Bill Text For HB1307 - Committee Substitute

 1|                          STATE OF OKLAHOMA                            |
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 2|             2nd Session of the 57th Legislature (2020)                |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR                                                                    |
 4|HOUSE BILL NO. 1307                  By: Meredith                      |
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 7|                        COMMITTEE SUBSTITUTE                           |
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 8|       An Act relating to the Oklahoma Law Enforcement                 |
  |       Retirement System; amending 62 O.S. 2011, Section               |
 9|       3103, as last amended by Section 2, Chapter 245,                |
  |       O.S.L. 2018 (62 O.S. Supp. 2019, Section 3103), which           |
10|       relates to the Oklahoma Pension Legislation Actuarial           |
  |       Analysis Act; modifying definitions; amending 47 O.S.           |
11|       2011, Sections 2-300, as amended by Section 1,                  |
  |       Chapter 383, O.S.L. 2015, 2-304, as amended by                  |
12|       Section 1, Chapter 307, O.S.L. 2012 and 2-314 (47               |
  |       O.S. Supp. 2019, Sections 2-300 and 2-304), which               |
13|       relate to definitions and certain irrevocable                   |
  |       elections for participation in the retirement system;           |
14|       modifying definitions; providing for membership by              |
  |       certain law enforcement officers of institutions                |
15|       within The Oklahoma State System of Higher Education;           |
  |       modifying employer and employee contribution rates              |
16|       for certain members of the System; modifying                    |
  |       provisions related to elections; providing for Board            |
17|       of Regents to make irrevocable elections with respect           |
  |       to certain police officers employed by institutions;            |
18|       providing for membership in the Oklahoma Law                    |
  |       Enforcement Retirement System; providing for transfer           |
19|       of service credit from the Teachers' Retirement                 |
  |       System of Oklahoma; prescribing procedures for                  |
20|       payment of actuarial cost with respect to certain               |
  |       service credit; providing for elections with respect            |
21|       to police officers based upon designation of first              |
  |       participating service; providing for codification;              |
22|       and providing effective dates.                                  |
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   Req. No. 11479                                                  Page 1
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 1|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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 2|    SECTION 1.     AMENDATORY     62 O.S. 2011, Section 3103, as       |
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 3|last amended by Section 2, Chapter 245, O.S.L. 2018 (62 O.S. Supp.     |
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 4|2019, Section 3103), is amended to read as follows:                    |
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 5|    Section 3103.  As used in the Oklahoma Pension Legislation         |
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 6|Actuarial Analysis Act:                                                |
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 7|    1.  "Amendment" means any amendment, including a substitute        |
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 8|bill, made to a retirement bill by any committee of the House or       |
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 9|Senate, any conference committee of the House or Senate or by the      |
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10|House or Senate;                                                       |
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11|    2.  "RB number" means that number preceded by the letters "RB"     |
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12|assigned to a retirement bill by the respective staffs of the          |
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13|Oklahoma State Senate and the Oklahoma House of Representatives when   |
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14|the respective staff office prepares a retirement bill for a member    |
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15|of the Legislature;                                                    |
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16|    3.  "Legislative Actuary" means the firm or entity that enters     |
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17|into a contract with the Legislative Service Bureau pursuant to        |
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18|Section 452.15 of Title 74 of the Oklahoma Statutes to provide the     |
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19|actuarial services and other duties provided for in the Oklahoma       |
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20|Pension Legislation Actuarial Analysis Act;                            |
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21|    4.  "Nonfiscal amendment" means an amendment to a retirement       |
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22|bill having a fiscal impact, which amendment does not change any       |
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23|factor of an actuarial investigation specified in subsection A of      |
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24|Section 3109 of this title;                                            |
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   Req. No. 11479                                                  Page 2
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 1|    5.  "Nonfiscal retirement bill" means a retirement bill:           |
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 2|         a.    which does not affect the cost or funding factors of    |
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 3|              a retirement system, or                                  |
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 4|         b.    which affects such factors only in a manner which       |
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 5|              does not:                                                |
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 6|              (1)   grant a benefit increase under the retirement      |
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 7|                   system affected by the bill,                        |
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 8|              (2)   create an actuarial accrued liability for or       |
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 9|                   increase the actuarial accrued liability of the     |
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10|                   retirement system affected by the bill, or          |
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11|              (3)   increase the normal cost of the retirement         |
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12|                   system affected by the bill,                        |
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13|         c.    which authorizes the purchase by an active member of    |
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14|              the retirement system, at the actuarial cost for the     |
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15|              purchase as computed pursuant to the statute in effect   |
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16|              on the effective date of the measure allowing such       |
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17|              purchase, of years of service for purposes of reaching   |
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18|              a normal retirement date in the applicable retirement    |
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19|              system, but which cannot be used in order to compute     |
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20|              the number of years of service for purposes of           |
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21|              computing the retirement benefit for the member,         |
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22|         d.    which provides for the computation of a                 |
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23|              service-connected disability retirement benefit for      |
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24|              members of the Oklahoma Law Enforcement Retirement       |
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   Req. No. 11479                                                  Page 3
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 1|              System pursuant to Section 2-305 of Title 47 of the      |
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 2|              Oklahoma Statutes if the members were unable to          |
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 3|              complete twenty (20) years of service as a result of     |
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 4|              the disability,                                          |
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 5|         e.    which requires membership in the defined benefit plan   |
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 6|              authorized by Section 901 et seq. of Title 74 of the     |
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 7|              Oklahoma Statutes for persons whose first elected or     |
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 8|              appointed service occurs on or after November 1, 2018,   |
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 9|              if such persons had any prior service in the Oklahoma    |
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10|              Public Employees Retirement System prior to November     |
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11|              1, 2015, or                                              |
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12|         f.    which provides for a one-time increase in retirement    |
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13|              benefits if the increase in retirement benefits is not   |
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14|              a permanent increase in the gross annual retirement      |
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15|              benefit payable to a member or beneficiary, occurs       |
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16|              only once pursuant to a single statutory authorization   |
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17|              and does not exceed:                                     |
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18|              (1)   the lesser of two percent (2%) of the gross        |
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19|                   annual retirement benefit of the member or One      |
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20|                   Thousand Dollars ($1,000.00) and requires that      |
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21|                   the benefit may only be provided if the funded      |
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22|                   ratio of the affected retirement system would not   |
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23|                   be less than sixty percent (60%) but not greater    |
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24|                                                                       |
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   Req. No. 11479                                                  Page 4
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 1|                   than eighty percent (80%) after the benefit         |
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 2|                   increase is paid,                                   |
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 3|              (2)   the lesser of two percent (2%) of the gross        |
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 4|                   annual retirement benefit of the member or One      |
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 5|                   Thousand Two Hundred Dollars ($1,200.00) and        |
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 6|                   requires that the benefit may only be provided if   |
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 7|                   the funded ratio of the affected retirement         |
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 8|                   system would be greater than eighty percent (80%)   |
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 9|                   but not greater than one hundred percent (100%)     |
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10|                   after the benefit increase is paid,                 |
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11|              (3)   the lesser of two percent (2%) of the gross        |
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12|                   annual retirement benefit of the member or One      |
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13|                   Thousand Four Hundred Dollars ($1,400.00) and       |
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14|                   requires that the benefit may only be provided if   |
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15|                   the funded ratio of the affected retirement         |
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16|                   system would be greater than one hundred percent    |
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17|                   (100%) after the benefit increase is paid, or       |
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18|              (4)   the greater of two percent (2%) of the gross       |
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19|                   annual retirement benefit of the volunteer          |
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20|                   firefighter or One Hundred Dollars ($100.00) for    |
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21|                   persons who retired from the Oklahoma               |
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22|                   Firefighters Pension and Retirement System as       |
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23|                   volunteer firefighters and who did not retire       |
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24|                                                                       |
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   Req. No. 11479                                                  Page 5
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 1|                   from the Oklahoma Firefighters Pension and          |
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 2|                   Retirement System as a paid firefighter; or         |
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 3|              g.    which provides for the purchase of service         |
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 4|                   credit in the Oklahoma Law Enforcement Retirement   |
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 5|                   System using an actuarial cost computation as       |
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 6|                   authorized pursuant to Section 5 of this act.       |
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 7|              As used in this subparagraph, "funded ratio" means the   |
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 8|              figure derived by dividing the actuarial value of        |
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 9|              assets of the applicable retirement system by the        |
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10|              actuarial accrued liability of the applicable            |
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11|              retirement system.                                       |
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12|A nonfiscal retirement bill shall include any retirement bill that     |
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13|has as its sole purpose the appropriation or distribution or           |
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14|redistribution of monies in some manner to a retirement system for     |
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15|purposes of reducing the unfunded liability of such system or the      |
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16|earmarking of a portion of the revenue from a tax to a retirement      |
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17|system or increasing the percentage of the revenue earmarked from a    |
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18|tax to a retirement system;                                            |
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19|    6.  "Reduction-in-cost amendment" means an amendment to a          |
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20|retirement bill having a fiscal impact which reduces the cost of the   |
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21|bill as such cost is determined by the actuarial investigation for     |
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22|the bill prepared pursuant to Section 3109 of this title;              |
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23|    7.  "Retirement bill" means any bill or joint resolution           |
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24|introduced or any bill or joint resolution amended by a member of      |
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   Req. No. 11479                                                  Page 6
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 1|the Oklahoma Legislature which creates or amends any law directly      |
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 2|affecting a retirement system.  A retirement bill shall not mean a     |
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 3|bill or resolution that impacts the revenue of any state tax in        |
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 4|which a portion of the revenue generated from such tax is earmarked    |
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 5|for the benefit of a retirement system;                                |
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 6|    8.  "Retirement bill having a fiscal impact" means any             |
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 7|retirement bill creating or establishing a retirement system and any   |
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 8|other retirement bill other than a nonfiscal retirement bill; and      |
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 9|    9.  "Retirement system" means the Teachers' Retirement System of   |
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10|Oklahoma, the Oklahoma Public Employees Retirement System, the         |
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11|Uniform Retirement System for Justices and Judges, the Oklahoma        |
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12|Firefighters Pension and Retirement System, the Oklahoma Police        |
