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RBS No. 699
1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 182 By: Gollihare
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to state government; amending 74 O.S.
7 2021, Sections 902, as last amended by Section 1,
8 Chapter 280, O.S.L. 2024, 915, 916.3, and 919.1, as
8 amended by Sections 2, 3, and 4, Chapter 280, O.S.L.
9 2024, and 935.2 (74 O.S. Supp. 2024, Sections 902,
9 915, 916.3, and 919.1), which relate to the Oklahoma
10 Public Employees Retirement System; modifying
10 definition; providing certain newly employed members
11 of certain agency division certain retirement
11 benefit; providing certain members of certain agency
12 division certain retirement benefits for prior and
12 future service following certain elections; providing
13 for death benefit; increasing contribution of certain
13 members of certain agency division; updating
14 statutory language; and updating statutory
14 references.
15
15
16
16
17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
17
18 SECTION 1. AMENDATORY 74 O.S. 2021, Section 902, as last
18
19 amended by Section 1, Chapter 280, O.S.L. 2024 (74 O.S. Supp. 2024,
19
20 Section 902), is amended to read as follows:
20
21 Section 902. As used in Section 901 et seq. of this title:
21
22 (1) "System" means the Oklahoma Public Employees Retirement
22
23 System as established by Section 901 et seq. of this title and as it
23
24 may hereafter be amended;
24
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1 (2) "Accumulated contributions" means the sum of all
1
2 contributions by a member to the System which shall be credited to
2
3 the member's account;
3
4 (3) "Act" means Sections Section 901 to 932, inclusive, et seq.
4
5 of this title;
5
6 (4) "Actuarial equivalent" means a deferred income benefit of
6
7 equal value to the accumulated deposits or benefits when computed
7
8 upon the basis of the actuarial tables in use by the System;
8
9 (5) "Actuarial tables" means the actuarial tables approved and
9
10 in use by the Board at any given time;
10
11 (6) "Actuary" means the actuary or firm of actuaries employed
11
12 by the Oklahoma Public Employees Retirement System Board of Trustees
12
13 at any given time;
13
14 (7) "Beneficiary" means any person named by a member to receive
14
15 any benefits as provided for by Section 901 et seq. of this title.
15
16 If there is no beneficiary living at the time of a member employee's
16
17 death, the member's estate shall be the beneficiary;
17
18 (8) "Board" means the Oklahoma Public Employees Retirement
18
19 System Board of Trustees;
19
20 (9) "Compensation" means all salary and wages, as defined by
20
21 the Board of Trustees, including amounts deferred under deferred
21
22 compensation agreements entered into between a member and a
22
23 participating employer, but exclusive of payment for overtime,
23
24 payable to a member of the System for personal services performed
24
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1 for a participating employer but shall not include compensation or
1
2 reimbursement for traveling, or moving expenses, or any compensation
2
3 in excess of the maximum compensation level, provided:
3
4 (a) For compensation for service prior to January 1, 1988,
4
5 the maximum compensation level shall be Twenty-five
5
6 Thousand Dollars ($25,000.00) per annum.
6
7 For compensation for service on or after January 1,
7
8 1988, through June 30, 1994, the maximum compensation
8
9 level shall be Forty Thousand Dollars ($40,000.00) per
9
10 annum.
10
11 For compensation for service on or after July 1, 1994,
11
12 through June 30, 1995, the maximum compensation level
12
13 shall be Fifty Thousand Dollars ($50,000.00) per
13
14 annum; for compensation for service on or after July
14
15 1, 1995, through June 30, 1996, the maximum
15
16 compensation level shall be Sixty Thousand Dollars
16
17 ($60,000.00) per annum; for compensation for service
17
18 on or after July 1, 1996, through June 30, 1997, the
18
19 maximum compensation level shall be Seventy Thousand
19
20 Dollars ($70,000.00) per annum; and for compensation
20
21 for service on or after July 1, 1997, through June 30,
21
22 1998, the maximum compensation level shall be Eighty
22
23 Thousand Dollars ($80,000.00) per annum. For
23
24 compensation for services on or after July 1, 1998,
24
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1 there shall be no maximum compensation level for
1
2 retirement purposes.
2
3 (b) Compensation for retirement purposes shall include any
3
4 amount of elective salary reduction under Section 457
4
5 of the Internal Revenue Code of 1986, as amended, and
5
6 any amount of nonelective salary reduction under
6
7 Section 414(h) of the Internal Revenue Code of 1986,
7
8 as amended.
8
9 (c) Notwithstanding any provision to the contrary, the
9
10 compensation taken into account for any employee in
10
11 determining the contribution or benefit accruals for
11
12 any plan year is limited to the annual compensation
12
13 limit under Section 401(a)(17) of the federal Internal
13
14 Revenue Code of 1986, as amended.
14
15 (d) Current A current appointed members member of the
15
16 Oklahoma Tax Commission whose salary is
16
17 constitutionally limited and is less than the highest
17
18 salary allowed by law for his or her position shall be
18
19 allowed, within ninety (90) days from March 21, 2001,
19
20 to make an election to use the highest salary allowed
20
21 by law for the position to which the member was
21
22 appointed for the purposes of making contributions and
22
23 determination of retirement benefits. Such election
23
24 shall be irrevocable and be in writing. Reappointment
24
Req. No. 699 Page 4
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1 to the same office shall not permit a new election.
1
2 Members appointed to the Oklahoma Tax Commission after
2
3 the March 21, 2001, shall make such election, pursuant
3
4 to this subparagraph, within ninety (90) days of
4
5 taking office;
5
6 (10) "Credited service" means the sum of participating service,
6
7 prior service and elected service;
7
8 (11) "Dependent" means a parent, child, or spouse of a member
8
9 who is dependent upon the member for at least one-half (1/2) of the
9
10 member's support;
10
11 (12) "Effective date" means the date upon which the System
11
12 becomes effective by operation of law;
12
13 (13) "Eligible employer" means the state and any county, county
13
14 hospital, city or town, conservation districts, circuit engineering
14
15 districts, and any public or private trust in which a county, city,
15
16 or town participates and is the primary beneficiary, is to be an
16
17 eligible employer for the purpose of Section 901 et seq. of this
17
18 title only, whose employees are covered by Social Security and are
18
19 not covered by or eligible for another retirement plan authorized
19
20 under the laws of this state which is in operation on the initial
20
21 entry date. Emergency medical service districts may join the System
21
22 upon proper application to the Board. Provided, affiliation by a
22
23 county hospital shall be in the form of a resolution adopted by the
23
24 board of control.
24
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1 (a) If a class or several classes of employees of any
1
2 above-defined employers are covered by Social Security
2
3 and are not covered by or eligible for and will not
3
4 become eligible for another retirement plan authorized
4
5 under the laws of this state, which is in operation on
5
6 the effective date May 6, 1963, such employer shall be
6
7 deemed an eligible employer, but only with respect to
7
8 that class or those classes of employees as defined in
8
9 this section.
9
10 (b) A class or several classes of employees who are
10
11 covered by Social Security and are not covered by or
11
12 eligible for and will not become eligible for another
12
13 retirement plan authorized under the laws of this
13
14 state, which is in operation on the effective date May
14
15 6, 1963, and when the qualifications for employment in
15
16 such class or classes are set by state law; and when
16
17 such class or classes of employees are employed by a
17
18 county or municipal government pursuant to such
18
19 qualifications; and when the services provided by such
19
20 employees are of such nature that they qualify for
20
21 matching by or contributions from state or federal
21
22 funds administered by an agency of state government
22
23 which qualifies as a participating employer, then the
23
24 agency of state government administering the state or
24
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1 federal funds shall be deemed an eligible employer,
1
2 but only with respect to that class or those classes
2
3 of employees as defined in this subsection; provided,
3
4 that the required contributions to the retirement plan
4
5 may be withheld from the contributions of state or
5
6 federal funds administered by the state agency and
6
7 transmitted to the System on the same basis as the
7
8 employee and employer contributions are transmitted
8
9 for the direct employees of the state agency. The
9
10 retirement or eligibility for retirement under the
10
11 provisions of law providing pensions for service as a
11
12 volunteer firefighter shall not render any person
12
13 ineligible for participation in the benefits provided
13
14 for in Section 901 et seq. of this title. An employee
14
15 of any public or private trust in which a county,
15
16 city, or town participates and is the primary
16
17 beneficiary shall be deemed to be an eligible employee
17
18 for the purpose of Section 901 et seq. of this title
18
19 only.
19
20 (c) All employees of the George Nigh Rehabilitation
20
21 Institute who elected to retain membership in the
21
22 System, pursuant to Section 913.7 of this title, shall
22
23 continue to be eligible employees for the purposes of
23
24 Section 901 et seq. of this title. The George Nigh
24
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1 Rehabilitation Institute shall be considered a
1
2 participating employer only for such employees.
2
3 (d) All employees of CompSource Mutual Insurance Company
3
4 who retain membership in the Oklahoma Public Employees
4
5 Retirement System pursuant to Section 913.9 of this
5
6 title shall continue to be eligible employees for the
6
7 purposes of the Oklahoma Public Employees Retirement
7
8 System. CompSource Mutual Insurance Company shall be
8
9 considered a participating employer only for such
9
10 employees.
