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Oklahoma Legislature· HB 4331Second Reading referred to Rules

An act relating to retirement, the official text

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RBH No. 14743

1                   STATE OF OKLAHOMA

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

3 HOUSE BILL 4331               By: Moore

4

5

6                   AS INTRODUCED

7   An Act relating to retirement; amending 70 O.S. 2021,

    Sections 17-103, as amended by Section 2, Chapter

8   300, O.S.L. 2024, 17-105.2, 17-108.2, and 17-116.2

    (70 O.S. Supp. 2025, Section 17-103), which relate to

9   the Teachers' Retirement System of Oklahoma;

    modifying dates; providing that an individual elected

10  to certain position shall be a member of the System

    in certain circumstances; modifying provisions

11  related to partial lump sum payments; providing that

    a certified athletic trainer shall be credited

12  certain amount based on teaching experience;

    modifying provisions related to election or

13  appointment; and providing an effective date.

14

15

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

17  SECTION 1.      AMENDATORY  70 O.S. 2021, Section 17-103, as

18 amended by Section 2, Chapter 300, O.S.L. 2024 (70 O.S. Supp. 2025,

19 Section 17-103), is amended to read as follows:

20  Section 17-103. Except as provided in the Alternate Retirement

21 Plan for Comprehensive Universities Act, the membership of the

22 retirement system shall consist of the following:

23  A. All classified personnel shall become members of the

24 retirement system as a condition of their employment.

    Req. No. 14743                                                 Page 1
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1   B. For the period from August 2, 1969, to June 30, 2021, all

2 full-time nonclassified optional personnel regularly employed for

3 more than one (1) year may join the Teachers' Retirement System of

4 Oklahoma subject to the rules and regulations adopted pursuant to

5 the Teachers' Retirement System of Oklahoma. On or after July 1,

6 2021, all nonclassified optional personnel regularly employed for

7 twenty (20) hours or more per week may join the System upon hiring

8 or eligibility, subject to the provisions of subsection C of this

9 section and the rules and regulations adopted by the System pursuant

10 to Section 17-101 et seq. of this title.

11  C. 1. Nonclassified optional personnel shall have thirty (30)

12 days from the initial date of hire or eligibility to make a one-time

13 irrevocable election to opt out of participation in the System, in a

14 manner required by the Board of Trustees. If an eligible employee

15 fails to make an election within the thirty-day period, the eligible

16 employee shall be deemed to participate in the System.

17  2. If an eligible employee elects to opt out of participation

18 in the System, the employee shall not make any required employee

19 contributions to the System and the employee's employer shall not

20 make any required employer contributions to the System.

21  3. If an eligible nonclassified optional employee does not

22 timely opt out of participation in the System, such an employee

23 shall make employee contributions to the System pursuant to Section

24 17-116.2 of this title and the employer shall make employer

    Req. No. 14743                                                  Page 2
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1 contributions to the System pursuant to Section 17-108.1 of this

2 title. Nothing in this subsection shall be construed to prohibit

3 the employer from making the contribution of the employee to the

4 System on behalf of the employee.

5   4. Nonclassified optional personnel who opt out of

6 participation in the System shall be ineligible for future

7 participation in the System; provided, however, that if such an

8 employee is hired for a classified position, he or she shall become

9 a member of the System pursuant to subsection A of this section but

10 shall not be eligible for prior service credit for service performed

11 while employed in a nonclassified position during which the employee

12 opted out of participation in the System.

13  D. The Board of Trustees may, in its discretion, deny the right

14 to become members to any class of members whose compensation is only

15 partly paid by the state, or who is serving on a temporary or other

16 than per annum basis, and it also may, in its discretion, make the

17 individual entrance into the retirement system for members in any

18 such class optional.

19  E. Should any non-vested member, in any period of six (6)

20 consecutive years after becoming a member, be absent from service

21 more than five (5) years, withdraw his or her contributions, retire

22 or die, he or she shall thereupon cease to be a member. The

23 provisions of this subsection shall not apply to any member of the

24 Teachers' Retirement System of Oklahoma who has been a member of

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1 such classes of military services as may be approved by the Board of

2 Trustees, until a period of one and one-half (1 1/2) years from date

3 of termination of such service shall have elapsed.

4   F. Effective November 1, 2019 2026, a retired member of the

5 Teachers' Retirement System of Oklahoma who becomes employed by the

6 State Department of Education for the first time on or after

7 November 1, 2019 2026, shall have the option to remain a member of

8 the Teachers' Retirement System of Oklahoma subject to any

9 applicable limitations placed on retired members returning to work

10 or may choose to participate as an active member in the Oklahoma

11 Public Employees Retirement System defined benefit plan or the

12 Oklahoma Public Employees Retirement System defined contribution

13 system, whichever is applicable under the laws and rules governing

14 those systems.

15  G. Notwithstanding the foregoing subsection F of this section

16 or the requirements of paragraphs 8 and 9 of subsection A of Section

17 913.4 of Title 74 of the Oklahoma Statutes, if the individual

18 elected to State Superintendent of Public Instruction has any

19 previous membership in the Teachers' Retirement System of Oklahoma,

20 the State Superintendent of Public Instruction shall be a member of

21 the Teachers' Retirement System of Oklahoma pursuant to the

22 governing laws and rules of the Teachers' Retirement System of

23 Oklahoma.

24

    Req. No. 14743                                                 Page 4
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1   SECTION 2.      AMENDATORY  70 O.S. 2021, Section 17-105.2, is

2 amended to read as follows:

3   Section 17-105.2. A. A member who is eligible to retire on or

4 after normal retirement age with at least thirty (30) years of

5 creditable service may elect to receive a partial lump-sum payment

6 on the date of retirement and a reduced annuity. The partial lump-

7 sum payment shall be an amount equal to the unreduced retirement

8 benefit, which shall be referred to as the "Maximum Retirement

9 Allowance" for purposes of this section, which would have been paid

10 over a period of twelve (12), twenty-four (24), or thirty-six (36)

11 months, had the lump-sum option not been elected. Once the payout

12 amount is elected, a the reduced Maximum Retirement Allowance

13 annuity is then calculated using factors adopted by the Board of

14 Trustees based upon the System's actuarial expected rate of return

15 and the member's age at retirement and the payout option (twelve

16 (12), twenty-four (24), or thirty-six (36) months) elected. This

17 reduced Maximum Retirement Allowance annuity shall also be reduced

18 in accordance with any retirement options the member has elected

19 pursuant to Section 17-105 of Title 70 of the Oklahoma Statutes this

20 title.