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13|Pension and Retirement System, the Oklahoma Law Enforcement            |
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14|Retirement System, or a retirement system established after January    |
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15|1, 2006.                                                               |
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16|    SECTION 2.     AMENDATORY     47 O.S. 2011, Section 2-300, as      |
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17|amended by Section 1, Chapter 383, O.S.L. 2015 (47 O.S. Supp. 2019,    |
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18|Section 2-300), is amended to read as follows:                         |
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19|    Section 2-300.  As used in Section 2-300 et seq. of this title:    |
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20|    1.  "System" means the Oklahoma Law Enforcement Retirement         |
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21|System;                                                                |
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22|    2.  "Act" means Section 2-300 et seq. of this title;               |
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23|    3.  "Board" means the Oklahoma Law Enforcement Retirement Board    |
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24|of the System;                                                         |
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   Req. No. 11479                                                  Page 7
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 1|    4.  "Executive Director" means the managing officer of the         |
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 2|System employed by the Board;                                          |
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 3|    5.  "Fund" means the Oklahoma Law Enforcement Retirement Fund;     |
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 4|    6.   a.   "Member" means:                                          |
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 5|              (1)  all commissioned law enforcement officers of the    |
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 6|                   Oklahoma Highway Patrol Division of the             |
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 7|                   Department of Public Safety who have obtained       |
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 8|                   certification from the Council on Law Enforcement   |
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 9|                   Education and Training, and all cadets of a         |
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10|                   Patrol Academy of the Department of Public          |
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11|                   Safety,                                             |
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12|              (2)  law enforcement officers and criminalists of the    |
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13|                   Oklahoma State Bureau of Investigation,             |
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14|              (3)  law enforcement officers of the Oklahoma State      |
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15|                   Bureau of Narcotics and Dangerous Drugs Control     |
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16|                   designated to perform duties in the investigation   |
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17|                   and prevention of crime and the enforcement of      |
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18|                   the criminal laws of this state,                    |
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19|              (4)  law enforcement officers of the Oklahoma            |
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20|                   Alcoholic Beverage Laws Enforcement Commission      |
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21|                   designated to perform duties in the investigation   |
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22|                   and prevention of crime and the enforcement of      |
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23|                   the criminal laws of this state,                    |
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   Req. No. 11479                                                  Page 8
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 1|              (5)  employees of the Communications Section of the      |
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 2|                   Oklahoma Highway Patrol Division, radio             |
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 3|                   technicians, and tower technicians of the           |
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 4|                   Department of Public Safety, who are employed in    |
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 5|                   any such capacity as of June 30, 2008, and who      |
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 6|                   remain employed on or after July 1, 2008, until a   |
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 7|                   termination of service, or until a termination of   |
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 8|                   service with an election of a vested benefit from   |
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 9|                   the System, or until retirement.  Effective July    |
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10|                   1, 2008, a person employed for the first time as    |
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11|                   an employee of the Department of Public Safety in   |
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12|                   the Communications Division as an information       |
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13|                   systems telecommunication technician of the         |
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14|                   Department of Public Safety shall not be a member   |
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15|                   of the System,                                      |
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16|              (6)  park rangers of the Oklahoma Tourism and            |
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17|                   Recreation Department and any park manager or       |
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18|                   park supervisor of the Oklahoma Tourism and         |
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19|                   Recreation Department who was employed in such a    |
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20|                   position prior to July 1, 1985, and who elects on   |
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21|                   or before September 1, 1996, to participate in      |
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22|                   the System, and                                     |
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23|              (7)  inspectors of the Board of Pharmacy, and            |
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   Req. No. 11479                                                  Page 9
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 1|              (8)  law enforcement officers employed either by an      |
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 2|                   institution within The Oklahoma State System of     |
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 3|                   Higher Education that makes an election             |
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 4|                   authorized pursuant to Section 5 of this act and    |
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 5|                   who further elects on an individual basis to        |
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 6|                   participate in the System or law enforcement        |
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 7|                   officers employed by an institution within The      |
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 8|                   Oklahoma State System of Higher Education whose     |
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 9|                   first participating service in such employment      |
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10|                   occurs on or after November 1, 2020, for an         |
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11|                   institution that makes an election authorized       |
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12|                   pursuant to Section 5 of this act.                  |
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13|         b.   Effective July 1, 1987, a member does not include a      |
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14|              "leased employee" as defined under Section 414(n)(2)     |
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15|              of the Internal Revenue Code of 1986, as amended.        |
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16|              Effective July 1, 1999, any individual who agrees with   |
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17|              the participating employer that the individual's         |
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18|              services are to be performed as a leased employee or     |
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19|              an independent contractor shall not be a member          |
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20|              regardless of any classification as a common-law         |
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21|              employee by the Internal Revenue Service or any other    |
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22|              governmental agency, or any court of competent           |
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23|              jurisdiction.                                            |
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   Req. No. 11479                                                  Page 10
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 1|         c.   All persons who shall be offered a position of a         |
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 2|              commissioned law enforcement officer as an employee of   |
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 3|              one of the agencies described in subparagraph a of       |
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 4|              this paragraph shall participate in the System upon      |
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 5|              the person meeting the requisite                         |
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 6|              post-offer-pre-employment physical examination           |
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 7|              standards which shall be subject to the following        |
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 8|              requirements:                                            |
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 9|              (1)  all such persons shall be of good moral             |
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10|                   character, free from deformities, mental or         |
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11|                   physical conditions, or disease and alcohol or      |
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12|                   drug addiction which would prohibit the person      |
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13|                   from performing the duties of a law enforcement     |
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14|                   officer,                                            |
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15|              (2)  the physical-medical examination shall pertain to   |
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16|                   age, sight, hearing, agility and other conditions   |
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17|                   the requirements of which shall be established by   |
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18|                   the Board,                                          |
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19|              (3)  the person shall be required to meet the            |
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20|                   conditions of this subsection prior to the          |
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21|                   beginning of actual employment but after an offer   |
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22|                   of employment has been tendered by a                |
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23|                   participating employer,                             |
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24|                                                                       |
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   Req. No. 11479                                                  Page 11
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 1|              (4)  the Board shall have authority to deny or revoke    |
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 2|                   membership of any person submitting false           |
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 3|                   information in such person's membership             |
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 4|                   application, and                                    |
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 5|              (5)  the Board shall have final authority in             |
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 6|                   determining eligibility for membership in the       |
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 7|                   System, pursuant to the provisions of this          |
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 8|                   subsection;                                         |
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 9|    7.  "Normal retirement date" means the date at which the member    |
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10|is eligible to receive the unreduced payments of the member's          |
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11|accrued retirement benefit.  Such date shall be the first day of the   |
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12|month coinciding with or following the date the member:                |
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13|         a.   completes twenty (20) years of vesting service, or       |
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14|         b.   attains sixty-two (62) years of age with ten (10)        |
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15|              years of vesting service, or                             |
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16|         c.   attains sixty-two (62) years of age, if:                 |
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17|              (1)  the member has been transferred to this System      |
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18|                   from the Oklahoma Public Employees Retirement       |
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19|                   System on or after July 1, 1981, and                |
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20|              (2)  the member would have been vested had the member    |
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21|                   continued to be a member of the Oklahoma Public     |
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22|                   Employees Retirement System.                        |
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23|    With respect to distributions under the System made for calendar   |
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24|years beginning on or after January 1, 2005, the System shall apply    |
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   Req. No. 11479                                                  Page 12
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 1|the minimum distribution incidental benefit requirements, incidental   |
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 2|benefit requirements, and minimum distribution requirements of         |
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 3|Section 401(a)(9) of the Internal Revenue Code of 1986, as amended,    |
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 4|in accordance with the final regulations under Section 401(a)(9) of    |
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 5|the Internal Revenue Code of 1986, as amended, which were issued in    |
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 6|April 2002 and June 2004, notwithstanding any provision of the         |
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 7|System to the contrary.  With respect to distributions under the       |
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 8|System made for calendar years beginning on or after January 1,        |
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 9|2001, through December 31, 2004, the System shall apply the minimum    |
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10|distribution requirements and incidental benefit requirements of       |
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11|Section 401(a)(9) of the Internal Revenue Code of 1986, as amended,    |
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12|in accordance with the regulations under Section 401(a)(9) of the      |
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13|Internal Revenue Code of 1986, as amended, which were proposed in      |
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14|January 2001, notwithstanding any provision of the System to the       |
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15|contrary.                                                              |
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16|    Effective July 1, 1989, notwithstanding any other provision        |
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17|contained herein to the contrary, in no event shall commencement of    |
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18|distribution of the accrued retirement benefit of a member be          |
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19|delayed beyond April 1 of the calendar year following the later of:    |
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20|(1) the calendar year in which the member reaches seventy and          |
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21|one-half (70 1/2) years of age; or (2) the actual retirement date of   |
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22|the member.  The preceding sentence does not allow deferral of         |
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23|benefit commencement beyond the age of sixty-five (65).                |
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24|                                                                       |
  |                                                                       |
   Req. No. 11479                                                  Page 13
___________________________________________________________________________