10
11 (e) All employees of a successor organization, as defined
11
12 by Section 5-60.12 of Title 2 of the Oklahoma
12
13 Statutes, who retain membership in the Oklahoma Public
13
14 Employees Retirement System pursuant to Section 5-
14
15 60.35 of Title 2 of the Oklahoma Statutes shall
15
16 continue to be eligible employees for the purposes of
16
17 the Oklahoma Public Employees Retirement System. A
17
18 successor organization shall be considered a
18
19 participating employer only for such employees.
19
20 (f) A participating employer of the Teachers' Retirement
20
21 System of Oklahoma, who has one or more employees who
21
22 have made an election pursuant to enabling legislation
22
23 to retain membership in the System as a result of
23
24 change in administration, shall be considered a
24
Req. No. 699 Page 8
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1 participating employer of the Oklahoma Public
1
2 Employees Retirement System only for such employees;
2
3 (14) "Employee" means any officer or employee of a
3
4 participating employer, whose employment is not seasonal or
4
5 temporary and whose employment requires at least one thousand
5
6 (1,000) hours of work per year and whose salary or wage is equal to
6
7 the hourly rate of the monthly minimum wage for state employees.
7
8 For those eligible employers outlined in Section 910 of this title,
8
9 the rate shall be equal to the hourly rate of the monthly minimum
9
10 wage for that employer. Each employer, whose minimum wage is less
10
11 than the state's minimum wage, shall inform the System of the
11
12 minimum wage for that employer. This notification shall be by
12
13 resolution of the governing body.
13
14 (a) Any employee of the county extension agents who is not
14
15 currently participating in the Teachers' Retirement
15
16 System of Oklahoma shall be a member of this System.
16
17 (b) Eligibility shall not include any employee who is a
17
18 contributing member of the United States Civil Service
18
19 Retirement System.
19
20 (c) It shall be mandatory for an officer, appointee, or
20
21 employee of the office of district attorney to become
21
22 a member of this System if he or she is not currently
22
23 participating in a county retirement system. Provided
23
24 further, that if an officer, appointee, or employee of
24
Req. No. 699 Page 9
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1 the office of district attorney is currently
1
2 participating in such county retirement system, he or
2
3 she is ineligible for this System as long as he or she
3
4 is eligible for such county retirement system. Any
4
5 eligible officer, appointee, or employee of the office
5
6 of district attorney shall be given credit for prior
6
7 service as defined in this section. The provisions
7
8 outlined in Section 917 of this title shall apply to
8
9 those employees who have previously withdrawn their
9
10 contributions.
10
11 (d) Eligibility shall also not include any officer or
11
12 employee of the Oklahoma Employment Security
12
13 Commission, except for those officers and employees of
13
14 the Commission electing to transfer to this System
14
15 pursuant to the provisions of Section 910.1 of this
15
16 title or any other class of officers or employees
16
17 specifically exempted by the laws of this state,
17
18 unless there be is a consolidation as provided by
18
19 Section 912 of this title. Employees of the Oklahoma
19
20 Employment Security Commission who are ineligible for
20
21 enrollment in the Oklahoma Employment Security
21
22 Commission Retirement Plan, that was in effect on
22
23 January 1, 1964, shall become members of this System.
23
24
24
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1 (e) Any employee employed by the Legislative Service
1
2 Bureau, Senate, or House of Representatives for the
2
3 full duration of a regular legislative session shall
3
4 be eligible for membership in the System regardless of
4
5 classification as a temporary employee and may
5
6 participate in the System during the regular
6
7 legislative session at the option of the employee.
7
8 For purposes of this subparagraph, the determination
8
9 of whether an employee is employed for the full
9
10 duration of a regular legislative session shall be
10
11 made by the Legislative Service Bureau if such
11
12 employee is employed by the Legislative Service
12
13 Bureau, the Senate if such employee is employed by the
13
14 Senate, or by the House of Representatives if such
14
15 employee is employed by the House of Representatives.
15
16 Each regular legislative session during which the
16
17 legislative employee or an employee of the Legislative
17
18 Service Bureau participates full time shall be counted
18
19 as six (6) months of full-time participating service.
19
20 (i) Except as otherwise provided by this
20
21 subparagraph, once a temporary session employee
21
22 makes a choice to participate or not, the choice
22
23 shall be binding for all future legislative
23
24 sessions during which the employee is employed.
24
Req. No. 699 Page 11
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1 (ii) Notwithstanding the provisions of division (i) of
1
2 this subparagraph, any employee, who is eligible
2
3 for membership in the System because of the
3
4 provisions of this subparagraph and who was
4
5 employed by the Senate or House of
5
6 Representatives after January 1, 1989, may file
6
7 an election, in a manner specified by the Board,
7
8 to participate as a member of the System prior to
8
9 September 1, 1989.
9
10 (iii) Notwithstanding the provisions of division (i) of
10
11 this subparagraph, a temporary legislative
11
12 session employee who elected to become a member
12
13 of the System may withdraw from the System
13
14 effective the day such employee elected to
14
15 participate in the System upon written request to
15
16 the Board. Any such request must be received by
16
17 the Board prior to October 1, 1990. All employee
17
18 contributions made by the temporary legislative
18
19 session employee shall be returned to the
19
20 employee without interest within four (4) months
20
21 of receipt of the written request.
21
22 (iv) A member of the System who did not initially
22
23 elect to participate as a member of the System
23
24 pursuant to this subparagraph shall be able to
24
Req. No. 699 Page 12
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1 acquire service performed as a temporary
1
2 legislative session employee for periods of
2
3 service performed prior to the date upon which
3
4 the person became a member of the System if:
4
5 a. the member files an election with the System
5
6 not later than December 31, 2000, to
6
7 purchase the prior service; and
7
8 b. the member makes payment to the System of
8
9 the actuarial cost of the service credit
9
10 pursuant to subsection A of Section 913.5 of
10
11 this title. The provisions of Section 913.5
11
12 of this title shall be applicable to the
12
13 purchase of the service credit, including
13
14 the provisions for determining service
14
15 credit in the event of incomplete payment
15
16 due to cessation of payments, death,
16
17 termination of employment, or retirement,
17
18 but the payment may extend for a period not
18
19 to exceed ninety-six (96) months;
19
20 (15) "Entry date" means the date on which an eligible employer
20
21 joins the System. The first entry date pursuant to Section 901 et
21
22 seq. of this title shall be January 1, 1964;
22
23
23
24
24
Req. No. 699 Page 13
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1 (16) "Executive Director" means the managing officer of the
1
2 System employed by the Board under Section 901 et seq. of this
2
3 title;
3
4 (17) "Federal Internal Revenue Code" means the federal Internal
4
5 Revenue Code of 1954 or 1986, as amended, and as applicable to a
5
6 governmental plan as in effect on July 1, 1999;
6
7 (18) "Final average compensation" means the average annual
7
8 compensation, including amounts deferred under deferred compensation
8
9 agreements entered into between a member and a participating
9
10 employer, up to, but not exceeding the maximum compensation levels
10
11 as provided in paragraph (9) of this section received during the
11
12 highest three (3) of the last ten (10) years of participating
12
13 service immediately preceding retirement or termination of
13
14 employment and with respect to members whose first participating
14
15 service occurs on or after July 1, 2013, the compensation received
15
16 during the highest five (5) of the last ten (10) years of
16
17 participating service immediately preceding retirement or
17
18 termination of employment. Provided, no member shall retire with a
18
19 final average compensation unless the member has made the required
19
20 contributions on such compensation, as defined by the Board of
20
21 Trustees;
21
22 (19) "Fiscal year" means the period commencing July 1 of any
22
23 year and ending June 30 of the next year. The fiscal year is the
23
24 plan year for purposes of the federal Internal Revenue Code of 1986,
24
Req. No. 699 Page 14
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1 as amended; however, the calendar year is the limitation year for
1
2 purposes of Section 415 of the federal Internal Revenue Code of
2
3 1986, as amended;
3
4 (20) "Fund" means the Oklahoma Public Employees Retirement Fund
4
5 as created by Section 901 et seq. of this title;
5
6 (21) "Leave of absence" means a period of absence from
6
7 employment without pay, authorized and approved by the employer and
7
8 acknowledged to the Board, and which after the effective date May 6,
8
9 1963, does not exceed two (2) years;
9
10 (22) "Member" means an eligible employee or elected official
10
11 who is in the System and is making the required employee or elected
11
12 official contributions, or any former employee or elected official
12
13 who shall have made the required contributions to the System and
13
14 shall have not received a refund or withdrawal;
14
15 (23) "Military service" means service in the Armed Forces of
15
16 the United States by an honorably discharged person during the
16
17 following time periods, as reflected on such person's Defense
17
18 Department Form 214, not to exceed five (5) years for combined
18
19 participating and/or prior service, as follows:
19
20 (a) during the following periods, including the beginning
20
21 and ending dates, and only for the periods served,
21
22 from:
22
23 (i) April 6, 1917, to November 11, 1918, commonly
23
24 referred to as World War I,
24
Req. No. 699 Page 15
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1 (ii) September 16, 1940, to December 7, 1941, as a
1
2 member of the 45th Division,
2
3 (iii) December 7, 1941, to December 31, 1946, commonly
3
4 referred to as World War II,
4
5 (iv) June 27, 1950, to January 31, 1955, commonly
5
6 referred to as the Korean Conflict or the Korean
6
7 War,
7
8 (v) February 28, 1961, to May 7, 1975, commonly
8
9 referred to as the Vietnam era, except that:
9
10 a. for the period from February 28, 1961, to
10
11 August 4, 1964, military service shall only
11
12 include service in the Republic of Vietnam
12
13 during that period, and
13
14 b. for purposes of determining eligibility for
14
15 education and training benefits, such period
15
16 shall end on December 31, 1976, or
16
17 (vi) August 1, 1990, to December 31, 1991, commonly
17
18 referred to as the Gulf War, the Persian Gulf
18
19 War, or Operation Desert Storm, but excluding any
19
20 person who served on active duty for training
20
21 only, unless discharged from such active duty for
21
22 a service-connected disability;
22
23 (b) during a period of war or combat military operation
23
24 other than a conflict, war, or era listed in
24
Req. No. 699 Page 16
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1 subparagraph (a) of this paragraph, beginning on the
1
2 date of Congressional authorization, Congressional
2
3 resolution, or Executive Order of the President of the
3
4 United States, for the use of the Armed Forces of the
4
5 United States in a war or combat military operation,
5
6 if such war or combat military operation lasted for a
6
7 period of ninety (90) days or more, for a person who
7
8 served, and only for the period served, in the area of
8
9 responsibility of the war or combat military
9
10 operation, but excluding a person who served on active
10
11 duty for training only, unless discharged from such
11
12 active duty for a service-connected disability, and
12
13 provided that the burden of proof of military service
13
14 during this period shall be with the member, who must
14
15 present appropriate documentation establishing such
15
16 service.
