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Oklahoma Legislature· HB 3683Referred to Banking, Financial Services and Pensions

An act relating to the Oklahoma Public Employees Retirement System, the official text

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RBH No. 15134

1                           STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3683                     By: Provenzano

4

5

6                           AS INTRODUCED

7   An Act relating to the Oklahoma Public Employees

    Retirement System; amending 62 O.S. 2021, Section

8   3103, as last amended by Section 2, Chapter 361,

    O.S.L. 2025 (62 O.S. Supp. 2025, Section 3103), which

9   relates to the Oklahoma Pension Legislation Actuarial

    Analysis Act; modifying definition; amending 74 O.S.

10  2021, Section 902, as last amended by Section 1,

    Chapter 280, O.S.L. 2024 (74 O.S. Supp. 2025, Section

11  902), which relates to definitions; modifying term;

    and providing effective dates.

12

13

14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      AMENDATORY        62 O.S. 2021, Section 3103, as

16 last amended by Section 2, Chapter 361, O.S.L. 2025 (62 O.S. Supp.

17 2025, Section 3103), is amended to read as follows:

18  Section 3103. As used in the Oklahoma Pension Legislation

19 Actuarial Analysis Act:

20  1. "Amendment" means any amendment, including a substitute

21 bill, made to a retirement bill by any committee of the House of

22 Representatives or Senate, any conference committee of the House or

23 Senate or by the House or Senate;

24

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1   2. "RB number" means that number preceded by the letters "RB"

2 assigned to a retirement bill by the respective staffs of the

3 Oklahoma State Senate and the Oklahoma House of Representatives when

4 the respective staff office prepares a retirement bill for a member

5 of the Legislature;

6   3. "Legislative Actuary" means the firm or entity that enters

7 into a contract with the Legislative Service Bureau pursuant to

8 Section 452.15 of Title 74 of the Oklahoma Statutes to provide the

9 actuarial services and other duties provided for in the Oklahoma

10 Pension Legislation Actuarial Analysis Act;

11  4. "Nonfiscal amendment" means an amendment to a retirement

12 bill having a fiscal impact, which amendment does not change any

13 factor of an actuarial investigation specified in subsection A of

14 Section 3109 of this title;

15  5. "Nonfiscal retirement bill" means a retirement bill:

16  a. which does not affect the cost or funding factors of a

17  retirement system,

18  b. which affects such factors only in a manner which does

19  not:

20  (1) grant a benefit increase under the retirement

21                     system affected by the bill,

22  (2) create an actuarial accrued liability for or

23                     increase the actuarial accrued liability of the

24                     retirement system affected by the bill, or

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1   (3) increase the normal cost of the retirement system

2                   affected by the bill,

3   c. which authorizes the purchase by an active member of

4   the retirement system, at the actuarial cost for the

5   purchase as computed pursuant to the statute in effect

6   on the effective date of the measure allowing such

7   purchase, of years of service for purposes of reaching

8   a normal retirement date in the applicable retirement

9   system, but which cannot be used in order to compute

10  the number of years of service for purposes of

11  computing the retirement benefit for the member,

12  d. which provides for the computation of a service-

13  connected disability retirement benefit for members of

14  the Oklahoma Law Enforcement Retirement System

15  pursuant to Section 2-305 of Title 47 of the Oklahoma

16  Statutes if the members were unable to complete twenty

17  (20) years of service as a result of the disability,

18  e. which requires membership in the defined benefit plan

19  authorized by Section 901 et seq. of Title 74 of the

20  Oklahoma Statutes for persons whose first elected or

21  appointed service occurs on or after November 1, 2018,

22  if such persons had any prior service in the Oklahoma

23  Public Employees Retirement System prior to November

24  1, 2015,

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1   f. which provides for a one-time increase in retirement

2   benefits if the increase in retirement benefits is not

3   a permanent increase in the gross annual retirement

4   benefit payable to a member or beneficiary, occurs

5   only once pursuant to a single statutory authorization

6   and does not exceed:

7   (1) the lesser of two percent (2%) of the gross

8                   annual retirement benefit of the member or One

9                   Thousand Dollars ($1,000.00) and requires that

10                  the benefit may only be provided if the funded

11                  ratio of the affected retirement system would not

12                  be less than sixty percent (60%) but not greater

13                  than eighty percent (80%) after the benefit

14                  increase is paid,

15  (2) the lesser of two percent (2%) of the gross

16                  annual retirement benefit of the member or One

17                  Thousand Two Hundred Dollars ($1,200.00) and

18                  requires that the benefit may only be provided if

19                  the funded ratio of the affected retirement

20                  system would be greater than eighty percent (80%)

21                  but not greater than one hundred percent (100%)