 1|    Effective September 8, 2009, notwithstanding anything to the       |
  |                                                                       |
 2|contrary of the System, the System, which as a governmental plan       |
  |                                                                       |
 3|(within the meaning of Section 414(d) of the Internal Revenue Code     |
  |                                                                       |
 4|of 1986, as amended), is treated as having complied with Section       |
  |                                                                       |
 5|401(a)(9) of the Internal Revenue Code of 1986, as amended, for all    |
  |                                                                       |
 6|years to which Section 401(a)(9) of the Internal Revenue Code of       |
  |                                                                       |
 7|1986, as amended, applies to the System if the System complies with    |
  |                                                                       |
 8|a reasonable and good faith interpretation of Section 401(a)(9) of     |
  |                                                                       |
 9|the Internal Revenue Code of 1986, as amended.                         |
  |                                                                       |
10|    A member who was required to join the System effective July 1,     |
  |                                                                       |
11|1980, because of the transfer of the employing agency from the         |
  |                                                                       |
12|Oklahoma Public Employees Retirement System to the System, and was     |
  |                                                                       |
13|not a member of the Oklahoma Public Employees Retirement System on     |
  |                                                                       |
14|the date of such transfer shall be allowed to receive credit for       |
  |                                                                       |
15|prior law enforcement service rendered to this state, if the member    |
  |                                                                       |
16|is not receiving or eligible to receive retirement credit or           |
  |                                                                       |
17|benefits for such service in any other public retirement system,       |
  |                                                                       |
18|upon payment to the System of the employee contribution the member     |
  |                                                                       |
19|would have been subject to had the member been a member of the         |
  |                                                                       |
20|System at the time, plus five percent (5%) interest.  Service credit   |
  |                                                                       |
21|received pursuant to this paragraph shall be used in determining the   |
  |                                                                       |
22|member's retirement benefit, and shall be used in determining years    |
  |                                                                       |
23|of service for retirement or vesting purposes;                         |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 11479                                                  Page 14
___________________________________________________________________________