21  B. The partial lump-sum payment, authorized pursuant to this

22 section, shall be paid in a check separate issued separately from

23 the regular monthly retirement benefit. The total amount of the

24 partial lump-sum payment shall be deducted from the member's account

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1 balance consisting of the employee contributions plus interest

2 earned prior to July 1, 1968, for purposes of determining unused

3 contributions remaining in the account. The member may elect to

4 rollover the taxable portion of the partial lump-sum payment to an

5 eligible retirement plan or individual retirement account (IRA).

6 The nontaxable portion of the partial lump-sum payment can be rolled

7 over to an IRA or another qualified retirement plan as allowed by

8 the Internal Revenue Code and regulations. This partial lump-sum

9 payment shall be subject to federal income tax in accordance with

10 the Internal Revenue Code Section 72 and other such Internal Revenue

11 Code sections and regulations as may be applicable. This partial

12 lump-sum benefit is subject to the same restrictions for assignment

13 and attachment as all other retirement benefits. The appropriate

14 portion of the partial lump-sum distribution will be reported to the

15 Internal Revenue Service (IRS) as taxable income and appropriate tax

16 withholdings will be withheld unless the member elects to make a

17 direct rollover of the taxable portion of the funds. Should the

18 member have after-tax contributions, a portion of such after-tax

19 contributions will be allocated to the partial lump-sum payment and

20 to the remaining annuity on a prorata basis.

21  C. The partial lump-sum option under this section may be

22 elected only once by a member and may not be elected by a retiree.

23  D. The board of trustees shall promulgate any rules necessary

24 for the implementation of this section.

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1   SECTION 3.      AMENDATORY   70 O.S. 2021, Section 17-108.2, is

2 amended to read as follows:

3   Section 17-108.2. A. Beginning July 1, 2019, and for each plan

4 year thereafter, a person employed by any school district or

5 employed by a technology center school district, who holds a valid

6 certificate issued by the State Department of Education or the State

7 Board of Career and Technology Education, and is employed on a full-

8 time basis to serve as a teacher, principal, supervisor,

9 administrator, superintendent, counselor, librarian or, certified or

10 registered nurse, or as a certified athletic trainer pursuant to

11 Section 1-116 of this title shall have credited against the employee

12 contribution amount, an annual amount based upon qualifying years of

13 service teaching experience as follows:

14  YEARS OF SERVICE EXPERIENCE             CREDIT AMOUNT

15  0                                       $60.15

16  1                                       $103.41

17  2                                       $145.65

18  3                                       $188.15

19  4                                       $233.33

20  5                                       $278.76

21  6                                       $325.26

22  7                                       $372.82

23  8                                       $421.44

24  9                                       $471.12

    Req. No. 14743                                              Page 7
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1   10                              $521.87

2   11                              $573.67

3   12                              $626.54

4   13                              $680.48

5   14                              $735.47

6   15                              $791.53

7   16                              $848.65

8   17                              $906.83

9   18                              $966.07

10  19                              $1,026.38

11  20                              $1,087.75

12  21                              $1,150.18

13  22                              $1,213.68

14  23                              $1,278.23

15  24                              $1,343.85

16  25 or more                      $1,410.53

17  B. The state shall pick up for tax purposes and pay the annual

18 amount prescribed by subsection A of this section, based upon the

19 conditions prescribed by subsection A of this section, to the

20 Teachers' Retirement System. The annual amount prescribed by

21 subsection A of this section shall be divided into monthly amounts

22 as may be required in order to give full effect to the credit amount

23 without the necessity of dividing the annual credit amount into

24 twelve (12) equal installments.

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1   C. If an eligible member under this section terminates service

2 prior to June 30 of any applicable plan year, the amounts prescribed

3 by subsection A of this section, and transferred to the Teachers'

4 Retirement System from the State Board of Education and the State

5 Board of Career and Technology Education shall be retained by the

6 Teachers' Retirement System of Oklahoma and treated as an actuarial

7 gain of the System.

8   D. If an employing school district has contractually committed

9 to make payment of the employee contributions required by Section

10 17-116.2 of this title for a member who is eligible for the credit

11 amount prescribed by subsection A of this section for the fiscal

12 year, using funds available to the district and not by effecting the

13 employee contribution through a deduction from the member's gross

14 salary, the district shall pay additional compensation to each of

15 its eligible teachers in an amount equal to the amount prescribed by

16 subsection A of this section based upon the number of years of

17 teaching experience of the eligible member.

18  E. If an eligible member is hired by a school district or a

19 technology center school district and receives compensation for less

20 than one hundred eighty (180) days of service, the district shall

21 determine a pro rata amount of the annual credit amount and shall

22 pay additional compensation to the member equal to the pro rata

23 amount for each month during which the member is employed. The

24 monthly credit amount for such member shall be added to the member's

    Req. No. 14743                                                  Page 9
                                       RBH No. 14743

1 compensation beginning with the first full month during which the

2 member is employed by the district.

3   F. The amount required to be added to the compensation of the

4 eligible member pursuant to subsection D of this section shall be

5 subject to any applicable federal or state taxes upon the additional

6 income.

7   G. The amount required to be added to the compensation of the

8 eligible member pursuant to subsection D of this section shall not

9 be treated as regular annual compensation for purposes of Section

10 17-116.2 of this title or as salary or fringe benefits for purposes

11 of determining any applicable statutory minimum salary requirements

12 or for purposes of meeting the requirements of any locally adopted

13 salary schedule.

14  H. The employing district shall prepare its payroll records to

15 reflect that the total employee contribution amount, for the salary

16 not in excess of the applicable minimum salary amount, has been paid

17 pursuant to a combination of the payment from the funds of the

18 employing district and the amount credited to the employee

19 contribution account of the member pursuant to subsection A of this

20 section.

21  I. If an employing school district has contractually committed

22 to deduct employee contributions required by Section 17-116.2 of

23 this title by effecting the employee contribution through a

24 deduction from the member's gross salary, the district shall

    Req. No. 14743                                                 Page 10
                                                        RBH No. 14743

1 decrease the amount of the payroll deduction for such employee

2 contribution by the amount as prescribed in subsection A of this

3 section, based upon the number of years of teaching experience of

4 the member. The amount required to be subtracted from the amount by

5 which the employee's gross salary would otherwise be reduced

6 pursuant to this subsection shall be subject to any applicable

7 federal or state taxes. The employing district shall prepare its

8 payroll records to reflect that the total employee contribution

9 amount, for the salary not in excess of the applicable minimum

10 salary amount, has been paid pursuant to a combination of the

11 deduction from the member's salary and the amount credited to the

12 employee contribution account of the member pursuant to subsection A

13 of this section.