22                  after the benefit increase is paid,

23  (3) the lesser of two percent (2%) of the gross

24                  annual retirement benefit of the member or One

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1                   Thousand Four Hundred Dollars ($1,400.00) and

2                   requires that the benefit may only be provided if

3                   the funded ratio of the affected retirement

4                   system would be greater than one hundred percent

5                   (100%) after the benefit increase is paid, or

6   (4) the greater of two percent (2%) of the gross

7                   annual retirement benefit of the volunteer

8                   firefighter or One Hundred Dollars ($100.00) for

9                   persons who retired from the Oklahoma

10                  Firefighters Pension and Retirement System as

11                  volunteer firefighters and who did not retire

12                  from the Oklahoma Firefighters Pension and

13                  Retirement System as a paid firefighter.

14  As used in this subparagraph, "funded ratio" means the

15  figure derived by dividing the actuarial value of

16  assets of the applicable retirement system by the

17  actuarial accrued liability of the applicable

18  retirement system,

19  g. which modifies the disability pension standard for

20  police officers who are members of the Oklahoma Police

21  Pension and Retirement System as provided by Section

22  50-115 of Title 11 of the Oklahoma Statutes,

23  h. which provides a cost-of-living benefit increase

24  pursuant to the provisions of:

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1   (1) Section 49-143.7 of Title 11 of the Oklahoma

2                   Statutes,

3   (2) Section 50-136.9 of Title 11 of the Oklahoma

4                   Statutes,

5   (3) Section 1104K of Title 20 of the Oklahoma

6                   Statutes,

7   (4) Section 2-305.12 of Title 47 of the Oklahoma

8                   Statutes,

9   (5) Section 17-116.22 of Title 70 of the Oklahoma

10                  Statutes,

11  (6) Section 930.11 of Title 74 of the Oklahoma

12                  Statutes,

13  i. which modifies the computation of the line-of-duty

14  disability benefit pursuant to the provisions of this

15  section and Sections 50-101 and 50-115 of Title 11 of

16  the Oklahoma Statutes, or

17  j. which authorizes membership in the Oklahoma Law

18  Enforcement Retirement System for active commissioned

19  or CLEET-certified agents of the Office of the

20  Attorney General or the Military Department of the

21  State of Oklahoma pursuant to Sections 3 2-309.9 and 4

22  2-309.10 of this act Title 47 of the Oklahoma

23  Statutes, or

24

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1   k. which modifies the definition of military service,

2   pursuant to Section 2 of this act, to include service

3   that was performed:

4                   (a) as a direct result of being inducted or of

5                   first enlisting for duty on a date when the

6                   federal government was actively inducting

7                   persons into the Armed Forces of the United

8                   States under federal draft laws,

9                   (b) as a reservist or member of the national

10                  guard who was ordered to duty under the

11                  authority of federal law,

12                  (c) during a time when the federal government

13                  was actively inducting persons into the

14                  armed forces under federal draft laws, or

15                  (d) as a result of voluntarily entering on

16                  active duty.

17 A nonfiscal retirement bill shall include any retirement bill that

18 has as its sole purpose the appropriation or distribution or

19 redistribution of monies in some manner to a retirement system for

20 purposes of reducing the unfunded liability of such system or the

21 earmarking of a portion of the revenue from a tax to a retirement

22 system or increasing the percentage of the revenue earmarked from a

23 tax to a retirement system;

24

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1   6. "Reduction-in-cost amendment" means an amendment to a

2 retirement bill having a fiscal impact which reduces the cost of the

3 bill as such cost is determined by the actuarial investigation for

4 the bill prepared pursuant to Section 3109 of this title;

5   7. "Retirement bill" means any bill or joint resolution

6 introduced or any bill or joint resolution amended by a member of

7 the Legislature which creates or amends any law directly affecting a

8 retirement system. A retirement bill shall not mean a bill or

9 resolution that impacts the revenue of any state tax in which a

10 portion of the revenue generated from such tax is earmarked for the

11 benefit of a retirement system;

12  8. "Retirement bill having a fiscal impact" means any

13 retirement bill creating or establishing a retirement system and any

14 other retirement bill other than a nonfiscal retirement bill; and

15  9. "Retirement system" means the Teachers' Retirement System of

16 Oklahoma, the Oklahoma Public Employees Retirement System, the

17 Uniform Retirement System for Justices and Judges, the Oklahoma

18 Firefighters Pension and Retirement System, the Oklahoma Police

19 Pension and Retirement System, the Oklahoma Law Enforcement

20 Retirement System, or a retirement system established after January

21 1, 2006.