 1|    8.  "Actual paid base salary" means the salary received by a       |
  |                                                                       |
 2|member, excluding payment for any accumulated leave or uniform         |
  |                                                                       |
 3|allowance.  Salary shall include any amount of nonelective salary      |
  |                                                                       |
 4|reduction under Section 414(h) of the Internal Revenue Code of 1986;   |
  |                                                                       |
 5|    9.  "Final average salary" means the average of the highest        |
  |                                                                       |
 6|thirty (30) consecutive complete months of actual paid gross salary.   |
  |                                                                       |
 7| Gross salary shall include any amount of elective salary reduction    |
  |                                                                       |
 8|under Section 457 of the Internal Revenue Code of 1986, as amended,    |
  |                                                                       |
 9|and any amount of nonelective salary reduction under Section 414(h)    |
  |                                                                       |
10|of the Internal Revenue Code of 1986, as amended.  Effective July 1,   |
  |                                                                       |
11|1992, gross salary shall include any amount of elective salary         |
  |                                                                       |
12|reduction under Section 125 of the Internal Revenue Code of 1986, as   |
  |                                                                       |
13|amended.  Effective July 1, 1998, gross salary shall include any       |
  |                                                                       |
14|amount of elective salary reduction not includable in the gross        |
  |                                                                       |
15|income of the member under Section 132(f)(4) of the Internal Revenue   |
  |                                                                       |
16|Code of 1986, as amended.  Effective July 1, 1998, for purposes of     |
  |                                                                       |
17|determining a member's compensation, any contribution by the member    |
  |                                                                       |
18|to reduce his or her regular cash remuneration under Section           |
  |                                                                       |
19|132(f)(4) of the Internal Revenue Code of 1986, as amended, shall be   |
  |                                                                       |
20|treated as if the member did not make such an election.  Only salary   |
  |                                                                       |
21|on which required contributions have been made may be used in          |
  |                                                                       |
22|computing the final average salary.  Gross salary shall not include    |
  |                                                                       |
23|severance pay.                                                         |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 11479                                                  Page 15
___________________________________________________________________________