14  SECTION 4.       AMENDATORY  70 O.S. 2021, Section 17-116.2, is

15 amended to read as follows:

16  Section 17-116.2. A. 1. Beginning July 1, 1987, and prior to

17 July 1, 1995, a member who retires on or after the member's normal

18 retirement age or whose retirement is because of disability shall

19 receive an annual allowance for life, payable monthly, in an amount

20 equal to two percent (2%) of the member's highest three-year average

21 salary upon which member contributions were made, multiplied by the

22 number of the member's years of creditable service.

23  A classified member who retired prior to July 1, 1986, shall

24 have the member's retirement allowance calculated on a minimum

    Req. No. 14743                                                 Page 11
                                                  RBH No. 14743

1 average salary of Eleven Thousand Five Hundred Dollars ($11,500.00)

2 or on the member's current minimum average salary plus Two Thousand

3 Dollars ($2,000.00), whichever is greater. Beginning July 1, 1994,

4 a classified member who retired prior to July 1, 1993, shall have

5 the member's retirement allowance calculated on the member's current

6 minimum average salary plus Five Hundred Fifty Dollars ($550.00).

7 An unclassified member who retired prior to July 1, 1986, shall have

8 the member's retirement allowance calculated on a minimum average

9 salary of Nine Thousand Five Hundred Dollars ($9,500.00) or on the

10 member's current minimum average salary plus One Thousand Dollars

11 ($1,000.00), whichever is greater. Beginning July 1, 1994, an

12 unclassified member who retired prior to July 1, 1993, shall have

13 the member's retirement allowance calculated on the member's current

14 minimum average salary plus Two Hundred Seventy-five Dollars

15 ($275.00). Those individuals receiving benefits pursuant to

16 subsection (3) of Section 17-105 of this title whose benefits

17 commenced prior to July 1, 1993, shall receive an increase in

18 benefits of two and one-half percent (2 1/2%). No retirement

19 benefit payments shall be made retroactively.

20  For those members retiring before normal retirement age, except

21 for those members retiring because of a disability, the retirement

22 allowance shall be subject to adjustment in accordance with the

23 actuarial equivalent factors adopted by the Board of Trustees.

24

    Req. No. 14743                                                 Page 12
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1   2. Beginning July 1, 1995, a member, who has no service

2 performed on or after July 1, 1995, for an entity or institution

3 within The Oklahoma State System of Higher Education, who retires on

4 or after the member's normal retirement age or whose retirement is

5 because of disability shall receive an annual allowance for life,

6 payable monthly as follows:

7   a. if the member becomes a member after June 30, 1995,

8   and was not eligible to become a member prior to July

9   1, 1995, in an amount equal to two percent (2%) of the

10  member's average salary upon which member

11  contributions were made, multiplied by the number of

12  the member's years of creditable service, or

13  b. if the member became a member or is eligible to become

14  a member prior to July 1, 1995, and elected to have a

15  maximum compensation level in excess of Twenty-five

16  Thousand Dollars ($25,000.00) pursuant to paragraph 1

17  of subsection C of this section or pursuant to

18  subsection E of this section, or if the member's

19  salary has never exceeded Twenty-five Thousand Dollars

20  ($25,000.00) prior to July 1, 1995, in an amount equal

21  to:

22  (1) two percent (2%) of the member's average salary

23                  upon which member contributions were made not to

24                  exceed Forty Thousand Dollars ($40,000.00),

    Req. No. 14743                                               Page 13
                                                       RBH No. 14743

1                   multiplied by the number of the member's years of

2                   credited service authorized and performed prior

3                   to July 1, 1995, plus any years of prior service

4                   authorized under this title, plus

5   (2) two percent (2%) of the member's average salary

6                   upon which member contributions were made,

7                   multiplied by the number of the member's years of

8                   credited service authorized and performed after

9                   June 30, 1995, or

10  c. if the member became a member or is eligible to become

11  a member prior to July 1, 1995, and was eligible to

12  elect to have a maximum compensation level in excess

13  of Twenty-five Thousand Dollars ($25,000.00) and did

14  not elect or elected not to have a maximum

15  compensation level of Forty Thousand Dollars

16  ($40,000.00) pursuant to paragraph 1 of subsection C

17  of this section or pursuant to subsection E of this

18  section, in an amount equal to:

19  (1) two percent (2%) of the member's average salary

20                  upon which member contributions were made not to

21                  exceed Twenty-five Thousand Dollars ($25,000.00),

22                  multiplied by the number of the member's years of

23                  credited service authorized and performed prior

24

    Req. No. 14743                                              Page 14
                                                           RBH No. 14743

1                       to July 1, 1995, plus any years of prior service

2                       authorized under this title, plus

3   (2) two percent (2%) of the member's average salary

4                       upon which member contributions were made,

5                       multiplied by the number of the member's years of

6                       credited service authorized and performed after

7                       June 30, 1995.

8   B. Except as otherwise provided for in this section, the amount

9 contributed by each member to the retirement system shall be:

10  1. Beginning July 1, 1992, through June 30, 1996, six percent

11 (6%) of the regular annual compensation of such member not in excess

12 of Twenty-five Thousand Dollars ($25,000.00) and beginning July 1,

13 1995, through June 30, 1996, six percent (6%) of the maximum

14 compensation level;

15  2. Beginning July 1, 1996, through June 30, 1997, six and one-

16 half percent (6 1/2%) of the regular annual compensation of members,

17 who are not employed by an entity or institution within The Oklahoma

18 State System of Higher Education not in excess of Twenty-five

19 Thousand Dollars ($25,000.00) and beginning July 1, 1996, through

20 June 30, 1997, six and one-half percent (6 1/2%) of the regular

21 annual compensation of members, who are employed by an entity or

22 institution within The Oklahoma State System of Higher Education,

23 not in excess of Twenty-five Thousand Dollars ($25,000.00);

24

    Req. No. 14743                                                  Page 15
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1   3. Beginning July 1, 1997, seven percent (7%) of the regular

2 annual compensation of the member not in excess of any applicable

3 maximum compensation level of the member; and

4   4. All public schools in this state shall treat the employee

5 contributions as being picked up under the provisions of Section 414

6 (h)(2) of the Internal Revenue Code of 1986 in determining tax

7 treatment.

