Bill Text For HB1246 - Enrolled

ENROLLED HOUSE

BILL NO. 1246                       By: McBride, Hasenbeck and Nollan of the House

 

                                               and

 

                                        Smalley of the Senate

 

 

 

 

 

An Act relating to the Teachers' Retirement System of Oklahoma; amending 70 O.S. 2011, Section 17-103, which relates to retirement system membership; modifying eligibility for certain retired members; and providing an effective date.

 

 

 

SUBJECT: Teachers' Retirement System

 

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

 

SECTION 1.     AMENDATORY     70 O.S. 2011, Section 17-103, is amended to read as follows:

 

Section 17-103.  Except as provided in the Alternate Retirement Plan for Comprehensive Universities Act, the membership of the retirement system shall consist of the following:

 

(1)  All classified personnel shall become members of the retirement system as a condition of their employment;

 

(2)  All full-time nonclassified optional personnel regularly employed for more than one (1) year may join the Teachers' Retirement System subject to the rules and regulations adopted pursuant to this act.  Subject to the outcome of the private letter ruling request (2003) submitted by the Board of Trustees to the Internal Revenue Service (2001), the System retirement system shall permit eligible nonclassified optional personnel who have ceased to make otherwise required employee contributions after having made an election to become a member of the retirement system to resume employee contributions.  No service shall be credited to any such member for any period of time during which employee contributions were not made;

 

(3)  All persons who shall become classified personnel or who are regularly employed in any school system as new classified personnel after July 1, 1943, hereof, shall become members of the retirement system as a condition of their employment;

 

(4)  All other regular school employees may join the Teachers' Retirement System subject to the rules and regulations as may be adopted by the Board of Trustees of the Teachers' Retirement System;

 

(5)  The Board of Trustees may, in its discretion, deny the right to become members to any class of members whose compensation is only partly paid by the state, or who is serving on a temporary or other than per annum basis, and it also may, in its discretion, make optional with members in any such class their individual entrance into the retirement system; and

 

(6)  Should any member, with less than ten (10) years of teaching service in Oklahoma, in any period of six (6) consecutive years after becoming a member be absent from service more than five (5) years, withdraw his or her contributions, retire or die, he or she shall thereupon cease to be a member.  The provisions of this paragraph shall not apply to any member of the Teachers' Retirement System who has been a member of such classes of military services as may be approved by the Board of Trustees, until a period of one and one-half (1 1/2) years from date of termination of such service shall have elapsed; and

 

(7)  Effective November 1, 2019, a retired member of the Teachers' Retirement System who becomes employed by the State Department of Education for the first time on or after November 1, 2019, shall have the option to remain a member of the Teachers' Retirement System subject to any applicable limitations placed on retired members returning to work or may choose to participate in the Oklahoma Public Employees Retirement System as an active member.

 

SECTION 2.  This act shall become effective November 1, 2019.

 

Passed the House of Representatives the 11th day of March, 2019.

 

 

 

                            

                                   Presiding Officer of the House

                                               of Representatives

 

 

Passed the Senate the 17th day of April, 2019.

 

 

 

                             

                                  Presiding Officer of the Senate

 

 

 

OFFICE OF THE GOVERNOR

Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.

By: _________________________________

Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

 

 

                                  _________________________________

                                  Governor of the State of Oklahoma

 

OFFICE OF THE SECRETARY OF STATE

Received by the Office of the Secretary of State this __________ day of ___________________, 20_______, at _______ o'clock _______ M.

By: _________________________________

 

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