16
17 An eligible member under this paragraph shall include only those
17
18 persons who shall have served during the times or in the areas
18
19 prescribed in this paragraph, and only if such person provides
19
20 appropriate documentation in such time and manner as required by the
20
21 System to establish such military service prescribed in this
21
22 paragraph, or for service pursuant to subdivision a of division (v)
22
23 of subparagraph (a) of this paragraph those persons who were awarded
23
24 service medals, as authorized by the United States Department of
24
Req. No. 699 Page 17
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1 Defense as reflected in the veteran's Defense Department Form 214,
1
2 related to the Vietnam Conflict for service prior to August 5, 1964;
2
3 (24) "Normal retirement date" means the date on which a member
3
4 may retire with full retirement benefits as provided in Section 901
4
5 et seq. of this title, such date being whichever occurs first:
5
6 (a) the first day of the month coinciding with or
6
7 following a member's:
7
8 (1) sixty-second birthday with respect to members
8
9 whose first participating service occurs prior to
9
10 November 1, 2011, or
10
11 (2) sixty-fifth birthday with respect to members
11
12 whose first participating service occurs on or
12
13 after November 1, 2011, or with respect to
13
14 members whose first participating service occurs
14
15 on or after November 1, 2011, who reach a minimum
15
16 age of sixty (60) years and who also reach a
16
17 normal retirement date pursuant to subparagraph c
17
18 of this paragraph,
18
19 (b) for any person who initially became a member prior to
19
20 July 1, 1992, and who does not reach a normal
20
21 retirement date pursuant to division (1) of
21
22 subparagraph (a) of this paragraph, the first day of
22
23 the month coinciding with or following the date at
23
24 which the sum of a member's age and number of years of
24
Req. No. 699 Page 18
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1 credited service total eighty (80); such a normal
1
2 retirement date will also apply to any person who
2
3 became a member of the sending system as defined in
3
4 Section 901 et seq. of this title, prior to July 1,
4
5 1992, regardless of whether there were breaks in
5
6 service after July 1, 1992,
6
7 (c) for any person who became a member after June 30,
7
8 1992, but prior to November 1, 2011, and who does not
8
9 reach a normal retirement date pursuant to division
9
10 (1) of subparagraph (a) of this paragraph, the first
10
11 day of the month coinciding with or following the date
11
12 at which the sum of a member's age and number of years
12
13 of credited service total ninety (90),
13
14 (d) in addition to subparagraphs (a), (b) and (c) of this
14
15 paragraph, the first day of the month coinciding with
15
16 or following a member's completion of at least twenty
16
17 (20) years of full-time-equivalent employment as:
17
18 (i) a correctional or probation and parole officer
18
19 with the Department of Corrections and at the
19
20 time of retirement, the member was a correctional
20
21 or probation and parole officer with the
21
22 Department of Corrections,
22
23 (ii) a correctional officer, probation and parole
23
24 officer or fugitive apprehension agent with the
24
Req. No. 699 Page 19
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1 Department of Corrections who is in such position
1
2 on June 30, 2004, or who is hired after June 30,
2
3 2004, and who receives a promotion or change in
3
4 job classification after June 30, 2004, to
4
5 another position in the Department of
5
6 Corrections, so long as such officer or agent has
6
7 at least five (5) years of service as a
7
8 correctional officer, probation and parole
8
9 officer or fugitive apprehension agent with the
9
10 Department, has twenty (20) years of full-time-
10
11 equivalent employment with the Department and was
11
12 employed by the Department at the time of
12
13 retirement,
13
14 (iii) a firefighter with the Military Department of the
14
15 State of Oklahoma either employed for the first
15
16 time on or after July 1, 2002, or who was
16
17 employed prior to July 1, 2002, in such position
17
18 and who makes the election authorized by division
18
19 (2) of subparagraph b of paragraph (9) of
19
20 subsection A of Section 915 of this title and at
20
21 the time of retirement, the member was a
21
22 firefighter with the Military Department of the
22
23 State of Oklahoma, and such member has at least
23
24 twenty (20) years of credited service upon which
24
Req. No. 699 Page 20
RBS No. 699
1 the two and one-half percent (2 1/2%) multiplier
1
2 will be used in calculating the retirement
2
3 benefit,
3
4 (iv) a public safety officer employed by the Grand
4
5 River Dam Authority for the first time on or
5
6 after July 1, 2016,
6
7 (v) a deputy sheriff or jailer employed by any county
7
8 that is a participating employer in the System
8
9 for the first time as a deputy sheriff or jailer
9
10 on or after November 1, 2020, or
10
11 (vi) beginning November 1, 2024, a deputy sheriff or
11
12 jailer employed by any county that is a
12
13 participating employer in the System for the
13
14 first time as a deputy sheriff or jailer before
14
15 November 1, 2020, including those who make the
15
16 election authorized by division (2) of
16
17 subparagraph b of paragraph (10) of subsection A
17
18 of Section 915 of this title, and at the time of
18
19 retirement, if the member was a deputy sheriff or
19
20 jailer employed by the participating county, and
20
21 such member has at least twenty (20) years of
21
22 credited service upon which the two and one-half
22
23 percent (2 1/2%) multiplier will be used in
23
24 calculating the retirement benefit,
24
Req. No. 699 Page 21
RBS No. 699
1 (vii) a law enforcement agent certified by the Council
1
2 on Law Enforcement Education and Training (CLEET)
2
3 and employed by the Department of Human Services
3
4 Office of Inspector General who:
4
5 a. is employed by the Office for the first time
5
6 on or after the effective date of this act,
6
7 or
7
8 b. was employed by the Office prior to the
8
9 effective date of this act and makes an
9
10 irrevocable election pursuant to paragraph
10
11 (9) of subsection A of Section 915 of this
11
12 title, or
12
13 (viii) a Resident Care Specialist for the Office
13
14 of Juvenile Affairs who:
14
15 a. is employed by the Office for the first time
15
16 on or after the effective date of this act,
16
17 or
17
18 b. was employed by the Office prior to the
18
19 effective date of this act and makes an
19
20 irrevocable election pursuant to paragraph
20
21 (9) of subsection A of Section 915 of this
21
22 title,
22
23 (e) for those fugitive apprehension agents who retire on
23
24 or after July 1, 2002, the first day of the month
24
Req. No. 699 Page 22
RBS No. 699
1 coinciding with or following a member's completion of
1
2 at least twenty (20) years of full-time-equivalent
2
3 employment as a fugitive apprehension agent with the
3
4 Department of Corrections and at the time of
4
5 retirement, the member was a fugitive apprehension
5
6 agent with the Department of Corrections, or
6
7 (f) for any member who was continuously employed by an
7
8 entity or institution within The Oklahoma State System
8
9 of Higher Education and whose initial employment with
9
10 such entity or institution was prior to July 1, 1992,
10
11 and who without a break in service of more than thirty
11
12 (30) days became employed by an employer participating
12
13 in the Oklahoma Public Employees Retirement System,
13
14 the first day of the month coinciding with or
14
15 following the date at which the sum of the member's
15
16 age and number of years of credited service total
16
17 eighty (80);
17
18 (25) "Participating employer" means an eligible employer who
18
19 has agreed to make contributions to the System on behalf of its
19
20 employees;
20
21 (26) "Participating service" means the period of employment
21
22 after the entry date for which credit is granted a member.
22
23 Provided, on or after the effective date of this act November 1,
23
24 2023, military service credit purchased under Section 913.8 of this
24
Req. No. 699 Page 23
RBS No. 699
1 title shall only be considered "participating service" participating
1
2 service if such service is immediately preceded by a period of
2
3 employment with a participating employer and followed by a return to
3
4 service as an employee with the same or another participating
4
5 employer within ninety (90) days immediately following discharge
5
6 from such military service;
6
7 (27) "Prior service" means the period of employment of a member
7
8 by an eligible employer prior to the member's entry date for which
8
9 credit is granted a member under Section 901 et seq. of this title.