8 Subject to Internal Revenue Service approval, paragraph 4 of this

9 subsection shall not apply to a comprehensive university group

10 established on or before July 1, 1998, whose employee contributions

11 were consistently treated as not picked up as of July 1, 1998, and

12 at all times thereafter.

13  C. 1. Prior to July 1, 1995, an active member of the System

14 may elect to have a maximum compensation level of Forty Thousand

15 Dollars ($40,000.00). Such an election shall be made in writing and

16 filed with the System. Members whose salaries are in excess of

17 Twenty-five Thousand Dollars ($25,000.00) on July 20, 1987, shall

18 file the election with the System prior to January 1, 1988. Members

19 whose salaries exceed Twenty-five Thousand Dollars ($25,000.00)

20 after July 20, 1987, shall file the election when the salary exceeds

21 Twenty-five Thousand Dollars ($25,000.00). If a member makes such

22 an election, the member shall contribute the following amounts:

23  a. beginning July 1, 1992, through June 30, 1993, eleven

24            percent (11%) of the regular annual compensation of

    Req. No. 14743                                                Page 16
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1   such member that is in excess of Twenty-five Thousand

2   Dollars ($25,000.00) and is not in excess of Forty

3   Thousand Dollars ($40,000.00),

4   b. beginning July 1, 1993, through June 30, 1994, nine

5   percent (9%) of the regular annual compensation of

6   such member that is in excess of Twenty-five Thousand

7   Dollars ($25,000.00) and is not in excess of Forty

8   Thousand Dollars ($40,000.00), and

9   c. beginning July 1, 1994, through June 30, 1995, eight

10  percent (8%) of the regular annual compensation of

11  such member that is in excess of Twenty-five Thousand

12  Dollars ($25,000.00) and is not in excess of Forty

13  Thousand Dollars ($40,000.00). Except as provided in

14  subsection E of this section, any such election shall

15  be irrevocable.

16  2. After June 30, 1995, in addition to the amount contributed

17 by each member to the retirement system pursuant to subsection B of

18 this section, the total amount contributed by each member to the

19 retirement system shall include, beginning July 1, 1995, through

20 June 30, 1997, seven percent (7%) of the regular annual compensation

21 of each member, who is not employed by an entity or institution

22 within The Oklahoma State System of Higher Education, that is in

23 excess of Twenty-five Thousand Dollars ($25,000.00) and beginning

24 July 1, 1996, through June 30, 1997, seven percent (7%) of the

    Req. No. 14743                                                 Page 17
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1 regular annual compensation of each member who is employed by an

2 entity or institution within The Oklahoma State System of Higher

3 Education in excess of Twenty-five Thousand Dollars ($25,000.00),

4 but not in excess of any applicable maximum compensation level of

5 the member.

6   D. 1. Any member who was a contributing member of the

7 Retirement System between July 1, 1987, and June 30, 1995, who at

8 the time the member was eligible to make an election to increase the

9 maximum compensation level of the member, failed to make an election

10 or chose not to increase the maximum compensation level of the

11 member to Forty Thousand Dollars ($40,000.00), may elect to make

12 back contributions to the Retirement System. The member shall

13 complete a new election form and file with the Board of Trustees,

14 the form and a payment equaling the difference between the amount

15 contributed at the twenty-five-thousand-dollar level and the

16 appropriate contribution on compensation in excess of Twenty-five

17 Thousand Dollars ($25,000.00) up to a maximum of Forty Thousand

18 Dollars ($40,000.00) shall be made prior to the official retirement

19 date of the member. The required payment shall include any

20 contribution required by the employing school district, and shall

21 include interest compounded annually at ten percent (10%) per annum

22 of both employer and employee contributions.

23  2. Any changes made pursuant to this subsection shall be

24 irrevocable.

    Req. No. 14743                                                 Page 18
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1   E. 1. An individual who withdrew from the Teachers' Retirement

2 System and whose salary was in excess of Seven Thousand Eight

3 Hundred Dollars ($7,800.00) and had elected to contribute only on

4 Seven Thousand Eight Hundred Dollars ($7,800.00) before his or her

5 withdrawal shall contribute on the earning ceiling as provided for

6 in this section on his or her reentry into membership in the

7 Teachers' Retirement System.

8   2. An individual who elected to contribute on a maximum of

9 Seven Thousand Eight Hundred Dollars ($7,800.00) per annum shall,

10 beginning July 1, 1979, contribute on his or her earning ceiling as

11 provided for in this section.

12  3. Any member who elected to contribute on Seven Thousand Eight

13 Hundred Dollars ($7,800.00) prior to January 1, 1978, and whose

14 salary was more than Seven Thousand Eight Hundred Dollars

15 ($7,800.00) during the school years 1974-75 through 1978-79 may

16 elect to make back contributions to the retirement system by paying

17 the five percent (5%) contributions on the difference between Seven

18 Thousand Eight Hundred Dollars ($7,800.00) and the actual salary of

19 the member, not to exceed Ten Thousand Dollars ($10,000.00) for each

20 applicable school year, plus interest compounded annually at ten

21 percent (10%) per annum. Such payment shall be made prior to the

22 official retirement date of the member.

23  F. Each employer shall cause to be deducted from the salary of

24 each member on each and every payroll of such employer for each and

    Req. No. 14743                                               Page 19
                   RBH No. 14743

1 every payroll period, the proper percentage of his or her earnable

2 compensation as provided for in subsection B or subsection C of this

3 section.

4  1. Deductions shall begin with the first payroll period of the

5 school year. In determining the amount earnable by a member in a

6 payroll period, the Board of Trustees shall consider the rate of

7 annual compensation payable to such member on the first day of the

8 payroll period as continuing throughout such payroll period, and it

9 may omit deductions from compensation for any period less than a

10 full period, and to facilitate the making of deductions, it may

11 modify the deduction required of any member by such an amount as

12 shall not exceed one-tenth of one percent (1/10 of 1%) of the annual

13 compensation upon the basis of which such deduction is to be made.