22  SECTION 2.      AMENDATORY      74 O.S. 2021, Section 902, as last

23 amended by Section 1, Chapter 280, O.S.L. 2024 (74 O.S. Supp. 2025,

24 Section 902), is amended to read as follows:

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1   Section 902. As used in Section 901 et seq. of this title:

2   (1) "System" means the Oklahoma Public Employees Retirement

3 System as established by Section 901 et seq. of this title and as it

4 may hereafter be amended;

5   (2) "Accumulated contributions" means the sum of all

6 contributions by a member to the System which shall be credited to

7 the member's account;

8   (3) "Act" means Sections 901 to 932, inclusive, of this title;

9   (4) "Actuarial equivalent" means a deferred income benefit of

10 equal value to the accumulated deposits or benefits when computed

11 upon the basis of the actuarial tables in use by the System;

12  (5) "Actuarial tables" means the actuarial tables approved and

13 in use by the Board at any given time;

14  (6) "Actuary" means the actuary or firm of actuaries employed

15 by the Board at any given time;

16  (7) "Beneficiary" means any person named by a member to receive

17 any benefits as provided for by Section 901 et seq. of this title.

18 If there is no beneficiary living at time of member employee's

19 death, the member's estate shall be the beneficiary;

20  (8) "Board" means the Oklahoma Public Employees Retirement

21 System Board of Trustees;

22  (9) "Compensation" means all salary and wages, as defined by

23 the Board of Trustees, including amounts deferred under deferred

24 compensation agreements entered into between a member and a

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1 participating employer, but exclusive of payment for overtime,

2 payable to a member of the System for personal services performed

3 for a participating employer but shall not include compensation or

4 reimbursement for traveling, or moving expenses, or any compensation

5 in excess of the maximum compensation level, provided:

6   (a) For compensation for service prior to January 1, 1988,

7   the maximum compensation level shall be Twenty-five

8   Thousand Dollars ($25,000.00) per annum.

9   For compensation for service on or after January 1,

10  1988, through June 30, 1994, the maximum compensation

11  level shall be Forty Thousand Dollars ($40,000.00) per

12  annum.

13  For compensation for service on or after July 1, 1994,

14  through June 30, 1995, the maximum compensation level

15  shall be Fifty Thousand Dollars ($50,000.00) per

16  annum; for compensation for service on or after July

17  1, 1995, through June 30, 1996, the maximum

18  compensation level shall be Sixty Thousand Dollars

19  ($60,000.00) per annum; for compensation for service

20  on or after July 1, 1996, through June 30, 1997, the

21  maximum compensation level shall be Seventy Thousand

22  Dollars ($70,000.00) per annum; and for compensation

23  for service on or after July 1, 1997, through June 30,

24  1998, the maximum compensation level shall be Eighty

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                                        RBH No. 15134

1   Thousand Dollars ($80,000.00) per annum. For

2   compensation for services on or after July 1, 1998,

3   there shall be no maximum compensation level for

4   retirement purposes.

5   (b) Compensation for retirement purposes shall include any

6   amount of elective salary reduction under Section 457

7   of the Internal Revenue Code of 1986 and any amount of

8   nonelective salary reduction under Section 414(h) of

9   the Internal Revenue Code of 1986.

10  (c) Notwithstanding any provision to the contrary, the

11  compensation taken into account for any employee in

12  determining the contribution or benefit accruals for

13  any plan year is limited to the annual compensation

14  limit under Section 401(a)(17) of the federal Internal

15  Revenue Code.

16  (d) Current appointed members of the Oklahoma Tax

17  Commission whose salary is constitutionally limited

18  and is less than the highest salary allowed by law for

19  his or her position shall be allowed, within ninety

20  (90) days from March 21, 2001, to make an election to

21  use the highest salary allowed by law for the position

22  to which the member was appointed for the purposes of

23  making contributions and determination of retirement

24  benefits. Such election shall be irrevocable and be

    Req. No. 15134                                     Page 11
                                                RBH No. 15134

1   in writing. Reappointment to the same office shall

2   not permit a new election. Members appointed to the

3   Oklahoma Tax Commission after the March 21, 2001,

4   shall make such election, pursuant to this

5   subparagraph, within ninety (90) days of taking

6   office;

7   (10) "Credited service" means the sum of participating service,

8 prior service and elected service;

9   (11) "Dependent" means a parent, child, or spouse of a member

10 who is dependent upon the member for at least one-half (1/2) of the

11 member's support;

12  (12) "Effective date" means the date upon which the System

13 becomes effective by operation of law;

14  (13) "Eligible employer" means the state and any county, county

15 hospital, city or town, conservation districts, circuit engineering

16 districts and any public or private trust in which a county, city or

17 town participates and is the primary beneficiary, is to be an

18 eligible employer for the purpose of Section 901 et seq. of this

19 title only, whose employees are covered by Social Security and are

20 not covered by or eligible for another retirement plan authorized

21 under the laws of this state which is in operation on the initial

22 entry date. Emergency medical service districts may join the System

23 upon proper application to the Board. Provided, affiliation by a

24

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1 county hospital shall be in the form of a resolution adopted by the

2 board of control.