9
10 Provided, on or after the effective date of this act November 1,
10
11 2023, "prior service" prior service shall also include service
11
12 purchased under Section 913.8 of this title which does not meet the
12
13 requirements of paragraph 26 of this section;
13
14 (28) "Retirant" or "retiree" means a member who has retired
14
15 under the System;
15
16 (29) "Retirement benefit" means a monthly income with benefits
16
17 accruing from the first day of the month coinciding with or
17
18 following retirement and ending on the last day of the month in
18
19 which death occurs or the actuarial equivalent thereof paid in such
19
20 manner as specified by the member pursuant to Section 901 et seq. of
20
21 this title or as otherwise allowed to be paid at the discretion of
21
22 the Board;
22
23
23
24
24
Req. No. 699 Page 24
RBS No. 699
1 (30) "Retirement coordinator" means the individual designated
1
2 by each participating employer through whom System transactions and
2
3 communication shall be directed;
3
4 (31) "Social Security" means the old-age survivors and
4
5 disability section of the federal Social Security Act;
5
6 (32) "Total disability" means a physical or mental disability
6
7 accepted for disability benefits by the federal Social Security
7
8 System Administration;
8
9 (33) "Service-connected disability benefits" means military
9
10 service benefits which are for a service-connected disability rated
10
11 at twenty percent (20%) or more by the Veterans Administration
11
12 United States Department of Veterans Affairs or the Armed Forces of
12
13 the United States;
13
14 (34) "Elected official" means a person elected to a state
14
15 office in the legislative or executive branch of state government or
15
16 a person elected to a county office for a definite number of years
16
17 and shall include an individual who is appointed to fill the
17
18 unexpired term of an elected state official;
18
19 (35) "Elected service" means the period of service as an
19
20 elected official;
20
21 (36) "Limitation year" means the year used in applying the
21
22 limitations of Section 415 of the Internal Revenue Code of 1986, as
22
23 amended, which year shall be the calendar year; and
23
24
24
Req. No. 699 Page 25
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1 (37) "Public safety officers of the Grand River Dam Authority"
1
2 means those persons hired by the Grand River Dam Authority on or
2
3 after March 21, 2001, who are certified by the Council on Law
3
4 Enforcement Education and Training or an equivalent certifying
4
5 entity for law enforcement personnel training and who perform law
5
6 enforcement functions as part of their regularly assigned duties and
6
7 responsibilities on a full-time basis. With respect to any public
7
8 safety officer hired by the Grand River Dam Authority on or after
8
9 March 21, 2001, any earned benefits or credits toward retirement
9
10 benefits from previous participation within the Oklahoma Public
10
11 Employees Retirement System or the Oklahoma Law Enforcement
11
12 Retirement System shall remain within that system.
12
13 SECTION 2. AMENDATORY 74 O.S. 2021, Section 915, as
13
14 amended by Section 2, Chapter 280, O.S.L. 2024 (74 O.S. Supp. 2024,
14
15 Section 915), is amended to read as follows:
15
16 Section 915. A. (1) Except as otherwise provided in this
16
17 subsection and as provided for elected officials in Section 913.4 of
17
18 this title, any member who shall retire on or after the member's
18
19 normal retirement date shall be entitled to receive an annual
19
20 retirement benefit equal to two percent (2%) of the member's final
20
21 average compensation as determined pursuant to paragraph (18) of
21
22 Section 902 of this title, multiplied by the number of years of
22
23 credited service that has been credited to the member in accordance
23
24
24
Req. No. 699 Page 26
RBS No. 699
1 with the provisions of Section 913 of this title other than years
1
2 credited pursuant to paragraph (2) of this subsection.
2
3 (2) Effective January 1, 2004, except as otherwise provided for
3
4 elected officials in Section 913.4 of this title and except for
4
5 those members making contributions pursuant to paragraphs (b), (c),
5
6 (d), (e) and, (f), and (g) of subsection (1) of Section 919.1 of
6
7 this title, any member who shall retire shall be entitled to receive
7
8 an annual retirement benefit equal to two and one-half percent (2
8
9 1/2%) of the member's final average compensation as determined
9
10 pursuant to paragraph (18) of Section 902 of this title, multiplied
10
11 by the number of full years of participating service after January
11
12 1, 2004, that have been credited to the member in accordance with
12
13 the provisions of Section 913 of this title and only for those full
13
14 years of participating service for which contributions have been
14
15 made pursuant to paragraph (g) (h) of subsection (1) of Section
15
16 919.1 of this title. The two and one-half percent (2 1/2%)
16
17 multiplier shall not apply to purchased service, purchased or
17
18 granted military service, or transferred service. In order to
18
19 receive the two and one-half percent (2 1/2%) multiplier in
19
20 computing retirement benefits, an active member shall make an
20
21 irrevocable written election to pay the contributions pursuant to
21
22 paragraph (g) (h) of subsection (1) of Section 919.1 of this title.
22
23 The two and one-half percent (2 1/2%) multiplier pursuant to this
23
24 paragraph shall not apply to additional years of service credit
24
Req. No. 699 Page 27
RBS No. 699
1 attributed to sick leave pursuant to paragraph 7 of subsection B of
1
2 Section 913 of this title and fractional years pursuant to
2
3 subsection C of Section 913 of this title and shall be attributable
3
4 only to the participating service credited after the election of the
4
5 member.
5
6 (3) The minimum final average compensation for any person who
6
7 becomes a member of the Oklahoma Public Employees Retirement System
7
8 on or after July 1, 1995 and who had:
8
9 a. and who had twenty (20) or more years of credited
9
10 service within the System as of the member's
10
11 retirement date shall be no less than Thirteen
11
12 Thousand Eight Hundred Dollars ($13,800.00) per annum,
12
13 b. and who had at least fifteen (15) but not more than
13
14 nineteen (19) years of credited service within the
14
15 System as of the member's retirement date shall be no
15
16 less than Six Thousand Nine Hundred Dollars
16
17 ($6,900.00) per annum, or
17
18 c. and who had less than fifteen (15) years of credited
18
19 service within the System as of the member's
19
20 retirement date shall not be eligible for any minimum
20
21 amount of final average compensation and the member's
21
22 final average compensation shall be the final average
22
23 compensation as defined by paragraph (18) of Section
23
24 902 of this title.
24
Req. No. 699 Page 28
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1 (4) Provided, further, any member who has elected a vested
1
2 benefit pursuant to Section 917 of this title shall be entitled to
2
3 receive benefits as outlined in this section except the percent
3
4 factor and the member's maximum compensation level in effect the
4
5 date the member's employment was terminated with a participating
5
6 employer shall be applicable.
6
7 (5) Any member who is a correctional officer or a probation and
7
8 parole officer employed by the Department of Corrections at the time
8
9 of retirement and who retires on or before June 30, 2000, shall be
9
10 entitled to receive an annual retirement benefit equal to two and
10
11 one-half percent (2 1/2%) of the final average compensation of the
11
12 member not to exceed Twenty-five Thousand Dollars ($25,000.00) and
12
13 two percent (2%) of the final average salary in excess of Twenty-
13
14 five Thousand Dollars ($25,000.00) but not exceeding the maximum
14
15 compensation level as provided in paragraph (9) of Section 902 of
15
16 this title, multiplied by the number of years of service as a
16
17 correctional officer or a probation and parole officer; provided,
17
18 any years accrued prior to July 1, 1990, as a correctional officer
18
19 or a probation and parole officer by a member who is employed as a
19
20 correctional officer or a probation and parole officer on July 1,
20
21 1990, shall be calculated for retirement purposes at two and one-
21
22 quarter percent (2 1/4%) of the final average compensation of the
22
23 member not to exceed Twenty-five Thousand Dollars ($25,000.00) and
23
24 two percent (2%) of the final average salary in excess of Twenty-
24
Req. No. 699 Page 29
RBS No. 699
1 five Thousand Dollars ($25,000.00) but not exceeding the maximum
1
2 compensation level as provided in paragraph (9) of Section 902 of
2
3 this title, multiplied by the number of years of such service and
3
4 any years in excess of twenty (20) years as such an officer or years
4
5 credited to the member in accordance with the provisions of Section
5
6 913 of this title shall be calculated for retirement purposes at two
6
7 percent (2%) of the final average compensation of the member
7
8 multiplied by the number of years of such service. Any person who
8
9 contributes to the System as a correctional officer or a probation
9
10 and parole officer as provided in paragraph (b) or (c) of subsection
10
11 (1) of Section 919.1 of this title, on or before June 30, 2000, but
11
12 who does not make such contributions after June 30, 2000, and who
12
13 does not qualify for normal retirement under subparagraph (c) of
13
14 paragraph (24) of Section 902 of this title shall have retirement
14
15 benefits for each year of full-time-equivalent participating service
15
16 as a correctional or a probation and parole officer after July 1,
16
17 1990, computed on two and one-half percent (2 1/2%) of the final
17
18 average compensation based upon those years as a correctional
18
19 officer or a probation and parole officer. Provided, further, any
19
20 fugitive apprehension agent shall be entitled to receive benefits as
20
21 outlined in this act Section 901 et seq. of this title for service
21
22 as a fugitive apprehension agent prior to July 1, 2002, only upon
22
23 payment to the System of the employee contributions which would have
23
24 been paid if such fugitive apprehension agent had been covered by
24
Req. No. 699 Page 30
RBS No. 699
1 this section prior to the effective date of this act July 1, 2002,
1
2 plus interest of not to exceed ten percent (10%) as determined by
2
3 the Oklahoma Public Employees Retirement System Board of Trustees.
