees Retirement System.
14931493 2. For purposes of this subsection, the “sending system” shall
14941494 mean the Teachers’ Retirement System of Oklahoma. The “receiving
14951495 system” shall mean the Oklahoma Public Employees Retirement System.
14961496 a. Within thirty (30) days after notification of an
14971497 intent to transfer is received by the sending system,
14981498 the sending system shall, according to its own rules
14991499 and regulations:
15001500 (1) for members who have vested with the sending
15011501 system, determine the present value of the
15021502 member’s earned benefits attributable to the
15031503 years of service sought to be transferred,
15041504 discounted according to the member ’s age at the
15051505 time of transfer and computed as of the earliest
15061506 age at which the membe r would be able to retire.
15071507 Such computation shall assume an unreduced
15081508 benefit and be computed using interest and
15091509 mortality assumptions consistent with the
15101510 actuarial assumptions a dopted by the Board of
15111511 Trustees for purposes of preparing the annual
15121512 actuarial evaluation but shall not make any
15131513 projections regarding future salary. For vested
15141514 employees the sending system shall use the
15151515
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15661566 product of this calculation for purposes of
15671567 determining the transfer fee to be paid by the
15681568 employee under subparagraph c of this paragraph
15691569 so long as it is greater than the product of the
15701570 calculation in this division, and
15711571 (2) determine the sum of the employee and employer
15721572 contributions applicable to the ye ars of service
15731573 sought to be transferred plus interest consistent
15741574 with the actuarial assumptions adopted by the
15751575 Board of Trustees for purposes of preparing the
15761576 annual actuarial evaluation. For all nonvested
15771577 members, and for vested members if the product of
15781578 this calculation is greater than the product of
15791579 the calculation in division (1) of this
15801580 subparagraph, the sending system shall use the
15811581 product of this calculation for purposes of
15821582 determining the amount to be transferred by the
15831583 sending system under subpara graph c of this
15841584 paragraph and any transfer fee to be paid by the
15851585 members under subparagraph d of this paragraph.
15861586 b. Within thirty (30) days after notification of an
15871587 intent to transfer is received by the receiving
15881588 system, the receiving system shall determin e,
15891589 according to the system ’s own rules and regulations,
15901590
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16411641 the present value of the member’s incremental
16421642 projected benefits discounted according to the
16431643 member’s age at the time of the transfer. Incremental
16441644 projected benefits shall be the difference between t he
16451645 projected benefit the member would receive without
16461646 transferring the service credit and the projected
16471647 benefit after transfer of service credit computed as
16481648 of the earliest age at which the member would be able
16491649 to retire. Such computation shall assume an unreduced
16501650 benefit and be computed using interest, salary
16511651 projections and mort ality assumptions consistent with
16521652 the actuarial assumptions adopted by the Board of
16531653 Trustees for purposes of preparing the annual
16541654 actuarial evaluation.
16551655 c. The sending system shall , within sixty (60) days from
16561656 the date notification of an intent to transfer is
16571657 received by the sending system, transfer to the
16581658 receiving system the amount determined in subparagraph
16591659 a of this paragraph. Except, if the cost under
16601660 subparagraph a of this pa ragraph for the same years of
16611661 service to the sending system is greater than t he
16621662 actuarial value of the incremental benefit in the
16631663 receiving system, as established in subparagraph b of
16641664 this paragraph, the sending system shall send the
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17161716 receiving system an am ount equal to the actuarial
17171717 value of the incremental projected benefit in the
17181718 receiving system.
17191719 d. In order to receive the credit provided for in
17201720 paragraph 1 of this subsection, if the cost of the
17211721 actuarial value of the incremental benefit to the
17221722 receiving system is greater than the cost as
17231723 calculated under subparagraph a of this p aragraph for
17241724 the same years of service to the sending system as
17251725 established in subparagraphs a and b of this
17261726 paragraph, the employee shall elect to:
17271727 (1) pay any difference to rece ive full credit for the
17281728 years sought to be transferred, or
17291729 (2) receive prorated service credit for only the
17301730 amount received from the Teachers ’ Retirement
17311731 System of Oklahoma pursuant to this subsection.
17321732 Such an election shall be made in writing, filed with
17331733 the System prior to receiving the credit provided for
17341734 in paragraph 1 of this subsection, and shall be
17351735 irrevocable.