3   (a) If a class or several classes of employees of any

4   above-defined employers are covered by Social Security

5   and are not covered by or eligible for and will not

6   become eligible for another retirement plan authorized

7   under the laws of this state, which is in operation on

8   the effective date, such employer shall be deemed an

9   eligible employer, but only with respect to that class

10  or those classes of employees as defined in this

11  section.

12  (b) A class or several classes of employees who are

13  covered by Social Security and are not covered by or

14  eligible for and will not become eligible for another

15  retirement plan authorized under the laws of this

16  state, which is in operation on the effective date,

17  and when the qualifications for employment in such

18  class or classes are set by state law; and when such

19  class or classes of employees are employed by a county

20  or municipal government pursuant to such

21  qualifications; and when the services provided by such

22  employees are of such nature that they qualify for

23  matching by or contributions from state or federal

24  funds administered by an agency of state government

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1   which qualifies as a participating employer, then the

2   agency of state government administering the state or

3   federal funds shall be deemed an eligible employer,

4   but only with respect to that class or those classes

5   of employees as defined in this subsection; provided,

6   that the required contributions to the retirement plan

7   may be withheld from the contributions of state or

8   federal funds administered by the state agency and

9   transmitted to the System on the same basis as the

10  employee and employer contributions are transmitted

11  for the direct employees of the state agency. The

12  retirement or eligibility for retirement under the

13  provisions of law providing pensions for service as a

14  volunteer firefighter shall not render any person

15  ineligible for participation in the benefits provided

16  for in Section 901 et seq. of this title. An employee

17  of any public or private trust in which a county, city

18  or town participates and is the primary beneficiary

19  shall be deemed to be an eligible employee for the

20  purpose of Section 901 et seq. of this title only.

21  (c) All employees of the George Nigh Rehabilitation

22  Institute who elected to retain membership in the

23  System, pursuant to Section 913.7 of this title, shall

24  continue to be eligible employees for the purposes of

    Req. No. 15134                                       Page 14
                    RBH No. 15134

1   Section 901 et seq. of this title. The George Nigh

2   Rehabilitation Institute shall be considered a

3   participating employer only for such employees.

4   (d) All employees of CompSource Mutual Insurance Company

5   who retain membership in the Oklahoma Public Employees

6   Retirement System pursuant to Section 913.9 of this

7   title shall continue to be eligible employees for the

8   purposes of the Oklahoma Public Employees Retirement

9   System. CompSource Mutual Insurance Company shall be

10  considered a participating employer only for such

11  employees.

12  (e) All employees of a successor organization, as defined

13  by Section 5-60.12 of Title 2 of the Oklahoma

14  Statutes, who retain membership in the Oklahoma Public

15  Employees Retirement System pursuant to Section 5-

16  60.35 of Title 2 of the Oklahoma Statutes shall

17  continue to be eligible employees for the purposes of

18  the Oklahoma Public Employees Retirement System. A

19  successor organization shall be considered a

20  participating employer only for such employees.

21  (f) A participating employer of the Teachers' Retirement

22  System of Oklahoma, who has one or more employees who

23  have made an election pursuant to enabling legislation

24  to retain membership in the System as a result of

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1   change in administration, shall be considered a

2   participating employer of the Oklahoma Public

3   Employees Retirement System only for such employees;

4   (14) "Employee" means any officer or employee of a

5 participating employer, whose employment is not seasonal or

6 temporary and whose employment requires at least one thousand

7 (1,000) hours of work per year and whose salary or wage is equal to

8 the hourly rate of the monthly minimum wage for state employees.

9 For those eligible employers outlined in Section 910 of this title,

10 the rate shall be equal to the hourly rate of the monthly minimum

11 wage for that employer. Each employer, whose minimum wage is less

12 than the state's minimum wage, shall inform the System of the

13 minimum wage for that employer. This notification shall be by

14 resolution of the governing body.

15  (a) Any employee of the county extension agents who is not

16  currently participating in the Teachers' Retirement

17  System of Oklahoma shall be a member of this System.

18  (b) Eligibility shall not include any employee who is a

19  contributing member of the United States Civil Service

20  Retirement System.

21  (c) It shall be mandatory for an officer, appointee or

22  employee of the office of district attorney to become

23  a member of this System if he or she is not currently

24  participating in a county retirement system. Provided

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1   further, that if an officer, appointee or employee of

2   the office of district attorney is currently

3   participating in such county retirement system, he or

4   she is ineligible for this System as long as he or she

5   is eligible for such county retirement system. Any

6   eligible officer, appointee or employee of the office

7   of district attorney shall be given credit for prior

8   service as defined in this section. The provisions

9   outlined in Section 917 of this title shall apply to

10  those employees who have previously withdrawn their

11  contributions.