 1|    In addition to other applicable limitations, and notwithstanding   |
  |                                                                       |
 2|any other provision to the contrary, for plan years beginning on or    |
  |                                                                       |
 3|after July 1, 2002, the annual gross salary of each "Noneligible       |
  |                                                                       |
 4|Member" taken into account under the System shall not exceed the       |
  |                                                                       |
 5|Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA")   |
  |                                                                       |
 6|annual salary limit.  The EGTRRA annual salary limit is Two Hundred    |
  |                                                                       |
 7|Thousand Dollars ($200,000.00), as adjusted by the Commissioner for    |
  |                                                                       |
 8|increases in the cost of living in accordance with Section             |
  |                                                                       |
 9|401(a)(17)(B) of the Internal Revenue Code of 1986, as amended.  The   |
  |                                                                       |
10|annual salary limit in effect for a calendar year applies to any       |
  |                                                                       |
11|period, not exceeding twelve (12) months, over which salary is         |
  |                                                                       |
12|determined ("determination period") beginning in such calendar year.   |
  |                                                                       |
13| If a determination period consists of fewer than twelve (12)          |
  |                                                                       |
14|months, the EGTRRA salary limit will be multiplied by a fraction,      |
  |                                                                       |
15|the numerator of which is the number of months in the determination    |
  |                                                                       |
16|period, and the denominator of which is twelve (12).  For purposes     |
  |                                                                       |
17|of this section, a "Noneligible Member" is any member who first        |
  |                                                                       |
18|became a member during a plan year commencing on or after July 1,      |
  |                                                                       |
19|1996.                                                                  |
  |                                                                       |
20|    For plan years beginning on or after July 1, 2002, any reference   |
  |                                                                       |
21|in the System to the annual salary limit under Section 401(a)(17) of   |
  |                                                                       |
22|the Internal Revenue Code of 1986, as amended, shall mean the EGTRRA   |
  |                                                                       |
23|salary limit set forth in this provision.                              |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 11479                                                  Page 16
___________________________________________________________________________

 1|    Effective January 1, 2008, gross salary for a plan year shall      |
  |                                                                       |
 2|also include gross salary, as described above, for services, but       |
  |                                                                       |
 3|paid by the later of two and one-half (2 1/2) months after a           |
  |                                                                       |
 4|member's severance from employment or the end of the calendar year     |
  |                                                                       |
 5|that includes the date the member terminated employment, if it is a    |
  |                                                                       |
 6|payment that, absent a severance from employment, would have been      |
  |                                                                       |
 7|paid to the member while the member continued in employment with the   |
  |                                                                       |
 8|employer.                                                              |
  |                                                                       |
 9|    Effective January 1, 2008, any payments not described above        |
  |                                                                       |
10|shall not be considered gross salary if paid after severance from      |
  |                                                                       |
11|employment, even if they are paid by the later of two and one-half     |
  |                                                                       |
12|(2 1/2) months after the date of severance from employment or the      |
  |                                                                       |
13|end of the calendar year that includes the date of severance from      |
  |                                                                       |
14|employment, except payments to an individual who does not currently    |
  |                                                                       |
15|perform services for the employer by reason of qualified military      |
  |                                                                       |
16|service within the meaning of Section 414(u)(5) of the Internal        |
  |                                                                       |
17|Revenue Code of 1986, as amended, to the extent these payments do      |
  |                                                                       |
18|not exceed the amounts the individual would have received if the       |
  |                                                                       |
19|individual had continued to perform services for the employer rather   |
  |                                                                       |
20|than entering qualified military service.                              |
  |                                                                       |
21|    Effective January 1, 2008, back pay, within the meaning of         |
  |                                                                       |
22|Section 1.415(c)-2(g)(8) of the Income Tax Regulations, shall be       |
  |                                                                       |
23|treated as gross salary for the limitation year to which the back      |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 11479                                                  Page 17
___________________________________________________________________________

 1|pay relates to the extent the back pay represents wages and            |
  |                                                                       |
 2|compensation that would otherwise be included in this definition.      |
  |                                                                       |
 3|    Effective for years beginning after December 31, 2008, gross       |
  |                                                                       |
 4|salary shall also include differential wage payments under Section     |
  |                                                                       |
 5|414(u)(12) of the Internal Revenue Code of 1986, as amended;           |
  |                                                                       |
 6|    10.  "Credited service" means the period of service used to        |
  |                                                                       |
 7|determine the amount of benefits payable to a member.  Credited        |
  |                                                                       |
 8|service shall consist of the period during which the member            |
  |                                                                       |
 9|participated in the System or the predecessor Plan as an active        |
  |                                                                       |
10|employee in an eligible membership classification, plus any service    |
  |                                                                       |
11|prior to the establishment of the predecessor Plan which was           |
  |                                                                       |
12|credited under the predecessor Plan and for law enforcement officers   |
  |                                                                       |
13|and criminalists of the Oklahoma State Bureau of Investigation and     |
  |                                                                       |
14|the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control     |
  |                                                                       |
15|who became members of the System on July 1, 1980, any service          |
  |                                                                       |
16|credited under the Oklahoma Public Employees Retirement System as of   |
  |                                                                       |
17|June 30, 1980, and for members of the Communications and Lake Patrol   |
  |                                                                       |
18|Divisions of the Oklahoma Department of Public Safety, who became      |
  |                                                                       |
19|members of the System on July 1, 1981, any service credited under      |
  |                                                                       |
20|the predecessor Plan or the Oklahoma Public Employees Retirement       |
  |                                                                       |
21|System as of June 30, 1981, and for law enforcement officers of the    |
  |                                                                       |
22|Alcoholic Beverage Laws Enforcement Commission who became members of   |
  |                                                                       |
23|the System on July 1, 1982, any service credited under the Oklahoma    |
  |                                                                       |
24|Public Employees Retirement System as of June 30, 1982, and for park   |
  |                                                                       |
   Req. No. 11479                                                  Page 18
___________________________________________________________________________