14 Prior to January 1, 1991, any active contributing member who joined

15 the System subsequent to July 1, 1943, may pay the normal cost,

16 which shall mean the single sum which would have been paid under

17 existing statutes at the time the service was performed, plus

18 interest, for years of teaching service in Oklahoma from the date of

19 establishment of the System in 1943 to date of membership, in a lump

20 sum, or in installments equal to establishing one (1) year of

21 creditable service. Effective January 1, 1991, any active

22 contributing member who joined the System subsequent to July 1,

23 1943, may pay the amount determined by the Board of Trustees

24 pursuant to Section 17-116.8 of this title for years of teaching

   Req. No. 14743                                                 Page 20
                          RBH No. 14743

1 service in Oklahoma from the date of establishment of the System in

2 1943 to date of membership, in a lump sum, or in installments equal

3 to establishing one (1) year of creditable service. For purposes of

4 this option, teaching service in Oklahoma shall include the teaching

5 of vocational agricultural courses within Oklahoma for the federal

6 government. Years for which contributions are paid shall count as

7 membership service under this plan. A member may receive credit for

8 not more than five (5) years of teaching service rendered while in

9 the Peace Corps or in the public schools of a territory of the

10 United States or the public schools, American Military Dependent

11 Schools or state colleges or state universities outside this state

12 by paying his or her contributions, plus interest, and membership

13 fees to the retirement system, subject to the regulations of the

14 Board of Trustees, providing he or she is not receiving and is not

15 eligible to receive retirement credit or benefits from said service

16 in any other public retirement system of this state, or any other

17 state or territory of the United States subject to the following

18 provisions:

19  a. the member is required to have two (2) years of

20              employed service teaching earned in Oklahoma for each

21              year of Peace Corps, territorial, out-of-state,

22              noncovered in-state or military membership credit

23              granted.

24

    Req. No. 14743                                                Page 21
                    RBH No. 14743

1   b. prior to January 1, 1991, the out-of-state or

2   noncovered in-state payment shall be the normal cost,

3   which means the single sum which would have been paid

4   under existing law at the time the service was

5   performed, plus interest, on the basis of what his or

6   her annual salary would have been in Oklahoma or out

7   of state, whichever is greater, had he or she been

8   employed as a teacher. Effective January 1, 1991, the

9   Peace Corps, territorial, out-of-state or noncovered

10  in-state payment shall be the amount determined by the

11  Board of Trustees pursuant to Section 17-116.8 of this

12  title.

13  2. In addition to the deductions hereinabove provided for, any

14 member who becomes a member of the Armed Forces of the United States

15 of America during any period of national emergency, including World

16 War II, the Korean conflict, the Vietnam conflict or others as may

17 be determined by the Board of Trustees, or whose entrance into or

18 training for the teaching profession was interrupted by his or her

19 entrance into the Armed Forces, and who was or shall have become a

20 member of the Teachers' Retirement System shall be granted the

21 privilege of making up his or her five percent (5%) contributions as

22 provided for in this section until January 1, 1991, for not to

23 exceed five (5) years of service in the Armed Forces by electing to

24 pay said contributions on the basis of the rate of pay in his or her

    Req. No. 14743                                                 Page 22
                                                      RBH No. 14743

1 contract as a teacher at the time his or her service in the Armed

2 Forces commenced or in the case of a teacher who was not teaching

3 prior to entering the Armed Forces, on the basis of the salary of

4 the first year of teaching after being honorably discharged from the

5 Armed Forces. Effective January 1, 1991, the member will receive

6 such service upon payment of the amount determined by the Board of

7 Trustees pursuant to Section 17-116.8 of this title. Such

8 contributions shall be credited in the regular manner, and the

9 period for which said contributions were paid shall be counted as

10 creditable years of service and allocated to the period during which

11 the military service was rendered, except that the period for which

12 contributions were paid must have been continuous and shall be

13 credited in the aggregate, regardless of fiscal year limitations.

14 Notwithstanding any provision herein to the contrary, contributions,

15 benefits and service credit with respect to qualified military

16 service as defined by Section 414(u) of the Internal Revenue Code of

17 1986 shall be provided in accordance with Section 414(u) of the

18 Internal Revenue Code.

19  3. Retirement benefits for all service credits purchased

20 pursuant to this subsection shall be determined in accordance with

21 the provisions of paragraph 2 of this subsection.

22  G. Effective July 1, 2004, the total creditable service of a

23 member who retires or terminates employment and elects a vested

24 benefit shall include not to exceed one hundred twenty (120) days of

    Req. No. 14743                                                 Page 23
                                                   RBH No. 14743

1 unused sick leave accumulated subsequent to August 1, 1959. Twenty

2 (20) days of unused sick leave shall equal one (1) month for

3 purposes of creditable service credit. If the member becomes a

4 member or was eligible to become a member prior to July 1, 1995, the

5 year of credit received in this section shall be treated as service

6 earned prior to July 1, 1995. This subsection shall apply to

7 members retiring or vesting on or after the effective date of this

8 act July 1, 2004, and shall not be retroactive.

9   H. Any member who:

10  1. Shall Prior to November 1, 2015, shall be absent from the

11 teaching service because of election to the State Legislature or

12 appointment to the executive branch in an education-related capacity

13 shall be allowed thirty (30) days from the date as of which the

14 person is officially elected or appointed to file an election with

15 the Teachers' Retirement System to retain his or her membership in

16 the Teachers' Retirement System upon payment of the contribution

17 required of other members and employers of said members as provided

18 for in this section and his or her service credits shall continue to

19 be accumulated during such absence, provided he or she is not

20 receiving retirement credits or benefits from said service beginning

21 after July 1, 1992, in other public retirement systems; or

22  2. Became an employee of the Oklahoma Commission for Teacher

23 Preparation on or subsequent to June 1, 2001, but prior to July 1,

24 2002, who was previously employed by a participating employer within

    Req. No. 14743                                                Page 24
                                                                                                             RBH No. 14743

 1 the Teachers' Retirement System of Oklahoma, may elect to cancel any
 2 accumulated service credit accrued within the Oklahoma Public
 3 Employees Retirement System on or after June 1, 2001, but prior to
 4 July 1, 2002, by filing an election with the Oklahoma Public
 5 Employees Retirement System for the cancellation of such service
 6 credit. The election shall be irrevocable and shall require the
 7 Oklahoma Public Employees Retirement System to transfer all
 8 accumulated employer and employee contributions made on behalf of or
 9 by the person making such election to the Teachers' Retirement
10 System for such period of time. The Teachers' Retirement System
11 shall compute the employee contributions that would have been made
12 to the System by such employee if the contributions had been
13 computed pursuant to this section. In order to receive the full
14 amount of creditable service for the period of time on or after June
15 1, 2001, but not later than June 30, 2002, the employee shall be
16 required to pay any difference between the transferred employee
17 contributions and the amount computed by the Teachers' Retirement
18 System. The employee may make payment of any required amount in the
19 manner provided by and subject to the requirements of Section 17-
20 116.8 of this title. After payment of all required employee
21 contributions, the Teachers' Retirement System shall credit the
22 period of time represented by the transferred employee contributions
23 as creditable service within the meaning of Section 17-101 of this
24 title. After the transfer of the employee contributions, the

Req. No. 14743  Page 25
                                                        RBH No. 14743

1 Oklahoma Public Employees Retirement System shall cancel any service

2 credit previously accumulated for the period of time represented by

3 such transferred employee contributions. Any person who makes the

4 election provided for by this paragraph, and who continues

5 employment with the Oklahoma Commission for Teacher Preparation on

6 or after July 1, 2002, shall continue to accrue service credit in

7 the Teachers' Retirement System of Oklahoma. The employer shall

8 make employer contributions according to the requirements of Section

9 17-108.1 of this title and shall provide for the deduction of

10 employee contributions as required by this section.