3
4 The Department of Corrections may make the employee contribution and
4
5 interest payment on behalf of such member.
5
6 (6) Any member who is a correctional officer, a probation and
6
7 parole officer or a fugitive apprehension agent employed by the
7
8 Department of Corrections at the time of retirement and who retires
8
9 on or after July 1, 2002, shall be entitled to receive an annual
9
10 retirement benefit equal to two and one-half percent (2 1/2%) of the
10
11 final average compensation of the member, but not exceeding the
11
12 maximum compensation level as provided in paragraph (18) of Section
12
13 902 of this title, multiplied by the number of years of service as a
13
14 correctional officer, a probation and parole officer, or a fugitive
14
15 apprehension agent, and any years in excess of twenty (20) years as
15
16 such an officer or agent, or years credited to the member in
16
17 accordance with the provisions of Section 913 of this title, shall
17
18 be calculated for retirement purposes at two percent (2%) of the
18
19 final average compensation of the member multiplied by the number of
19
20 years of such service. For purposes of this paragraph, "final
20
21 average compensation" shall be determined by computing the average
21
22 annual salary, in the manner prescribed by paragraph (18) of Section
22
23 902 of this title, for the highest three (3) years of the last ten
23
24 (10) years of participating service immediately preceding retirement
24
Req. No. 699 Page 31
RBS No. 699
1 or termination of employment for all years of service performed by
1
2 such member, both for years of service performed as a correctional
2
3 officer, probation and parole officer, or fugitive apprehension
3
4 agent, not in excess of twenty (20) years, and for years of service
4
5 performed in excess of twenty (20) years, whether as a correctional
5
6 officer, probation and parole officer, fugitive apprehension agent,
6
7 or other position unless the computation of benefits would result in
7
8 a lower retirement benefit amount than if final average compensation
8
9 were to be computed as otherwise provided by this paragraph. "Final
9
10 average compensation" Final average compensation shall be determined
10
11 by computing the average annual salary for the highest five (5) of
11
12 the last ten (10) years of participating service immediately
12
13 preceding retirement or termination of employment, with respect to
13
14 members whose first participating service occurs on or after July 1,
14
15 2013.
15
16 (7) Any member who is a correctional officer, a probation and
16
17 parole officer, or a fugitive apprehension agent who has at least
17
18 five (5) years of service as a correctional officer, a probation and
18
19 parole officer, or a fugitive apprehension agent who is in such
19
20 position on June 30, 2004, or who is hired after June 30, 2004, in
20
21 such position, and who receives a promotion or change in job
21
22 classification after June 30, 2004, to another position in the
22
23 Department of Corrections, and who is employed by the Department of
23
24 Corrections at the time of retirement and who retires on or after
24
Req. No. 699 Page 32
RBS No. 699
1 July 1, 2004, shall be entitled to receive an annual retirement
1
2 benefit equal to two and one-half percent (2 1/2%) of the final
2
3 average compensation of the member, but not exceeding the maximum
3
4 compensation level as provided in paragraph (18) of Section 902 of
4
5 this title, multiplied by the number of years of service with the
5
6 Department of Corrections and any years in excess of twenty (20)
6
7 years with the Department or years credited to the member in
7
8 accordance with the provisions of Section 913 of this title, shall
8
9 be calculated for retirement purposes at two percent (2%) of the
9
10 final average compensation of the member multiplied by the number of
10
11 years of such service. For purposes of this paragraph, "final
11
12 average compensation" shall be determined by computing the average
12
13 annual salary, in the manner prescribed by paragraph (18) of Section
13
14 902 of this title, for the highest three (3) years of the last ten
14
15 (10) years of participating service immediately preceding retirement
15
16 or termination of employment for all years of service performed by
16
17 such member with the Department. "Final average compensation" Final
17
18 average compensation shall be determined by computing the average
18
19 annual salary for the highest five (5) of the last ten (10) years of
19
20 participating service immediately preceding retirement or
20
21 termination of employment, with respect to members whose first
21
22 participating service occurs on or after July 1, 2013.
22
23 (8) Any person who contributed to the System as a correctional
23
24 officer, a probation and parole officer, or a fugitive apprehension
24
Req. No. 699 Page 33
RBS No. 699
1 agent as provided in paragraph (b) or (c) of subsection (1) of
1
2 Section 919.1 of this title, and who retires under normal retirement
2
3 or early retirement on or after January 1, 2004, under paragraph
3
4 (24) of Section 902 of this title, and any public safety officer
4
5 described by paragraph (37) of Section 902 of this title hired on or
5
6 after the effective date of this act July 1, 2016, by the Grand
6
7 River Dam Authority and who retires on or after the effective date
7
8 of this act July 1, 2016, shall have retirement benefits for each
8
9 year of full-time-equivalent participating service as a correctional
9
10 officer, a probation and parole officer or a fugitive apprehension
10
11 agent, or Grand River Dam public safety officer computed on two and
11
12 one-half percent (2 1/2%) of the final average compensation based
12
13 upon those years as a correctional officer, a probation and parole
13
14 officer, a fugitive apprehension agent, or a Grand River Dam public
14
15 safety officer. For purposes of this paragraph, "final average
15
16 compensation" shall be determined by computing the average annual
16
17 salary, in the manner prescribed by paragraph (18) of Section 902 of
17
18 this title, for the highest three (3) years of the last ten (10)
18
19 years of participating service immediately preceding retirement or
19
20 termination of employment for all years of service performed by such
20
21 member, both for years of service performed as a correctional
21
22 officer, probation and parole officer, or fugitive apprehension
22
23 agent, or years of service performed as a Grand River Dam public
23
24 safety officer, not in excess of twenty (20) years, and for years of
24
Req. No. 699 Page 34
RBS No. 699
1 service performed in excess of twenty (20) years, whether as a
1
2 correctional officer, probation and parole officer, fugitive
2
3 apprehension agent, Grand River Dam public safety officer, or other
3
4 position unless the computation of benefits would result in a lower
4
5 retirement benefit amount than if final average compensation were to
5
6 be computed as otherwise provided by this paragraph. "Final average
6
7 compensation" Final average compensation shall be determined by
7
8 computing the average annual salary for the highest five (5) of the
8
9 last ten (10) years of participating service immediately preceding
9
10 retirement or termination of employment, with respect to members
10
11 whose first participating service occurs on or after July 1, 2013,
11
12 or with respect to Grand River Dam public safety officers whose
12
13 first participating service occurs on or after the effective date of
13
14 this act July 1, 2016.