 1|rangers of the Oklahoma Tourism and Recreation Department who became   |
  |                                                                       |
 2|members of the System on July 1, 1985, any service credited under      |
  |                                                                       |
 3|the Oklahoma Public Employees Retirement System as of June 30, 1985,   |
  |                                                                       |
 4|and for inspectors of the Oklahoma State Board of Pharmacy who         |
  |                                                                       |
 5|became members of the System on July 1, 1986, any service credited     |
  |                                                                       |
 6|under the Oklahoma Public Employees Retirement System as of June 30,   |
  |                                                                       |
 7|1986, for law enforcement officers of the Oklahoma Capitol Patrol      |
  |                                                                       |
 8|Division of the Department of Public Safety who became members of      |
  |                                                                       |
 9|the System effective July 1, 1993, any service credited under the      |
  |                                                                       |
10|Oklahoma Public Employees Retirement System as of June 30, 1993, and   |
  |                                                                       |
11|for all commissioned officers in the Gunsmith/Ammunition Reloader      |
  |                                                                       |
12|Division of the Department of Public Safety who became members of      |
  |                                                                       |
13|the System effective July 1, 1994, any service credited under the      |
  |                                                                       |
14|Oklahoma Public Employees Retirement System as of June 30, 1994, and   |
  |                                                                       |
15|for the park managers or park supervisors of the Oklahoma Tourism      |
  |                                                                       |
16|and Recreation Department who were employed in such a position prior   |
  |                                                                       |
17|to July 1, 1985, and who elect to become members of the System         |
  |                                                                       |
18|effective September 1, 1996, any service transferred pursuant to       |
  |                                                                       |
19|subsection C of Section 2-309.6 of this title and any service          |
  |                                                                       |
20|purchased pursuant to subsection B of Section 2-307.2 of this title.   |
  |                                                                       |
21| Effective August 5, 1993, an authorized leave of absence shall        |
  |                                                                       |
22|include a period of absence pursuant to the Family and Medical Leave   |
  |                                                                       |
23|Act of 1993;                                                           |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 11479                                                  Page 19
___________________________________________________________________________

 1|    11.  "Disability" means a physical or mental condition which, in   |
  |                                                                       |
 2|the judgment of the Board, totally and presumably permanently          |
  |                                                                       |
 3|prevents the member from engaging in the usual and customary duties    |
  |                                                                       |
 4|of the occupation of the member and thereafter prevents the member     |
  |                                                                       |
 5|from performing the duties of any occupation or service for which      |
  |                                                                       |
 6|the member is qualified by reason of training, education or            |
  |                                                                       |
 7|experience.  A person is not under a disability when capable of        |
  |                                                                       |
 8|performing a service to the employer, regardless of occupation,        |
  |                                                                       |
 9|providing the salary of the employee is not diminished thereby;        |
  |                                                                       |
10|    12.  "Limitation year" means the year used in applying the         |
  |                                                                       |
11|limitations of Section 415 of the Internal Revenue Code of 1986,       |
  |                                                                       |
12|which year shall be the calendar year;                                 |
  |                                                                       |
13|    13.  "Line of duty" means any action which a member whose          |
  |                                                                       |
14|primary function is crime control or reduction or enforcement of the   |
  |                                                                       |
15|criminal law is obligated or authorized by rule, regulations,          |
  |                                                                       |
16|condition of employment or service, or law to perform, including       |
  |                                                                       |
17|those social, ceremonial, or athletic functions to which the member    |
  |                                                                       |
18|is assigned, or for which the member is compensated, by the agency     |
  |                                                                       |
19|the member serves;                                                     |
  |                                                                       |
20|    14.  "Personal injury" or "injury" means any traumatic injury as   |
  |                                                                       |
21|well as diseases which are caused by or result from such an injury,    |
  |                                                                       |
22|but not occupational diseases;                                         |
  |                                                                       |
23|    15.  "Catastrophic nature" means consequences of an injury that    |
  |                                                                       |
24|permanently prevent an individual from performing any gainful work;    |
  |                                                                       |
   Req. No. 11479                                                  Page 20
___________________________________________________________________________

 1|    16.  "Traumatic injury" means a wound or a condition of the body   |
  |                                                                       |
 2|caused by external force, including injuries inflicted by bullets,     |
  |                                                                       |
 3|explosives, sharp instruments, blunt objects or other physical         |
  |                                                                       |
 4|blows, chemicals, electricity, climatic conditions, infectious         |
  |                                                                       |
 5|diseases, radiation, and bacteria, but excluding stress and strain;    |
  |                                                                       |
 6|and                                                                    |
  |                                                                       |
 7|    17.  "Beneficiary" means the individual designated by the member   |
  |                                                                       |
 8|on a beneficiary designation form supplied by the Oklahoma Law         |
  |                                                                       |
 9|Enforcement Retirement System, or if there is no designated            |
  |                                                                       |
10|beneficiary or if the designated beneficiary predeceases the member,   |
  |                                                                       |
11|the estate of the member.  If the member's spouse is not designated    |
  |                                                                       |
12|as the sole primary beneficiary, the member's spouse must sign a       |
  |                                                                       |
13|consent.                                                               |
  |                                                                       |
14|    SECTION 3.     AMENDATORY     47 O.S. 2011, Section 2-304, as      |
  |                                                                       |
15|amended by Section 1, Chapter 307, O.S.L. 2012 (47 O.S. Supp. 2019,    |
  |                                                                       |
16|Section 2-304), is amended to read as follows:                         |
  |                                                                       |
17|    Section 2-304.  A.  The Except as otherwise provided by            |
  |                                                                       |
18|subsection D of this section, the Department of Public Safety, the     |
  |                                                                       |
19|Oklahoma State Bureau of Investigation, the Oklahoma State Bureau of   |
  |                                                                       |
20|Narcotics and Dangerous Drugs Control, the Alcoholic Beverage          |
  |                                                                       |
21|Control Board, the Oklahoma Tourism and Recreation Department and      |
  |                                                                       |
22|the State Board of Pharmacy shall make contributions to the fund as    |
  |                                                                       |
23|follows:                                                               |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 11479                                                  Page 21
___________________________________________________________________________