11  I. Any member who shall be absent from the teaching service

12 because of election or appointment as a local, state or national

13 education association officer, prior to January 1, 2011, shall be

14 allowed to retain his or her membership in the Teachers' Retirement

15 System upon payment of the contribution required of other members

16 and employers of said members as provided for in this section and

17 his or her service credits shall continue to be accumulated during

18 such absence. Provided, however, any one such absence shall not

19 exceed twelve (12) continuous years. No member who has less than

20 ten (10) years of contributory service on July 1, 1994, may make

21 this election after June 30, 1994. Members contributing to the

22 System on July 1, 1994, may continue to contribute under this

23 subsection until they have completed eight (8) years allowed by this

24

    Req. No. 14743                                                Page 26
                   RBH No. 14743

1 subsection. The member may file for retirement when otherwise

2 eligible for retirement as provided by Section 17-105 of this title.

3  J. A member may receive credit for those years of service

4 accumulated by the member while employed by an entity which is a

5 participating employer in the Oklahoma Firefighters Pension and

6 Retirement System, the Oklahoma Police Pension and Retirement

7 System, the Uniform Retirement System for Justices and Judges, the

8 Oklahoma Law Enforcement Retirement System, or the Oklahoma Public

9 Employees Retirement System, if the member is not receiving or

10 eligible to receive retirement credit or benefits from said service

11 in any other public retirement system. A member also may receive

12 credit for those years of service with the Department of Wildlife

13 Conservation or with an employer that is a participating employer

14 within one of the state retirement systems specifically referred to

15 in this section when at the time of such service by the member the

16 employer was not such a participating employer, if the member is not

17 receiving or eligible to receive retirement credit or benefits from

18 said service in any other public retirement system. To receive the

19 service credit provided in this subsection, the member shall pay the

20 amount determined by the Board of Trustees pursuant to Section 17-

21 116.8 of this title. For purposes of this subsection, creditable

22 service transferred from the Oklahoma Public Employees Retirement

23 System shall include service authorized under paragraph (f) of

24 subsection (2) of Section 913 of Title 74 of the Oklahoma Statutes

   Req. No. 14743                                                  Page 27
                                        RBH No. 14743

1 as amended from time to time. Members who retire prior to July 1,

2 1993, shall have their monthly benefit adjusted to include all

3 services accrued under paragraph (f) of subsection (2) of Section

4 913 of Title 74 of the Oklahoma Statutes. Provided however, any

5 adjustment of existing retirement benefits caused by reason of

6 inclusion of such service authorized under paragraph (f) of

7 subsection (2) of Section 913 of Title 74 of the Oklahoma Statutes

8 shall not affect any retirement benefit paid prior to July 1, 1993.

9   K. 1. An active member of the Teachers' Retirement System of

10 Oklahoma may receive credit for those years of service accumulated

11 by the member while a member of the Oklahoma Public Employees

12 Retirement System if:

13  a. the member is an active member of the Teachers'

14  Retirement System of Oklahoma, and

15  b. the member provides notice to the Oklahoma Public

16  Employees Retirement System and the Teachers'

17  Retirement System of Oklahoma of the member's election

18  to transfer said service credit. The notice shall

19  include a list of the years to be transferred, and

20  c. the member is not receiving or eligible to receive

21  retirement credit or benefits from said service in any

22  other public retirement system, notwithstanding the

23  years of service sought to be transferred under this

24  subsection.

    Req. No. 14743                                                Page 28
                                                     RBH No. 14743

1   Members electing to take advantage of the transfer authorized by

2 this subsection who are receiving or eligible to receive retirement

3 credit or benefits from said service in any other public retirement

4 system shall have all service credit with the Oklahoma Public

5 Employees Retirement System canceled which is not transferred to the

6 Teachers' Retirement System of Oklahoma or used as a cash offset in

7 such a transfer pursuant to subparagraph d of paragraph 2 of this

8 subsection. Service credit transferred to the Teachers' Retirement

9 System of Oklahoma under this subsection shall also be canceled with

10 the Oklahoma Public Employees Retirement System.

11  2. For purposes of this subsection, the "sending system" shall

12 mean the Oklahoma Public Employees Retirement System. The

13 "receiving system" shall mean the Teachers' Retirement System of

14 Oklahoma.

15  a. Within thirty (30) days notification of an intent to

16            transfer is received by the sending system, the

17            sending system shall, according to its own rules and

18            regulations:

19            (1) for members who have accrued at least eight (8)

20                  years of credited service with the sending

21                  system, determine the present value of the

22                  member's earned benefits attributable to the

23                  years of service sought to be transferred,

24                  discounted according to the member's age at the

    Req. No. 14743                                               Page 29
                                            RBH No. 14743

1                   time of transfer and computed as of the earliest

2                   age at which the member would be able to retire.

3                   Said computation shall assume an unreduced

4                   benefit and be computed using interest and

5                   mortality assumptions consistent with the

6                   actuarial assumptions adopted by the Board of

7                   Trustees for purposes of preparing the annual

8                   actuarial evaluation, but shall not make any

9                   projections regarding future salary. For

10                  employees who have accrued at least eight (8)

11                  years of credited service, the sending system

12                  shall use the product of this calculation for

13                  purposes of determining the transfer fee to be

14                  paid by the employee under subparagraph c of this

15                  paragraph so long as it is greater than the

16                  product of the calculation in division (2) of

17                  this subparagraph, and

18  (2) determine the sum of the employee and employer

19                  contributions applicable to the years of service

20                  sought to be transferred plus interest consistent

21                  with the actuarial assumptions adopted by the

22                  Board of Trustees for purposes of preparing the

23                  annual actuarial evaluation. For all nonvested

24                  members, and for members who have accrued at

    Req. No. 14743                                               Page 30
                    RBH No. 14743

1                   least eight (8) years of credited service, if the

2                   product of this calculation is greater than the

3                   product of the calculation in division (1) of

4                   this subparagraph, the sending system shall use

5                   the product of this calculation for purposes of

6                   determining the amount to be transferred by the

7                   sending system under subparagraph c of this

8                   paragraph and any transfer fee to be paid by the

9                   member under subparagraph d of this paragraph.