14
15 (9) Any member who is:
15
16 a. initially on or after July 1, 2002, employed as a
16
17 firefighter for the Oklahoma Military Department of
17
18 the State of Oklahoma and who retires on or after the
18
19 member's normal retirement date shall be entitled to
19
20 receive an annual retirement benefit equal to two and
20
21 one-half percent (2 1/2%) of the final average
21
22 compensation of the member multiplied by the number of
22
23 years of service in such service,
23
24
24
Req. No. 699 Page 35
RBS No. 699
1 b. (1) a firefighter who performs firefighting services
1
2 for the Oklahoma Military Department of the State
2
3 of Oklahoma prior to July 1, 2002, and who makes
3
4 an election in writing on a form prescribed for
4
5 this purpose by the System not later than
5
6 December 31, 2002, shall be entitled to receive a
6
7 retirement benefit based upon two and one-half
7
8 percent (2 1/2%) of the final average
8
9 compensation of the member multiplied by the
9
10 number of years of service as a firefighter with
10
11 the Oklahoma Military Department of the State of
11
12 Oklahoma on or after July 1, 2002. The election
12
13 authorized by this subdivision division shall be
13
14 irrevocable once the election is filed with the
14
15 System,
15
16 (2) a firefighter who performs firefighting services
16
17 for the Oklahoma Military Department of the State
17
18 of Oklahoma prior to July 1, 2002, and who makes
18
19 the election in division (1) of this subparagraph
19
20 may also make an election in writing on a form
20
21 prescribed for this purpose by the System not
21
22 later than December 31, 2002, to receive a
22
23 retirement benefit based upon two and one-half
23
24 percent (2 1/2%) of the final average
24
Req. No. 699 Page 36
RBS No. 699
1 compensation of the member multiplied by the
1
2 number of years of service as a firefighter with
2
3 the Oklahoma Military Department of the State of
3
4 Oklahoma prior to July 1, 2002. The election
4
5 authorized by this subdivision division shall be
5
6 irrevocable once the election is filed with the
6
7 System. Retirement benefits shall be calculated
7
8 based upon the two and one-half percent (2 1/2%)
8
9 multiplier upon payment being made pursuant to
9
10 Section 913.5 of this title,
10
11 c. a CLEET-certified law enforcement agent who performs
11
12 law enforcement services for the Department of Human
12
13 Services Office of Inspector General initially hired
13
14 on or after the effective date of this act, and who
14
15 retires on or after the member's normal retirement
15
16 date, shall be entitled to receive an annual
16
17 retirement benefit equal to two and one-half percent
17
18 (2 1/2%) of the final average compensation of the
18
19 member multiplied by the number of years of service
19
20 for which the member was employed pursuant to this
20
21 subparagraph,
21
22 d. (1) a CLEET-certified law enforcement agent who
22
23 performs law enforcement services for the
23
24 Department of Human Services Office of Inspector
24
Req. No. 699 Page 37
RBS No. 699
1 General prior to the effective date of this act,
1
2 and who makes an irrevocable election in writing
2
3 in the form and manner prescribed by the System
3
4 not later than the end of the calendar year
4
5 following the effective date of this act, shall
5
6 be entitled to receive a retirement benefit based
6
7 upon two and one-half percent (2 1/2%) of the
7
8 final average compensation of the member
8
9 multiplied by the number of years of service of
9
10 employment under this division completed on and
10
11 after the effective date of this act,
11
12 (2) a CLEET-certified law enforcement agent who
12
13 performs law enforcement services for the
13
14 Department of Human Services Office of Inspector
14
15 General prior to the effective date of this act,
15
16 and who makes an irrevocable election under
16
17 division 1 of this subparagraph, may also make an
17
18 irrevocable election, subject to the same
18
19 provisions and conditions of the election made in
19
20 division 1 of this subparagraph, for years of
20
21 service of employment under this division prior
21
22 to the effective date of this act, and
22
23 (3) benefit calculations for a CLEET-certified law
23
24 enforcement agent who performs law enforcement
24
Req. No. 699 Page 38
RBS No. 699
1 services for the Department of Human Services
1
2 Office of Inspector General under Section 913.5
2
3 of this title shall be calculated in the same
3
4 manner as calculated under division (1) of this
4
5 subparagraph,
5
6 e. a Resident Care Specialist for the Office of Juvenile
6
7 Affairs initially hired on or after the effective date
7
8 of this act, and who retires on or after the member's
8
9 normal retirement date, shall be entitled to receive
9
10 an annual retirement benefit equal to two and one-half
10
11 percent (2 1/2%) of the final average compensation of
11
12 the member multiplied by the number of years of
12
13 service for which the member was employed pursuant to
13
14 this subparagraph, and
14
15 f. (1) a Resident Care Specialist for the Office of
15
16 Juvenile Affairs who is hired prior to the
16
17 effective date of this act, and who makes an
17
18 irrevocable election in writing in the form and
18
19 manner prescribed by the System not later than
19
20 the end of the calendar year following the
20
21 effective date of this act, shall be entitled to
21
22 receive a retirement benefit based upon two and
22
23 one-half percent (2 1/2%) of the final average
23
24 compensation of the member multiplied by the
24
Req. No. 699 Page 39
RBS No. 699
1 number of years of service of employment under
1
2 this division completed on and after the
2
3 effective date of this act,
3
4 (2) a Resident Care Specialist for the Office of
4
5 Juvenile Affairs who is hired prior to the
5
6 effective date of this act, and who makes an
6
7 irrevocable election under division (1) of this
7
8 subparagraph, may also make an irrevocable
8
9 election, subject to the same provisions and
9
10 conditions of the election made in division (1)
10
11 of this subparagraph, for years of service of
11
12 employment under this division prior to the
12
13 effective date of this act, and
13
14 (3) benefit calculations for a Resident Care
14
15 Specialist shall be calculated in the same manner
15
16 as calculated under division (1) of this
16
17 subparagraph.
17
18 (10) Any person who contributes to the System as a deputy
18
19 sheriff or county jailer as provided in paragraph (f) of subsection
19
20 (1) of Section 919.1 of this title, and who was:
20
21 a. employed by a participating employer in the System
21
22 for the first time as a deputy sheriff or county
22
23 jailer on or after November 1, 2020, and who retires
23
24 under normal retirement or early retirement under
24
Req. No. 699 Page 40
RBS No. 699
1 division (v) of subparagraph (d) of paragraph (24) of
1
2 Section 902 of this title, shall have retirement
2
3 benefits for each year of full-time-equivalent
3
4 participating service as a deputy sheriff or county
4
5 jailer computed on two and one-half percent (2 1/2%)
5
6 of the final average compensation based upon those
6
7 years as a deputy sheriff or county jailer, and any
7
8 years in excess of twenty (20) years as a deputy
8
9 sheriff or county jailer, or years credited to the
9
10 member in accordance with the provisions of Section
10
11 913 of this title, shall be calculated for retirement
11
12 purposes at two percent (2%) of the final average
12
13 compensation of the member multiplied by the number
13
14 of years of such service, or
14
15 b. (1) employed by a participating employer in the
15
16 System for the first time as a deputy sheriff or
16
17 county jailer before November 1, 2020, and who
17
18 retires under the normal retirement or early
18
19 retirement under division (vi) of subparagraph
19
20 (d) of paragraph (24) of Section 902 of this
20
21 title, shall be entitled to receive a retirement
21
22 benefit based on two and one-half percent (2
22
23 1/2%) of the final average compensation of the
23
24 member multiplied based on the number of years of
24
Req. No. 699 Page 41
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1 service as a deputy sheriff or county jailer with
1
2 any county participating in the System on or
2
3 after November 1, 2024,
3
4 (2) employed by a participating employer in the
4
5 System for the first time as a deputy sheriff or
5
6 county jailer before November 1, 2020, and who
6
7 retires under the normal retirement or early
7
8 retirement under division (vi) of subparagraph
8
9 (d) of paragraph (24) of Section 902 of this
9
10 title, and who makes an election in writing not
10
11 later than July 1, 2026, on a form prescribed for
11
12 this purpose by the System, shall be entitled to
12
13 a retirement benefit based upon two and one-half
13
14 percent (2 1/2%) of the final average
14
15 compensation of the member multiplied by the
15
16 number of years of service prior to November 1,
16
17 2024, as a deputy sheriff or county jailer
17
18 employed by any county that is a participating
18
19 employer in the System. The election authorized
19
20 by this subparagraph division shall be
20
21 irrevocable once the election is filed with the
21
22 System. Retirement benefits shall be calculated
22
23 based upon the two and one-half percent (2 1/2%)
23
24 multiplier upon payment being made pursuant to
24
Req. No. 699 Page 42
1 RBS No. 699
1 Section 913.5 of this title. Any person
2 otherwise qualifying under this subparagraph
2 division, but who is not employed as a deputy
3 sheriff or county jailer on November 1, 2024, and
3 who is reemployed as a deputy sheriff or county
4 jailer with a county that is a participating
4 employer in the System after November 1, 2024,
5 shall have six (6) months from the initial date
5 of reemployment to make the election authorized
6 in this subparagraph division. The actuarial
6 purchase of any service credit accrued prior to
7 November 1, 2024, as a deputy sheriff or county
7 jailer employed by a county that is a
8 participating employer in the System as set forth
8 in this subparagraph division shall cancel such
9 corresponding service and shall not be used to
9 compute the retirement benefit under any other
10 provision except as provided in this subparagraph
10 division. In no event shall the service
11 purchased under this subparagraph division cause
11 the member to receive a retirement benefit for
12 the same service in any other plan. Any
12 purchased service under this subparagraph
13 division shall comply with the applicable
13
14 Page 43
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 699
RBS No. 699
1 provisions of the Internal Revenue Code of 1986,
1
2 as amended, and rules adopted by the Board of
2
3 Trustees.
3
4 c. For purposes of paragraph (10) this paragraph, "final
4
5 average compensation" shall be determined by computing
5
6 the average annual salary, in the manner prescribed by
6
7 paragraph (18) of Section 902 of this title, both for
7
8 years of service performed as a deputy sheriff or
8
9 county jailer not in excess of twenty (20) years, and
9
10 for years of service performed in excess of twenty
10
11 (20) years, whether as a deputy sheriff or county
11
12 jailer.
12
13 (11) Upon death of a retiree, there shall be paid to his or her
13
14 beneficiary an amount equal to the excess, if any, of his or her
14
15 accumulated contributions over the sum of all retirement benefit
15
16 payments made.
16
17 (12) Such annual retirement benefits shall be paid in equal
17
18 monthly installments, except that the Board may provide for the
18
19 payment of retirement benefits which total less than Two Hundred
19
20 Forty Dollars ($240.00) a year on other than a monthly basis.
20
21 (13) Pursuant to the rules established by the Board, a retiree
21
22 receiving monthly benefits from the System may authorize warrant
22
23 deductions for any products currently offered to active state
23
24 employees through the Employees Benefits Council Oklahoma Employees
24
Req. No. 699 Page 44
RBS No. 699
1 Insurance and Benefits Board, provided that product is offered to
1
2 state retirees as a group and has a minimum participation of five
2
3 hundred state retirees. The System has no responsibility for the
3
4 marketing, enrolling or administration of such products, but shall
4
5 retain a processing fee of two percent (2%) of the gross deductions
5
6 for the products. Retirement benefit deductions shall be made for
6
7 membership dues for any statewide association for which payroll
7
8 deductions are authorized pursuant to subsection B of Section 34.70
8
9 of Title 62 of the Oklahoma Statutes for retired members of any
9
10 state-supported retirement system, upon proper authorization given
10
11 by the member to the board from which the member or beneficiary is
11
12 currently receiving retirement benefits.