12  (d) Eligibility shall also not include any officer or

13  employee of the Oklahoma Employment Security

14  Commission, except for those officers and employees of

15  the Commission electing to transfer to this System

16  pursuant to the provisions of Section 910.1 of this

17  title or any other class of officers or employees

18  specifically exempted by the laws of this state,

19  unless there be a consolidation as provided by Section

20  912 of this title. Employees of the Oklahoma

21  Employment Security Commission who are ineligible for

22  enrollment in the Oklahoma Employment Security

23  Commission Retirement Plan, that was in effect on

24  January 1, 1964, shall become members of this System.

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1   (e) Any employee employed by the Legislative Service

2   Bureau, Senate or House of Representatives for the

3   full duration of a regular legislative session shall

4   be eligible for membership in the System regardless of

5   classification as a temporary employee and may

6   participate in the System during the regular

7   legislative session at the option of the employee.

8   For purposes of this subparagraph, the determination

9   of whether an employee is employed for the full

10  duration of a regular legislative session shall be

11  made by the Legislative Service Bureau if such

12  employee is employed by the Legislative Service

13  Bureau, the Senate if such employee is employed by the

14  Senate, or by the House of Representatives if such

15  employee is employed by the House of Representatives.

16  Each regular legislative session during which the

17  legislative employee or an employee of the Legislative

18  Service Bureau participates full time shall be counted

19  as six (6) months of full-time participating service.

20  (i) Except as otherwise provided by this

21                  subparagraph, once a temporary session employee

22                  makes a choice to participate or not, the choice

23                  shall be binding for all future legislative

24                  sessions during which the employee is employed.

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1   (ii) Notwithstanding the provisions of division (i) of

2                   this subparagraph, any employee, who is eligible

3                   for membership in the System because of the

4                   provisions of this subparagraph and who was

5                   employed by the Senate or House of

6                   Representatives after January 1, 1989, may file

7                   an election, in a manner specified by the Board,

8                   to participate as a member of the System prior to

9                   September 1, 1989.

10  (iii) Notwithstanding the provisions of division (i) of

11                  this subparagraph, a temporary legislative

12                  session employee who elected to become a member

13                  of the System may withdraw from the System

14                  effective the day such employee elected to

15                  participate in the System upon written request to

16                  the Board. Any such request must be received by

17                  the Board prior to October 1, 1990. All employee

18                  contributions made by the temporary legislative

19                  session employee shall be returned to the

20                  employee without interest within four (4) months

21                  of receipt of the written request.

22  (iv) A member of the System who did not initially

23                  elect to participate as a member of the System

24                  pursuant to this subparagraph shall be able to

    Req. No. 15134                                               Page 19
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1                   acquire service performed as a temporary

2                   legislative session employee for periods of

3                   service performed prior to the date upon which

4                   the person became a member of the System if:

5                   a. the member files an election with the System

6                   not later than December 31, 2000, to

7                   purchase the prior service; and

8                   b. the member makes payment to the System of

9                   the actuarial cost of the service credit

10                  pursuant to subsection A of Section 913.5 of

11                  this title. The provisions of Section 913.5

12                  of this title shall be applicable to the

13                  purchase of the service credit, including

14                  the provisions for determining service

15                  credit in the event of incomplete payment

16                  due to cessation of payments, death,

17                  termination of employment or retirement, but

18                  the payment may extend for a period not to

19                  exceed ninety-six (96) months;

20  (15) "Entry date" means the date on which an eligible employer

21 joins the System. The first entry date pursuant to Section 901 et

22 seq. of this title shall be January 1, 1964;

23

24

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1   (16) "Executive Director" means the managing officer of the

2 System employed by the Board under Section 901 et seq. of this

3 title;

4   (17) "Federal Internal Revenue Code" means the federal Internal

5 Revenue Code of 1954 or 1986, as amended and as applicable to a

6 governmental plan as in effect on July 1, 1999;

7   (18) "Final average compensation" means the average annual

8 compensation, including amounts deferred under deferred compensation

9 agreements entered into between a member and a participating

10 employer, up to, but not exceeding the maximum compensation levels

11 as provided in paragraph (9) of this section received during the

12 highest three (3) of the last ten (10) years of participating

13 service immediately preceding retirement or termination of

14 employment and with respect to members whose first participating

15 service occurs on or after July 1, 2013, the compensation received

16 during the highest five (5) of the last ten (10) years of

17 participating service immediately preceding retirement or

18 termination of employment. Provided, no member shall retire with a

19 final average compensation unless the member has made the required

20 contributions on such compensation, as defined by the Board of

21 Trustees;

22  (19) "Fiscal year" means the period commencing July 1 of any

23 year and ending June 30 of the next year. The fiscal year is the

24 plan year for purposes of the federal Internal Revenue Code;