10  b. Within thirty (30) days notification of an intent to

11  transfer is received by the receiving system, the

12  receiving system shall determine, according to the

13  system's own rules and regulations, the present value

14  of the member's incremental projected benefits

15  discounted according to the member's age at the time

16  of the transfer. Incremental projected benefits shall

17  be the difference between the projected benefit said

18  member would receive without transferring the service

19  credit and the projected benefit after transfer of

20  service credit computed as of the earliest age at

21  which the member would be able to retire. Said

22  computation shall assume an unreduced benefit and be

23  computed using interest, salary projections and

24  mortality assumptions consistent with the actuarial

    Req. No. 14743                                               Page 31
                                                        RBH No. 14743

1   assumptions adopted by the Board of Trustees for

2   purposes of preparing the annual actuarial evaluation.

3   c. The sending system shall, within sixty (60) days from

4   the date notification of an intent to transfer is

5   received by the sending system, transfer to the

6   receiving system the amount determined in subparagraph

7   a of this paragraph. Except if the cost as calculated

8   under subparagraph a of this paragraph is greater than

9   the actuarial value of the incremental benefit in the

10  receiving system, as established in subparagraph b of

11  this paragraph, the sending system shall send the

12  receiving system an amount equal to the actuarial

13  value of the incremental projected benefit in the

14  receiving system.

15  d. In order to receive the credit provided for in

16  paragraph 1 of this subsection, if the cost of the

17  actuarial value of the incremental benefit to the

18  receiving system is greater than the cost as

19  calculated under subparagraph a of this paragraph for

20  the same years of service to the sending system as

21  established in subparagraphs a and b of this

22  paragraph, the employee shall elect to:

23  (1) pay any difference to receive full credit for the

24                  years sought to be transferred, or

    Req. No. 14743                                      Page 32
                                RBH No. 14743

1  (2) receive prorated service credit for only the

2                  amount received from the Oklahoma Public

3                  Employees Retirement System pursuant to this

4                  subsection.

5  Such an election shall be made in writing, filed with

6  the System prior to receiving the credit provided for

7  in paragraph 1 of this subsection, and shall be

8  irrevocable.

9  3. Within sixty (60) days of successfully completing all of the

10 requirements for transfer under this subsection, the sending system

11 shall pay the receiving system any amount due under this subsection.

12 Within sixty (60) days of successfully completing all of the

13 requirements for transfer under this subsection, the member shall

14 pay the receiving system any amount due under this subsection. In

15 the event that the member is unable to pay the transfer fee provided

16 for in this subsection by the due date, the Board of Trustees of the

17 receiving system shall permit the member to amortize the transfer

18 fee over a period not to exceed sixty (60) months. Said payments

19 shall be made by payroll deductions unless the Board of Trustees

20 permits an alternate payment source. The amortization shall include

21 interest in an amount not to exceed the actuarially assumed interest

22 rate adopted by the Board of Trustees for investment earnings each

23 year. Any member who ceases to make payment, terminates, retires or

24 dies before completing the payments provided for in this section

   Req. No. 14743                                                Page 33
                                                       RBH No. 14743

1 shall receive prorated service credit for only those payments made,

2 unless the unpaid balance is paid by said member, his or her estate

3 or successor in interest within six (6) months after said member's

4 death, termination of employment or retirement, provided no

5 retirement benefits shall be payable until the unpaid balance is

6 paid, unless said member or beneficiary affirmatively waives the

7 additional six-month period in which to pay the unpaid balance.

8   4. Years of service transferred pursuant to this subsection

9 shall be used both in determining the member's retirement benefit

10 and in determining the years of service for retirement and/or

11 vesting purposes. Years of service rendered as a member of the

12 Oklahoma Public Employees Retirement System prior to July 1, 1992,

13 if any, shall be deemed to be years of service rendered as a member

14 of the Teachers' Retirement System of Oklahoma prior to July 1,

15 1992, and shall qualify such person as a member of the Teachers'

16 Retirement System of Oklahoma before July 1, 1992.

17  5. Notwithstanding the requirements of subsection (5) of

18 Section 917 of Title 74 of the Oklahoma Statutes, members electing

19 to take advantage of the transfer authorized by this subsection who

20 have withdrawn their contributions from the sending system shall

21 remit to the sending system the amount of the accumulated

22 contributions the member has withdrawn plus simple interest of ten

23 percent (10%) per annum prior to making said election or the

24 election shall be deemed invalid and the transfer shall be canceled.

    Req. No. 14743                                                Page 34
                                      RBH No. 14743

1 If such an election is deemed invalid and the transfer is canceled,

2 the accumulated contribution remitted to the sending system by the

3 member who originally withdrew their contributions shall be returned

4 to the member. The member's rights and obligations regarding any

5 service credit reestablished in the sending system due to a failure

6 to satisfy the requirements of this subsection shall be determined

7 by the sending system in accordance with Section 901 et seq. of

8 Title 74 of the Oklahoma Statutes.

9   6. If any member fails for any reason to satisfy the

10 requirements of this subsection, the election to transfer service

11 credit shall be void and of no effect, and any service credited as a

12 result of this transfer shall be canceled. If such service is

13 canceled, the years of canceled service credit which were

14 unsuccessfully transferred to the receiving system from the sending

15 system shall be reestablished in the sending system. The member's

16 rights and obligations regarding any service credit reestablished in

17 the sending system due to a failure to satisfy the requirements of

18 this subsection shall be determined by the sending system in

19 accordance with Section 901 et seq. of Title 74 of the Oklahoma

20 Statutes.

21  7. The Board of Trustees shall promulgate such rules as are

22 necessary to implement the provisions of this subsection.

23  L. Any member whose regular annual compensation was not

24 determined as provided for by law may pay the member contribution

    Req. No. 14743                                               Page 35
                    RBH No. 14743

1 required pursuant to subsection B of this section on such amount not

2 included in the member's regular annual compensation and receive

3 credit for such amount in the calculation of the member's benefit.