12
13 B. A member shall be considered disabled if such member
13
14 qualifies for the payment of Social Security disability benefits, or
14
15 the payment of benefits pursuant to the Railroad Retirement Act of
15
16 1974, Section 231 et seq. of Title 45 of the United States Code, and
16
17 shall be eligible for benefits hereunder upon proof of such
17
18 disability, provided such member is an active regularly scheduled
18
19 employee with a participating employer at the time of injury or
19
20 inception of illness or disease resulting in subsequent
20
21 certification of eligibility for Social Security disability benefits
21
22 by reason of such injury, illness or disease, providing provided
22
23 such disability is certified by the Social Security Administration
23
24 within one (1) year after the last date physically on the job and
24
Req. No. 699 Page 45
RBS No. 699
1 after completion of at least eight (8) years of participating
1
2 service or combined prior and participating service or resulting in
2
3 subsequent certification of eligibility of disability by the
3
4 Railroad Retirement Board providing provided such certification is
4
5 made by the Railroad Retirement Board within one (1) year after the
5
6 last date physically on the job and after completion of at least
6
7 eight (8) years of participating service or combined prior and
7
8 participating service. The member shall submit to the Oklahoma
8
9 Public Employees Retirement System the Social Security Award Notice
9
10 or the Railroad Retirement Award Notice certifying the date of
10
11 entitlement for disability benefits, as issued by the Social
11
12 Security Administration, United States Department of Health and
12
13 Human Services or the Railroad Retirement Board. Disability
13
14 benefits shall become effective on the date of entitlement as
14
15 established by the Social Security Administration or the Railroad
15
16 Retirement Board, but not before the first day of the month
16
17 following removal from the payroll, whichever is later, and final
17
18 approval by the Oklahoma Public Employees Retirement System.
18
19 Benefits shall be based upon length of service and compensation as
19
20 of the date of disability, without actuarial reduction because of
20
21 commencement prior to the normal retirement date. The only optional
21
22 form of benefit payment available for disability benefits is Option
22
23 A as provided for in Section 918 of this title. Option A must be
23
24 elected in accordance with the provisions of Section 918 of this
24
Req. No. 699 Page 46
RBS No. 699
1 title. Benefit payments shall cease upon the member's recovery from
1
2 disability prior to the normal retirement date. Future benefits, if
2
3 any, shall be paid based upon length of service and compensation as
3
4 of the date of disability. In the event that disability ceases and
4
5 the member returns to employment within the System, credited service
5
6 to the date of disability shall be restored, and future benefits
6
7 shall be determined accordingly.
7
8 C. A member who incurred a disability pursuant to subsection B
8
9 of this section on or after July 1, 1999, and who has retired from
9
10 the System with an early retirement benefit pending certification
10
11 from the Social Security Administration or the Railroad Retirement
11
12 Board shall receive a retirement benefit not less than the
12
13 disability retirement benefit provided by subsection B of this
13
14 section once the System receives a Social Security Award Notice or a
14
15 Railroad Retirement Award Notice pursuant to subsection B of this
15
16 section and a completed Application application for Disability
16
17 Benefits disability benefits. In addition, such member shall
17
18 receive the difference, if any, between the early retirement benefit
18
19 and the disability benefit from the date the Social Security
19
20 Administration or the Railroad Retirement Board establishes
20
21 disability entitlement.
21
22 D. Any actively participating member of the System on or after
22
23 July 1, 1998, except for those employees provided in subparagraph
23
24 (e) of paragraph (14) of Section 902 of this title, whose employment
24
Req. No. 699 Page 47
RBS No. 699
1 is less than full-time, shall have his or her final average
1
2 compensation calculated on an annualized basis using his or her
2
3 hourly wage subject to the maximum compensation limits; provided,
3
4 however, any such member whose first participating service occurred
4
5 before July 1, 2013, and who has at least three (3) years of full-
5
6 time employment during the last ten (10) years immediately preceding
6
7 termination or retirement shall not be eligible for the
7
8 annualization provisions contained herein; and provided further, any
8
9 such member whose first participating service occurred on or after
9
10 July 1, 2013, and who has at least five (5) years of full-time
10
11 employment during the last ten (10) years immediately preceding
11
12 termination or retirement shall not be eligible for the
12
13 annualization provisions contained herein. The Board of Trustees
13
14 shall promulgate such administrative rules as are necessary to
14
15 implement the provisions of this subsection.
15
16 SECTION 3. AMENDATORY 74 O.S. 2021, Section 916.3, as
16
17 amended by Section 3, Chapter 280, O.S.L. 2024 (74 O.S. Supp. 2024,
17
18 Section 916.3), is amended to read as follows:
18
19 Section 916.3. A. Notwithstanding the provisions of Sections
19
20 Section 901 through 932 of this title et seq. of this title, a
20
21 monthly pension, as provided in subsection B of this section, shall
21
22 be paid on behalf of any member who is a:
22
23 1. Correctional officer or probation and parole officer of the
23
24 Department of Corrections and who is killed or mortally wounded on
24
Req. No. 699 Page 48
RBS No. 699
1 or after January 1, 2000, during the performance of the member's
1
2 duties for the Department or any employee of the Department of
2
3 Corrections who is killed or mortally wounded after June 30, 2004,
3
4 during the performance of the member's duties for the Department;
4
5 2. Deputy sheriff or county jailer first hired on or after
5
6 November 1, 2020, by any county that is a participating member in
6
7 the Oklahoma Public Employees Retirement System, and who is killed
7
8 or mortally wounded during the performance of the member's duties as
8
9 a deputy sheriff or jailer; and
9
10 3. Deputy sheriff or county jailer first hired before November
10
11 1, 2020, by any county that is a participating employer in the
11
12 System, and who is killed or mortally wounded during the performance
12
13 of the member's duties for the participating county on or after
13
14 November 1, 2024;
14
15 4. Law enforcement agent certified by the Council on Law
15
16 Enforcement Education and Training (CLEET) and employed by the
16
17 Department of Human Services Office of Inspector General, and who is
17
18 killed or mortally wounded on or after the effective date of this
18
19 act, during the performance of his or her duties for the Department;
19
20 and
20
21 5. Resident Care Specialist employed by the Office of Juvenile
21
22 Affairs who is killed or mortally wounded on or after the effective
22
23 date of this act, during the performance of his or her duties for
23
24 the Office.
24
Req. No. 699 Page 49
RBS No. 699
1 B. The monthly benefit shall be equal to:
1
2 1. Two and one-half percent (2 1/2%);
2
3 2. Multiplied by twenty (20) years of service, regardless of
3
4 the actual number of years of credited service performed by the
4
5 member prior to death, if the member had performed less than twenty
5
6 (20) years of credited service, or the actual number of years of
6
7 credited service of the member if greater than twenty (20) years;
7
8 3. Multiplied by the member's final average compensation; and
8
9 4. Divided by 12.
9
10 C. The pension provided for in subsection A of this section
10
11 shall be paid:
11
12 1. Except as provided in subsection D of this section, to the
12
13 surviving spouse for life; or
13
14 2. If there is no surviving spouse or upon the death of the
14
15 surviving spouse:
15
16 a. to the surviving child or children of said the member
16
17 or legal guardian of such child or children for such
17
18 time as such child or children are under the age of
18
19 eighteen (18) years, or
19
20 b. to the surviving child or children between the age of
20
21 eighteen (18) and twenty-two (22) years if the child
21
22 is enrolled full time full-time in and is regularly
22
23 attending a public or private school or any
23
24 institution of higher education.
24
Req. No. 699 Page 50
RBS No. 699
1 D. No surviving spouse shall receive benefits from this
1
2 section, Section 49-113 of Title 11 of the Oklahoma Statutes,
2
3 Section 50-117 of Title 11 of the Oklahoma Statutes, or Section 2-
3
4 306 of Title 47 of the Oklahoma Statutes as the surviving spouse of
4
5 more than one member of the Oklahoma Firefighters Pension and
5
6 Retirement System, the Oklahoma Police Pension and Retirement
6
7 System, the Oklahoma Law Enforcement Retirement System, or the
7
8 Oklahoma Public Employees Retirement System. The surviving spouse
8
9 of more than one member shall elect which member's benefits he or
9
10 she will receive.
10
11 E. In addition to the pension above provided for, if said such
11
12 member leaves one or more children under the age of eighteen (18)
12
13 years or under the age of twenty-two (22) years if the child is
13
14 enrolled full-time in and is regularly attending a public or private
14
15 school or any institution of higher education, Four Hundred Dollars
15
16 ($400.00) a month shall be paid to the surviving spouse or to the
16
17 person having the care and custody of such child or children if
17
18 there is no surviving spouse or if the surviving spouse dies and
18
19 until each child reaches the age of eighteen (18) years or reaches
19
20 the age of twenty-two (22) years if the child is enrolled full-time
20
21 in and is regularly attending a public or private school or any
21
22 institution of higher education.
22
23 F. The pension benefit provided in this section shall be made
23
24 prospectively only from the effective date of this act July 1, 2000.
24
Req. No. 699 Page 51
RBS No. 699
1 The benefits shall be payable beginning the later of the first day
1
2 of the month following the date that such employee was killed or
2
3 dies from a mortal wound, as provided in this section, or the
3
4 effective date of this act July 1, 2000.
4
5 G. The Board of the Oklahoma Public Employees Retirement System
5
6 Board of Trustees shall promulgate such rules as are necessary to
6
7 implement the provisions of this section.