    Req. No. 15134                                                 Page 21
                                                     RBH No. 15134

1 however, the calendar year is the limitation year for purposes of

2 Section 415 of the federal Internal Revenue Code;

3   (20) "Fund" means the Oklahoma Public Employees Retirement Fund

4 as created by Section 901 et seq. of this title;

5   (21) "Leave of absence" means a period of absence from

6 employment without pay, authorized and approved by the employer and

7 acknowledged to the Board, and which after the effective date does

8 not exceed two (2) years;

9   (22) "Member" means an eligible employee or elected official

10 who is in the System and is making the required employee or elected

11 official contributions, or any former employee or elected official

12 who shall have made the required contributions to the System and

13 shall have not received a refund or withdrawal;

14  (23) "Military service" means service in the Armed Forces of

15 the United States by an honorably discharged person during the

16 following time periods, as reflected on such person's Defense

17 Department Form 214, not to exceed five (5) years for combined

18 participating and/or prior service, as follows that was performed:

19  (a) during the following periods, including the beginning

20  and ending dates, and only for the periods served,

21  from:

22  (i) April 6, 1917, to November 11, 1918, commonly

23                  referred to as World War I,

24

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                                                     RBH No. 15134

1   (ii) September 16, 1940, to December 7, 1941, as a

2                   member of the 45th Division,

3   (iii) December 7, 1941, to December 31, 1946, commonly

4                   referred to as World War II,

5   (iv) June 27, 1950, to January 31, 1955, commonly

6                   referred to as the Korean Conflict or the Korean

7                   War,

8   (v) February 28, 1961, to May 7, 1975, commonly

9                   referred to as the Vietnam era, except that:

10                  a. for the period from February 28, 1961, to

11                        August 4, 1964, military service shall only

12                        include service in the Republic of Vietnam

13                        during that period, and

14                  b. for purposes of determining eligibility for

15                        education and training benefits, such period

16                        shall end on December 31, 1976, or

17  (vi) August 1, 1990, to December 31, 1991, commonly

18                  referred to as the Gulf War, the Persian Gulf

19                  War, or Operation Desert Storm, but excluding any

20                  person who served on active duty for training

21                  only, unless discharged from such active duty for

22                  a service-connected disability;

23  (b) during a period of war or combat military operation

24  other than a conflict, war or era listed in

    Req. No. 15134                                            Page 23
                    RBH No. 15134

1   subparagraph (a) of this paragraph, beginning on the

2   date of Congressional authorization, Congressional

3   resolution, or Executive Order of the President of the

4   United States, for the use of the Armed Forces of the

5   United States in a war or combat military operation,

6   if such war or combat military operation lasted for a

7   period of ninety (90) days or more, for a person who

8   served, and only for the period served, in the area of

9   responsibility of the war or combat military

10  operation, but excluding a person who served on active

11  duty for training only, unless discharged from such

12  active duty for a service-connected disability, and

13  provided that the burden of proof of military service

14  during this period shall be with the member, who must

15  present appropriate documentation establishing such

16  service.

17  An eligible member under this paragraph shall include only

18  those persons who shall have served during the times or in

19  the areas prescribed in this paragraph, and only if such

20  person provides appropriate documentation in such time and

21  manner as required by the System to establish such military

22  service prescribed in this paragraph, or for service

23  pursuant to subdivision a of division (v) of subparagraph

24  (a) of this paragraph those persons who were awarded

    Req. No. 15134                                        Page 24
                                             RBH No. 15134

1   service medals, as authorized by the United States

2   Department of Defense as reflected in the veteran's Defense

3   Department Form 214, related to the Vietnam Conflict for

4   service prior to August 5, 1964 as a direct result of being

5   inducted or of first enlisting for duty on a date when the

6   federal government was actively inducting persons into the

7   Armed Forces of the United States under federal draft laws,

8   (b) as a reservist or member of the national guard who was

9   ordered to duty under the authority of federal law,

10  (c) during a time when the federal government was actively

11  inducting persons into the armed forces under federal

12  draft laws, or

13  (d) as a result of voluntarily entering on active duty.