 1|    The Department of Public Safety, Oklahoma State Bureau of          |
  |                                                                       |
 2|Investigation, Oklahoma State Bureau of Narcotics and Dangerous        |
  |                                                                       |
 3|Drugs Control, the Alcoholic Beverage Control Board, the Oklahoma      |
  |                                                                       |
 4|Tourism and Recreation Department and the State Board of Pharmacy      |
  |                                                                       |
 5|shall contribute to the fund an amount equal to eleven percent (11%)   |
  |                                                                       |
 6|of the actual paid base salary of each member.                         |
  |                                                                       |
 7|    B.  Each Except as otherwise provided by subsection D of this      |
  |                                                                       |
 8|section, each member of the System shall make contributions to the     |
  |                                                                       |
 9|fund in an amount equal to eight percent (8%) of the actual paid       |
  |                                                                       |
10|base salary of the member.                                             |
  |                                                                       |
11|    Member contributions shall be deducted by each participating       |
  |                                                                       |
12|employer for such benefits as the Board is by law authorized to        |
  |                                                                       |
13|administer and shall be remitted monthly, or as the Board may          |
  |                                                                       |
14|otherwise provide, for deposit in the fund.                            |
  |                                                                       |
15|    C.  Each employer shall pick up under the provisions of Section    |
  |                                                                       |
16|414(h)(2) of the Internal Revenue Code of 1986 and pay the             |
  |                                                                       |
17|contribution which the member is required by law to make to the        |
  |                                                                       |
18|System for all compensation earned after December 31, 1989.            |
  |                                                                       |
19|Although the contributions so picked up are designated as member       |
  |                                                                       |
20|contributions, such contributions shall be treated as contributions    |
  |                                                                       |
21|being paid by the employer in lieu of contributions by the member in   |
  |                                                                       |
22|determining tax treatment under the Internal Revenue Code of 1986      |
  |                                                                       |
23|and such picked up contributions shall not be includable in the        |
  |                                                                       |
24|gross income of the member until such amounts are distributed or       |
  |                                                                       |
   Req. No. 11479                                                  Page 22
___________________________________________________________________________

 1|made available to the member or the beneficiary of the member.  The    |
  |                                                                       |
 2|member, by the terms of this System, shall not have any option to      |
  |                                                                       |
 3|choose to receive the contributions so picked up directly and the      |
  |                                                                       |
 4|picked up contributions must be paid by the employer to the System.    |
  |                                                                       |
 5|    Member contributions which are picked up shall be treated in the   |
  |                                                                       |
 6|same manner and to the same extent as member contributions made        |
  |                                                                       |
 7|prior to the date on which member contributions were picked up by      |
  |                                                                       |
 8|the participating employer.  Member contributions so picked up shall   |
  |                                                                       |
 9|be included in gross salary for purposes of determining benefits and   |
  |                                                                       |
10|contributions under the System.                                        |
  |                                                                       |
11|    The employer shall pay the member contributions from the same      |
  |                                                                       |
12|source of funds used in paying salary to the member, by effecting an   |
  |                                                                       |
13|equal cash reduction in gross salary of the member.                    |
  |                                                                       |
14|    D.  With respect to the members of the System who make the         |
  |                                                                       |
15|election to participate in the Oklahoma Law Enforcement Retirement     |
  |                                                                       |
16|System as provided by Section 5 of this act, the employer              |
  |                                                                       |
17|contribution shall be eleven and two-tenths percent (11.2%) and the    |
  |                                                                       |
18|employee contribution shall be eight percent (8%).                     |
  |                                                                       |
19|    SECTION 4.     AMENDATORY     47 O.S. 2011, Section 2-314, is      |
  |                                                                       |
20|amended to read as follows:                                            |
  |                                                                       |
21|    Section 2-314.  A.  The Board of Regents of the University of      |
  |                                                                       |
22|Oklahoma and/or the Board of Regents for the Oklahoma Agricultural     |
  |                                                                       |
23|and Mechanical Colleges may make an irrevocable written election for   |
  |                                                                       |
24|the University of Oklahoma and/or Oklahoma State University to         |
  |                                                                       |
   Req. No. 11479                                                  Page 23
___________________________________________________________________________

 1|become participating employers in the Oklahoma Law Enforcement         |
  |                                                                       |
 2|Retirement System for police officers who are CLEET-certified and      |
  |                                                                       |
 3|employed by the University of Oklahoma and/or Oklahoma State           |
  |                                                                       |
 4|University.  The Board of Regents of the University of Oklahoma        |
  |                                                                       |
 5|and/or the Board of Regents for the Oklahoma Agricultural and          |
  |                                                                       |
 6|Mechanical Colleges shall send written notice of the election to the   |
  |                                                                       |
 7|Oklahoma Law Enforcement Retirement System.                            |
  |                                                                       |
 8|    B.  Beginning the following month after the System receives the    |
  |                                                                       |
 9|written notice, the University of Oklahoma and/or Oklahoma State       |
  |                                                                       |
10|University and all active police officers who are CLEET-certified      |
  |                                                                       |
11|and hired on or after the date of the election shall participate in    |
  |                                                                       |
12|and make contributions to the System as other participating            |
  |                                                                       |
13|employers and members of the System.                                   |
  |                                                                       |
14|    C.  Upon election by the Board, pursuant to subsection A of this   |
  |                                                                       |
15|section, active CLEET-certified police employed prior to the date of   |
  |                                                                       |
16|the election and who were participating in the Teachers' Retirement    |
  |                                                                       |
17|System of Oklahoma, may, within three (3) months of the date of the    |
  |                                                                       |
18|election, make an irrevocable written election to participate in the   |
  |                                                                       |
19|Oklahoma Law Enforcement Retirement System and file the written        |
  |                                                                       |
20|election with the Teachers' Retirement System of Oklahoma and the      |
  |                                                                       |
21|Oklahoma Law Enforcement Retirement System.  Such police officers      |
  |                                                                       |
22|who make the election to transfer shall be transferred to the          |
  |                                                                       |
23|Oklahoma Law Enforcement Retirement System subject to the following:   |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 11479                                                  Page 24
___________________________________________________________________________