17361736 3. Within sixty (60) days of successfully completing all of the
17371737 requirements for transfer under this subsection, the sending system
17381738 shall pay the receiving system any amount due under this subsection.
17391739 Within sixty (60) days of successfully completing all of the
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17911791 requirements for transfer under this subsection, the member shall
17921792 pay the receiving system any amount due under this subsection. In
17931793 the event that the member is unable to pay the transfer fee provided
17941794 for in this subsection by the due date, the Board of Trustees of the
17951795 receiving system shall permit the member to amortize the transfer
17961796 fee over a period not to exceed sixty (60) months. The payments
17971797 shall be made by payroll deductions unless the Board of Trustees
17981798 permits an alternate payment source. The amortization shall include
17991799 interest in an amount not to exceed the actuarially assumed interest
18001800 rate adopted by the Board of Trustees fo r investment earnings each
18011801 year. Any member who ceases to make payment, term inates, retires or
18021802 dies before completing the payments provided for in this section
18031803 shall receive prorated service credit for only those payments made,
18041804 unless the unpaid balance i s paid by the member, his or her estate
18051805 or successor in interest within six (6) months after the member ’s
18061806 death, termination of employment or retirement; provided, no
18071807 retirement benefits shall be payable until the unpaid balance is
18081808 paid, unless said the member or beneficiary affirmatively waives the
18091809 additional six-month period in which to pay the unpaid balance.
18101810 4. Years of service transferred pursuant to this subsection
18111811 shall be used both in determining the member ’s retirement benefit
18121812 and in determining t he years of service for retirement and/or and
18131813 vesting purposes. Years of service rendered as a member of the
18141814 Teachers’ Retirement System of Oklahoma prior to July 1, 1992, if
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18661866 any, shall be deemed to be years of service rendered as a member of
18671867 the Oklahoma Public Employees Retirement System prior to July 1,
18681868 1992, and shall qualify such person as a member of the Oklahoma
18691869 Public Employees Retirement System before July 1, 1992.
18701870 5. Notwithstanding the requirements of Section 17 -104 of Title
18711871 70 of the Oklahoma Statutes, members electing to take advantage of
18721872 the transfer authorized by this subsection who have withdrawn their
18731873 contributions from the sending system shall remit to the sending
18741874 system the amount of the accumulated contributions the member has
18751875 withdrawn plus simple interest of ten percent (10%) per annum prior
18761876 to making such election or the election shall be deemed invalid and
18771877 the transfer shall be canceled. If such an election is deemed
18781878 invalid and the transfer is canceled, the accumulated contribution
18791879 remitted to the sending system by the member who originally withdrew
18801880 their contributions shall be returned to the member. The member ’s
18811881 rights and obligations regarding any service credit reestablished in
18821882 the sending system due to a failure to satisfy the requirements of
18831883 this subsection shall be determined by the sending system in
18841884 accordance with Section 17 -101 et seq. of Title 70 of the Oklahoma
18851885 Statutes.
18861886 6. If any member fails for any reason to satisfy the
18871887 requirements of this subsection, the election t o transfer retirement
18881888 credit shall be void and of no effect, and any retirement credited
18891889 as a result of this transfer shall be canceled. If such retirement
18901890
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19411941 credit is canceled, the years of canceled retirement credit which
19421942 were unsuccessfully transferred t o the receiving system from the
19431943 sending system shall be reestablished in the sending system. The
19441944 member’s rights and obligations regarding any retirement credit
19451945 reestablished in the sending system due to a failure to satisfy the
19461946 requirements of this subse ction shall be determined by the sending
19471947 system in accordance with Section 17 -101 et seq. of Title 70 of the
19481948 Oklahoma Statutes.
19491949 7. The Board of Trustees shall promulgate such rules as are
19501950 necessary to implement the provisions of this subsection.