7
8 SECTION 4. AMENDATORY 74 O.S. 2021, Section 919.1, as
8
9 amended by Section 4, Chapter 280, O.S.L. 2024 (74 O.S. Supp. 2024,
9
10 Section 919.1), is amended to read as follows:
10
11 Section 919.1. (1) Employee contributions to the Oklahoma
11
12 Public Employees Retirement System shall be:
12
13 (a) for employees except as otherwise provided in
13
14 paragraphs (b), (c), (d), (e), (f), and (g), and (h)
14
15 of this subsection: beginning July 1, 2006, and
15
16 thereafter, three and one-half percent (3.5%) (3 1/2%)
16
17 of allowable annual compensation;
17
18 (b) for correctional officers and probation and parole
18
19 officers employed by the Department of Corrections:
19
20 beginning July 1, 1998, and thereafter, and for
20
21 correctional officers or probation and parole officers
21
22 who are in such position on June 30, 2004, or who are
22
23 hired after June 30, 2004, and who receive a promotion
23
24 or change in job classification after June 30, 2004,
24
Req. No. 699 Page 52
RBS No. 699
1 to another position in the Department of Corrections,
1
2 so long as such officers have at least five (5) years
2
3 of service as a correctional officer or probation and
3
4 parole officer, eight percent (8%) of allowable
4
5 compensation as provided in paragraph (9) of Section
5
6 902 of this title;
6
7 (c) for fugitive apprehension agents who are employed with
7
8 the Department of Corrections on or after July 1,
8
9 2002, and for fugitive apprehension agents who are in
9
10 such position on June 30, 2004, or who are hired after
10
11 June 30, 2004, and who receive a promotion or change
11
12 in job classification after June 30, 2004, to another
12
13 position in the Department of Corrections, so long as
13
14 such agents have at least five (5) years of service as
14
15 a fugitive apprehension agent, eight percent (8%) of
15
16 allowable compensation as provided in paragraph (9) of
16
17 Section 902 of this title;
17
18 (d) for firefighters of the Oklahoma Military Department
18
19 of the State of Oklahoma first employed beginning July
19
20 1, 2002, and thereafter, and such firefighters who
20
21 performed service prior to July 1, 2002, for the
21
22 Oklahoma Military Department of the State of Oklahoma
22
23 and who make the election authorized by division (1)
23
24 of subparagraph b of paragraph (9) of subsection A of
24
Req. No. 699 Page 53
RBS No. 699
1 Section 915 of this title who perform service on or
1
2 after July 1, 2002, in such capacity, eight percent
2
3 (8%) of allowable compensation as provided in
3
4 subsection paragraph (9) of Section 902 of this title;
4
5 (e) for all public safety officers of the Grand River Dam
5
6 Authority as defined by paragraph (37) of Section 902
6
7 of this title, eight percent (8%) of allowable
7
8 compensation as provided in paragraph (9) of Section
8
9 902 of this title;
9
10 (f) for deputy sheriffs and county jailers employed by any
10
11 county that is a participating employer in the System
11
12 for the first time as a deputy sheriff or jailer on or
12
13 after November 1, 2020, or beginning November 1, 2024,
13
14 those deputy sheriffs and county jailers employed by
14
15 any county that is a participating employer in the
15
16 System for the first time as a deputy sheriff or
16
17 county jailer before November 1, 2020, eight percent
17
18 (8%) of allowable compensation as provided in
18
19 paragraph (9) of Section 902 of this title; and
19
20 (g) for all law enforcement agents of the Department of
20
21 Human Services Office of Inspector General certified
21
22 by the Council on Law Enforcement Education and
22
23 Training (CLEET), eight percent (8%) of allowable
23
24
24
Req. No. 699 Page 54
RBS No. 699
1 compensation as provided in paragraph (9) of
1
2 subsection A of Section 915 of this title; and
2
3 (h) for all employees except those who make contributions
3
4 pursuant to paragraphs (b), (c), (d), (e) and, (f),
4
5 and (g) of this subsection who make an irrevocable
5
6 written election pursuant to paragraph (2) of
6
7 subsection A of Section 915 of this title: six and
7
8 forty-one one-hundredths percent (6.41%) of allowable
8
9 annual compensation.
9
10 The contributions required by paragraphs (b), (c), (d), (e), and
10
11 (f), and (g) of this subsection shall be made by a member for not
11
12 more than twenty (20) years and thereafter shall be as provided in
12
13 paragraph (a) of this subsection.
13
14 (2) Contributions shall be deducted by each state agency by the
14
15 participating employer for such benefits as the Oklahoma Public
15
16 Employees Retirement System Board of Trustees is authorized to
16
17 administer as provided for by law. Employee and employer
17
18 contributions shall be remitted monthly, or as the Board may
18
19 otherwise provide, to the Executive Director for deposit in the
19
20 Oklahoma Public Employees Retirement Fund.
20
21 (3) Each participating employer shall pick up under the
21
22 provisions of Section 414(h)(2) of the Internal Revenue Code of
22
23 1986, as amended, and pay the contribution which the member is
23
24 required by law to make to the System for all compensation earned
24
Req. No. 699 Page 55
RBS No. 699
1 after December 31, 1988. Although the contributions so picked up
1
2 are designated as member contributions, such contributions shall be
2
3 treated as contributions being paid by the participating employer in
3
4 lieu of contributions by the member in determining tax treatment
4
5 under the Internal Revenue Code of 1986, as amended, and such picked
5
6 up contributions shall not be includable in the gross income of the
6
7 member until such amounts are distributed or made available to the
7
8 member or the beneficiary of the member. The member, by the terms
8
9 of this System, shall not have any option to choose to receive the
9
10 contributions so picked up directly and the picked up contributions
10
11 must be paid by the participating employer to the System.
11
12 Member contributions which are picked up shall be treated in the
12
13 same manner and to the same extent as member contributions made
13
14 prior to the date on which member contributions were picked up by
14
15 the participating employer. Member contributions so picked up shall
15
16 be included in gross salary for purposes of determining benefits and
16
17 contributions under the System.
17
18 The participating employer shall pay the member contributions
18
19 from the same source of funds used in paying salary to the member,
19
20 by effecting an equal cash reduction in gross salary of the member.
20
21 (4) By September 1, 1989, the System shall refund the
21
22 accumulated employee contributions of any member who elects to
22
23 retain the member's membership in the Teachers' Retirement System of
23
24 Oklahoma, in accordance with Section 17-104 of Title 70 of the
24
Req. No. 699 Page 56
RBS No. 699
1 Oklahoma Statutes, to such member. Upon the refund of the
1
2 accumulated employee contributions referred to in this subsection,
2
3 all benefits and rights accrued to such member are terminated.
3
4 SECTION 5. AMENDATORY 74 O.S. 2021, Section 935.2, is
4
5 amended to read as follows:
5
6 Section 935.2. A. The Oklahoma Public Employees Retirement
6
7 System (System) shall establish a defined contribution system for
7
8 those persons who first become employed in a full-time equivalent
8
9 full-time-equivalent position or a position which is less than full-
9
10 time but more than half-time position and which qualifies for
10
11 employee benefits, including, but not limited to, health insurance
11
12 and leave time by any participating employer of the System, as
12
13 defined by paragraph (25) of Section 902 of this title, on or after
13
14 November 1, 2015. Any person first licensed by the State Department
14
15 of Rehabilitation Services as a vending stand operator or managing
15
16 operator on or after November 1, 2015, as defined by Section 929 of
16
17 this title, shall be eligible for participation in the defined
17
18 contribution system.
18
19 B. The provisions of subsection A of this section and the
19
20 provisions of this act the Retirement Freedom Act shall not be
20
21 applicable to employees who are initially employed in the positions
21
22 described in division (i), (ii), (iii), or (iv), (v), (vi), (vii),
22
23 or (viii) of subparagraph (d) of paragraph (24) of Section 902 of
23
24 this title, district attorneys, assistant district attorneys or
24
Req. No. 699 Page 57
RBS No. 699
1 other employees of the district attorney's office, and any employees
1
2 of a county, county elected officials, county hospital, city or
2
3 town, conservation district, circuit engineering district, and any
3
4 public or private trust in which a county, city or town participates
4
5 and is the primary beneficiary.
5
6 C. An employee described by subsection A of this section shall
6
7 become a participant in the defined contribution system and the
7
8 employee shall not accrue any service credit in the Oklahoma Public
8
9 Employees Retirement System as established pursuant to Section 901
9
10 et seq. of this title.
10
11 D. Employees who participate in the defined contribution system
11
12 shall be deemed to begin service in the defined contribution system
12
13 on the first day of the month following employment.
13
14 E. An employee who begins participating in the defined benefit
14
15 plan on or after November 1, 2015, in one of the positions described
15
16 in subsection B of this section, shall continue to participate in
16
17 the defined benefit plan only as long as he or she continues to be
17
18 employed in a position described in subsection B of this section.
18
19 F. Any employee employed on or after November 1, 2015, by the
19
20 Legislative Service Bureau, State Senate or House of Representatives
20
21 for the full duration of a regular legislative session shall be
21
22 eligible for membership only in the defined contribution system
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23 regardless of classification as a temporary employee. The temporary
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24 session employee may participate in the defined contribution system
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Req. No. 699 Page 58
RBS No. 699
1 during the regular legislative session at the option of the
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2 employee. Once the temporary session employee makes a choice to
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3 participate, the choice shall be binding for all future legislative
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4 sessions during which the temporary session employee is employed.
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5 For purposes of this subparagraph subsection, the determination of
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6 whether an employee is employed for the full duration of a regular
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7 legislative session shall be made by the employer.
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Req. No. 699 Page 59Every fact on this page links to its source, starting with the official bill record.