14 Military service that is terminated by sentence of a court-martial

15 is not creditable;

16  (24) "Normal retirement date" means the date on which a member

17 may retire with full retirement benefits as provided in Section 901

18 et seq. of this title, such date being whichever occurs first:

19  (a) the first day of the month coinciding with or

20  following a member's:

21  (1) sixty-second birthday with respect to members

22                     whose first participating service occurs prior to

23                     November 1, 2011, or

24

    Req. No. 15134                                                 Page 25
                                        RBH No. 15134

1   (2) sixty-fifth birthday with respect to members

2                   whose first participating service occurs on or

3                   after November 1, 2011, or with respect to

4                   members whose first participating service occurs

5                   on or after November 1, 2011, who reach a minimum

6                   age of sixty (60) years and who also reach a

7                   normal retirement date pursuant to subparagraph c

8                   of this paragraph,

9   (b) for any person who initially became a member prior to

10  July 1, 1992, and who does not reach a normal

11  retirement date pursuant to division (1) of

12  subparagraph (a) of this paragraph, the first day of

13  the month coinciding with or following the date at

14  which the sum of a member's age and number of years of

15  credited service total eighty (80); such a normal

16  retirement date will also apply to any person who

17  became a member of the sending system as defined in

18  Section 901 et seq. of this title, prior to July 1,

19  1992, regardless of whether there were breaks in

20  service after July 1, 1992,

21  (c) for any person who became a member after June 30,

22  1992, but prior to November 1, 2011, and who does not

23  reach a normal retirement date pursuant to division

24  (1) of subparagraph (a) of this paragraph, the first

    Req. No. 15134                                              Page 26
                                                           RBH No. 15134

1   day of the month coinciding with or following the date

2   at which the sum of a member's age and number of years

3   of credited service total ninety (90),

4   (d) in addition to subparagraphs (a), (b) and (c) of this

5   paragraph, the first day of the month coinciding with

6   or following a member's completion of at least twenty

7   (20) years of full-time-equivalent employment as:

8   (i) a correctional or probation and parole officer

9                   with the Department of Corrections and at the

10                  time of retirement, the member was a correctional

11                  or probation and parole officer with the

12                  Department of Corrections,

13  (ii) a correctional officer, probation and parole

14                  officer or fugitive apprehension agent with the

15                  Department of Corrections who is in such position

16                  on June 30, 2004, or who is hired after June 30,

17                  2004, and who receives a promotion or change in

18                  job classification after June 30, 2004, to

19                  another position in the Department of

20                  Corrections, so long as such officer or agent has

21                  at least five (5) years of service as a

22                  correctional officer, probation and parole

23                  officer or fugitive apprehension agent with the

24                  Department, has twenty (20) years of full-time-

    Req. No. 15134                                              Page 27
                                                      RBH No. 15134

1                   equivalent employment with the Department and was

2                   employed by the Department at the time of

3                   retirement,

4   (iii) a firefighter with the Military Department of the

5                   State of Oklahoma either employed for the first

6                   time on or after July 1, 2002, or who was

7                   employed prior to July 1, 2002, in such position

8                   and who makes the election authorized by division

9                   (2) of subparagraph b of paragraph (9) of

10                  subsection A of Section 915 of this title and at

11                  the time of retirement, the member was a

12                  firefighter with the Military Department of the

13                  State of Oklahoma, and such member has at least

14                  twenty (20) years of credited service upon which

15                  the two and one-half percent (2 1/2%) multiplier

16                  will be used in calculating the retirement

17                  benefit,

18  (iv) a public safety officer employed by the Grand

19                  River Dam Authority for the first time on or

20                  after July 1, 2016,

21  (v) a deputy sheriff or jailer employed by any county

22                  that is a participating employer in the System

23                  for the first time as a deputy sheriff or jailer

24                  on or after November 1, 2020, or

    Req. No. 15134                                              Page 28
                                                         RBH No. 15134

1   (vi) beginning November 1, 2024, a deputy sheriff or

2                   jailer employed by any county that is a

3                   participating employer in the System for the

4                   first time as a deputy sheriff or jailer before

5                   November 1, 2020, including those who make the

6                   election authorized by division (2) of

7                   subparagraph b of paragraph (10) of subsection A

8                   of Section 915 of this title, and at the time of

9                   retirement, if the member was a deputy sheriff or

10                  jailer employed by the participating county, and

11                  such member has at least twenty (20) years of

12                  credited service upon which the two and one-half

13                  percent (2 1/2%) multiplier will be used in

14                  calculating the retirement benefit,

15  (e) for those fugitive apprehension agents who retire on

16  or after July 1, 2002, the first day of the month

17  coinciding with or following a member's completion of

18  at least twenty (20) years of full-time-equivalent

19  employment as a fugitive apprehension agent with the

20  Department of Corrections and at the time of

21  retirement, the member was a fugitive apprehension

22  agent with the Department of Corrections, or

23  (f) for any member who was continuously employed by an

24  entity or institution within The Oklahoma State System

    Req. No. 15134                                               Page 29
                             RBH No. 15134

1              of Higher Education and whose initial employment with

2              such entity or institution was prior to July 1, 1992,

3              and who without a break in service of more than thirty

4              (30) days became employed by an employer participating

5              in the Oklahoma Public Employees Retirement System,

6              the first day of the month coinciding with or

7              following the date at which the sum of the member's

8              age and number of years of credited service total

9              eighty (80);

10  (25) "Participating employer" means an eligible employer who

11 has agreed to make contributions to the System on behalf of its

12 employees;

13  (26) "Participating service" means the period of employment

14 after the entry date for which credit is granted a member.

