BILL NO. 1246 By: McBride, Hasenbeck and Nollan of the House
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:
(1) All classified personnel shall become members of the retirement system as a condition of their employment;
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;
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;
(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.
Presiding Officer of the House
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.
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.