19511951 H. 1. A member of the Teachers ’ Retirement System of Oklahoma
19521952 whose last service wit h the Teachers’ Retirement System of Oklahoma
19531953 was with an entity or institution within The Oklahoma State System
19541954 of Higher Education, State Board of Education, State Board of Care er
19551955 and Technology Education, Oklahoma Department of Career and
19561956 Technology Education, Oklahoma School of Science and Mathematics,
19571957 Oklahoma Center for the Advancement of Science and Technology, State
19581958 Department of Rehabilitation Services, Oklahoma State Rege nts for
19591959 Higher Education, Department of Corrections, State Department of
19601960 Education, Oklahoma Board of Private Vocational Schools, Board of
19611961 Regents of Oklahoma Colleges, Oklahoma Student Loan Authority, or
19621962 the Teachers’ Retirement System of Oklahoma, may el ect to receive
19631963 credit for those years of service accumulated by the member in the
19641964 Teachers’ Retirement System of Oklahoma, pursuant to this
19651965
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20162016 subsection. A member shall be eligible to elect to transfer credit
20172017 for such years of service from the Teachers ’ Retirement System of
20182018 Oklahoma to the Oklahoma Public Employees Retirement System if:
20192019 a. the member is an active member of the Oklahoma Public
20202020 Employees Retirement System,
20212021 b. the member provides notice to the Teachers ’ Retirement
20222022 System of Oklahoma and the Okl ahoma Public Employees
20232023 Retirement System of the member ’s election to transfer
20242024 such retirement credit. The notice shall include a
20252025 list of the years to be transferred, and
20262026 c. the member is not receiving or eligible to receive
20272027 retirement credit or benefits f rom such service in any
20282028 other public retirement system, notwithstanding the
20292029 years of service sought to be transferred under this
20302030 subsection.
20312031 Members electing to take advantage of the transfer authorized by
20322032 this subsection shall have all service credit with the Teachers’
20332033 Retirement System of Oklahoma canceled which is transferred to the
20342034 Oklahoma Public Employees Retirement System.
20352035 2. For purposes of this subsection, the “sending system”
20362036 sending system shall mean the Teachers ’ Retirement System of
20372037 Oklahoma. The “receiving system” receiving system shall mean the
20382038 Oklahoma Public Emplo yees Retirement System.
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20902090 Within thirty (30) days after notification of an intent to transfer
20912091 is received by the sending system, the sending system shall,
20922092 according to its own rules , send to the receiving system all
20932093 employer and employee contributions made on behalf of the member
20942094 which were made to the sending system plus an additional amount of
20952095 earnings based on the actuarial assumed rate of the sending system.
20962096 Upon receipt of thes e contributions by the receiving system, the
20972097 receiving system shall give cred it to the transferring member in an
20982098 amount equal to the years of service accrued in the sending system.
20992099 3. If the transferring member ’s normal retirement date
21002100 calculation is based upon the sum of the member ’s age and number of
21012101 years of credited service totaling eighty (80) in the sending
21022102 system, then the member shall retain such calculation in the
21032103 receiving system.
21042104 4. The Board of Trustees shall promulgate such rules as are
21052105 necessary to implement the provisions of this subsection.
21062106 I. A member of the Syst em in the employment of the Governor,
21072107 the Senate or the House of Representatives, on or after July 1,
21082108 1999, may make an election prior to December 31, 2000, which shall
21092109 be irrevocable and on a form prescribed for such purpose by the
21102110 System, to continue participation in the System upon becoming
21112111 employed by a participating employer of the Teachers ’ Retirement
21122112 System of Oklahoma. The Board shall promulgate all rules necessary
21132113 to implement the provisions of this subsection.
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21652165 SECTION 3. This act shall become effective November 1, 2025.
21662166
21672167 60-1-515 RD 12/20/2024 2:40:51 PM