4 The employees must pay the employer contributions required pursuant

5 to Section 17-108.1 of this title. Interest at the rate of ten

6 percent (10%) per annum shall be charged to both employee and

7 employer contributions. Provided that the employing district may

8 pay all or any portion of the contributions and interest the member

9 is required to pay. Any payment by the employing district for a

10 prior year obligation shall be considered a current obligation of

11 the employer.

12  M. Any active member who elected during the 1978-79 school year

13 to pay the difference between five percent (5%) on actual salary not

14 exceeding Ten Thousand Dollars ($10,000.00) and six percent (6%) on

15 actual salary not exceeding Fifteen Thousand Dollars ($15,000.00)

16 shall receive credit for one (1) year of credited service upon

17 receipt and approval of a proper request by the Board of Trustees.

18  N. Effective July 1, 1988, any member who is employed by the

19 Governor, the State Senate, the House of Representatives or the

20 Legislative Service Bureau shall be allowed to elect to retain

21 membership in the Retirement System upon payment of the accrued and

22 current member contributions and employer contributions as provided

23 in subsection B of this section and Section 17-108.1 of this title.

24 Such contributions may be paid on behalf of the member by the

    Req. No. 14743                                                 Page 36
                                                          RBH No. 14743

1 employing entity. Upon payment of such contributions, service

2 credits shall continue to be accumulated during such employment.

3 Accrued contributions shall be paid to the Retirement System by

4 August 1, 1989. Current contributions shall be paid to the

5 Retirement System by the tenth of the following month beginning with

6 the month of July 1989.

7   O. Notwithstanding any requirements of this title to restrict

8 the payment of service purchases, the Board of Trustees shall

9 promulgate such rules as necessary to allow active members of the

10 System to make installment payments for the redeposit of withdrawn

11 accounts or other payments due under the provisions of this title.

12 The rules shall permit the member to amortize the balance due over a

13 period not to exceed sixty (60) months, and shall include interest

14 consistent with the actuarial assumptions adopted by the Board of

15 Trustees for purposes of preparing the annual actuarial evaluation.

16 Further, the rules shall provide that all payments must be completed

17 prior to the effective retirement date of the member.

18  P. O. 1. A member of the Oklahoma Public Employees Retirement

19 System who becomes a member of the Teachers' Retirement System of

20 Oklahoma because the member has become employed by an entity or

21 institution within The Oklahoma State System of Higher Education,

22 State Board of Education, State Board of Career and Technology

23 Education, Oklahoma Department of Career and Technology Education,

24 Oklahoma School of Science and Mathematics, Oklahoma Center for the

    Req. No. 14743                                                 Page 37
                                              RBH No. 14743

1 Advancement of Science and Technology, State Department of

2 Rehabilitation Services, Oklahoma State Regents for Higher

3 Education, Department of Corrections, State Department of Education,

4 Oklahoma Board of Private Vocational Schools, Board of Regents of

5 Oklahoma Colleges, Oklahoma Student Loan Authority, or the Teachers'

6 Retirement System of Oklahoma, may elect to receive credit in the

7 Teachers' Retirement System of Oklahoma for those years of service

8 accumulated by the member in the Oklahoma Public Employees

9 Retirement System pursuant to this subsection. A member shall be

10 eligible to elect to receive credit for such years of service if:

11  a. the member is an active member of the Teachers'

12  Retirement System of Oklahoma,

13  b. the member provides notice to the Teachers' Retirement

14  System of Oklahoma and the Oklahoma Public Employees

15  Retirement System of the member's election to transfer

16  such retirement credit. The notice shall include a

17  list of the years to be transferred, and

18  c. the member is not receiving or eligible to receive

19  retirement credit or benefits from such service in any

20  other public retirement system, notwithstanding the

21  years of service sought to be transferred under this

22  subsection.

23 Members electing to take advantage of the transfer authorized by

24 this subsection shall have all service credit with the Oklahoma

    Req. No. 14743                                            Page 38
                                                RBH No. 14743

1 Public Employees Retirement System canceled which is transferred to

2 the Teachers' Retirement System of Oklahoma.

3   2. For purposes of this subsection, the "sending system" shall

4 mean the Oklahoma Public Employees Retirement System. The

5 "receiving system" shall mean the Teachers' Retirement System of

6 Oklahoma. Within thirty (30) days after notification of an intent

7 to transfer is received by the sending system, the sending system

8 shall, according to its own rules, send to the receiving system all

9 employer and employee contributions made on behalf of the member

10 which were made to the sending system plus an additional amount of

11 earnings based on the actuarial assumed rate of the sending system.

12 Upon receipt of these contributions by the receiving system, the

13 receiving system shall give credit to the transferring member in an

14 amount equal to the years of service accrued in the sending system.

15  3. If the transferring member's normal retirement date

16 calculation is based upon the sum of the member's age and number of

17 years of credited service totaling eighty (80) in the sending

18 system, then the member shall retain such calculation in the

19 receiving system.

20  4. The Board of Trustees shall promulgate such rules as are

21 necessary to implement the provisions of this subsection.

22  Q. P. A former member of the Teachers' Retirement System of

23 Oklahoma who withdrew his or her contributions from the System prior

24 to January 1, 1983, and who had at least ten (10) years of service

    Req. No. 14743                                                Page 39
                                   RBH No. 14743

1 in the System and purchased that service in the Oklahoma Public

2 Employees Retirement System, may elect to revoke that purchase from

3 the Oklahoma Public Employees Retirement System and to repay the

4 withdrawn contributions to the System in order to be eligible, once

5 such member reaches the normal retirement age, to receive a

6 retirement benefit that is based upon years of service and

7 compensation at the time such member terminated employment. In

8 addition, such former member may elect to transfer service credit

9 accrued in the Oklahoma Public Employees Retirement System to the

10 Teachers' Retirement System of Oklahoma pursuant to subsection K of

11 this section. The election, pursuant to this subsection, shall be

12 made prior to September 1, 2000. The election and the repayment

13 shall be made according to rules promulgated by the Board.

14  SECTION 5. This act shall become effective November 1, 2026.

15

16  60-2-14743      CMA  01/13/26

17

18

19

20

21

22

23

24

    Req. No. 14743                                             Page 40
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 Moore
Room 406

Re: RBH No. 14743
RBH No. 14743 would make a retired OTRS participant who becomes
employed by State Department of Education after 11/1/2026 a
participant in OPERS defined benefit plan or OPERS defined
contribution plan.
If a person is elected to State Superintendent of Public Education
with previous OTRS participation the person shall participate in
OTRS.
Certified athletic trainers are eligible to participate in OTRS
under this bill.

RBH No. 14743 is a non fiscal bill as defined by OPLAAA.
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.