15 Provided, on or after the effective date of this act, military

16 service credit purchased under Section 913.8 of this title shall

17 only be considered "participating service" if such service is

18 immediately preceded by a period of employment with a participating

19 employer and followed by a return to service as an employee with the

20 same or another participating employer within ninety (90) days

21 immediately following discharge from such military service;

22  (27) "Prior service" means the period of employment of a member

23 by an eligible employer prior to the member's entry date for which

24 credit is granted a member under Section 901 et seq. of this title.

    Req. No. 15134                                                 Page 30
                                                           RBH No. 15134

1 Provided, on or after the effective date of this act, "prior

2 service" shall also include service purchased under Section 913.8 of

3 this title which does not meet the requirements of paragraph 26 of

4 this section;

5   (28) "Retirant" or "retiree" means a member who has retired

6 under the System;

7   (29) "Retirement benefit" means a monthly income with benefits

8 accruing from the first day of the month coinciding with or

9 following retirement and ending on the last day of the month in

10 which death occurs or the actuarial equivalent thereof paid in such

11 manner as specified by the member pursuant to Section 901 et seq. of

12 this title or as otherwise allowed to be paid at the discretion of

13 the Board;

14  (30) "Retirement coordinator" means the individual designated

15 by each participating employer through whom System transactions and

16 communication shall be directed;

17  (31) "Social Security" means the old-age survivors and

18 disability section of the federal Social Security Act;

19  (32) "Total disability" means a physical or mental disability

20 accepted for disability benefits by the federal Social Security

21 System;

22  (33) "Service-connected disability benefits" means military

23 service benefits which are for a service-connected disability rated

24

    Req. No. 15134                                              Page 31
                                                       RBH No. 15134

1 at twenty percent (20%) or more by the Veterans Administration or

2 the Armed Forces of the United States;

3   (34) "Elected official" means a person elected to a state

4 office in the legislative or executive branch of state government or

5 a person elected to a county office for a definite number of years

6 and shall include an individual who is appointed to fill the

7 unexpired term of an elected state official;

8   (35) "Elected service" means the period of service as an

9 elected official;

10  (36) "Limitation year" means the year used in applying the

11 limitations of Section 415 of the Internal Revenue Code of 1986,

12 which year shall be the calendar year; and

13  (37) "Public safety officers of the Grand River Dam Authority"

14 means those persons hired by the Grand River Dam Authority on or

15 after March 21, 2001, who are certified by the Council on Law

16 Enforcement Education and Training or an equivalent certifying

17 entity for law enforcement personnel training and who perform law

18 enforcement functions as part of their regularly assigned duties and

19 responsibilities on a full-time basis. With respect to any public

20 safety officer hired by the Grand River Dam Authority on or after

21 March 21, 2001, any earned benefits or credits toward retirement

22 benefits from previous participation within the Oklahoma Public

23 Employees Retirement System or the Oklahoma Law Enforcement

24 Retirement System shall remain within that system.

    Req. No. 15134                                                 Page 32
                                    RBH No. 15134

1   SECTION 3. Section 1 of this act shall become effective October

2 1, 2026.

3   SECTION 4. Section 2 of this act shall become effective

4 November 1, 2026.

5

6   60-2-15134       CMA  01/08/26

7

8

9

10

11

12

13

14

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    Req. No. 15134                                           Page 33
THOMAS E. CUMMINS CONSULTING ACTUARY, INC.
2512 E. 71st Street , Suite D  Tulsa, Oklahoma 74136
(918) 492-9658  (918) 492- 9659

January 13, 2026

Representative Provenzano
Room 543

Re: RBH No. 15134
RBH No. 15134 changes the time periods of military service that are
eligible for service credit in OPERS. The current law is wartime
periods. This bill would change the definition to any military
service. The maximum military service credit of 5 years.
RBH No. 15134 also amends OPLAAA to define the above change to non
fiscal.

RBH No. 15134 is a non fiscal bill as defined by OPLAAA as amended.
I am a member of the American Academy of Actuaries and meet the
Qualification Standards of the American Academy of Actuaries to
render the actuarial opinion herein.

Thomas E. Cummins

Thomas E. Cummins, MAAA
Every fact on this page links to its source, starting with the official bill record.