 1|    1.  Upon the date of election of the police officer, the police    |
  |                                                                       |
 2|officer shall cease accruing benefits in the Teachers' Retirement      |
  |                                                                       |
 3|System of Oklahoma and shall commence accruing benefits in the         |
  |                                                                       |
 4|Oklahoma Law Enforcement Retirement System;                            |
  |                                                                       |
 5|    2.  Prior to the beginning of the month following receipt of the   |
  |                                                                       |
 6|police officers' election by Teachers' Retirement System of            |
  |                                                                       |
 7|Oklahoma, the Teachers' Retirement System of Oklahoma shall transfer   |
  |                                                                       |
 8|to the Oklahoma Law Enforcement Retirement System all employee         |
  |                                                                       |
 9|contributions and employer contributions plus accrued interest.  The   |
  |                                                                       |
10|Teachers' Retirement System of Oklahoma shall also send to the         |
  |                                                                       |
11|Oklahoma Law Enforcement Retirement System the retirement records of   |
  |                                                                       |
12|the transferring police officer;                                       |
  |                                                                       |
13|    3.  To receive service credit accrued by such police officer       |
  |                                                                       |
14|prior to the election, or prior to the date as of which the person     |
  |                                                                       |
15|making the election ceases to be a member of the Teachers'             |
  |                                                                       |
16|Retirement System of Oklahoma, whichever date occurs last, the         |
  |                                                                       |
17|member shall pay the difference between the amount transferred by      |
  |                                                                       |
18|the Teachers' Retirement System of Oklahoma to the Oklahoma Law        |
  |                                                                       |
19|Enforcement Retirement System in paragraph 2 of this subsection and    |
  |                                                                       |
20|the amount determined by the Board of Trustees pursuant to Section     |
  |                                                                       |
21|2-307.5 of Title 47 of the Oklahoma Statutes.  The police officer      |
  |                                                                       |
22|shall elect to either pay any difference to receive full credit for    |
  |                                                                       |
23|the years sought to be transferred or receive prorated service         |
  |                                                                       |
24|credit for only the amount received from the Teachers' Retirement      |
  |                                                                       |
   Req. No. 11479                                                  Page 25
___________________________________________________________________________

 1|System of Oklahoma pursuant to this subsection.  Payments made by      |
  |                                                                       |
 2|electing police officers pursuant to this paragraph shall be made      |
  |                                                                       |
 3|pursuant to subsection B of Section 2-307.5 of Title 47 of the         |
  |                                                                       |
 4|Oklahoma Statutes;                                                     |
  |                                                                       |
 5|    4.  Service credit accrued by a police officer while a member of   |
  |                                                                       |
 6|the Teachers' Retirement System of Oklahoma shall be treated as        |
  |                                                                       |
 7|credited service for such transferring police officer in the           |
  |                                                                       |
 8|Teachers' Retirement System of Oklahoma if the police officer is not   |
  |                                                                       |
 9|receiving or eligible to receive service credit or benefits from       |
  |                                                                       |
10|said service in any other public retirement system and the member      |
  |                                                                       |
11|has not received service credit for the same years of service          |
  |                                                                       |
12|pursuant to Sections 2-307.1, 2-307.3 and 2-307.4 of Title 47 of the   |
  |                                                                       |
13|Oklahoma Statutes.  Provided further, that only transferred credited   |
  |                                                                       |
14|service related to police service with the University of Oklahoma or   |
  |                                                                       |
15|Oklahoma State University shall be included in the determination of    |
  |                                                                       |
16|a police officer's normal retirement date or vesting date; and         |
  |                                                                       |
17|    5.  All service credit with the Teachers' Retirement System of     |
  |                                                                       |
18|Oklahoma which is ineligible for transfer to the Oklahoma Law          |
  |                                                                       |
19|Enforcement Retirement System shall be canceled.                       |
  |                                                                       |
20|    D.  Upon election by the Board, pursuant to subsection A of this   |
  |                                                                       |
21|section, active CLEET-certified police officers employed prior to      |
  |                                                                       |
22|the date of the election and who were not participating in the         |
  |                                                                       |
23|Teachers' Retirement System of Oklahoma, may, within three (3)         |
  |                                                                       |
24|months of the date of the election, make an irrevocable written        |
  |                                                                       |
   Req. No. 11479                                                  Page 26
___________________________________________________________________________

 1|election to participate in the Oklahoma Law Enforcement Retirement     |
  |                                                                       |
 2|System and file the written election with the Oklahoma Law             |
  |                                                                       |
 3|Enforcement Retirement System.  Beginning the following month after    |
  |                                                                       |
 4|the System for such police officers receives the police officer's      |
  |                                                                       |
 5|written election, the University of Oklahoma and/or Oklahoma State     |
  |                                                                       |
 6|University and the electing police officer shall participate and       |
  |                                                                       |
 7|make contributions to the System as other participating employers      |
  |                                                                       |
 8|and members of the System.                                             |
  |                                                                       |
 9|    E.  The provisions of this section shall not be modified           |
  |                                                                       |
10|pursuant to the provisions of Section 5 of this act and any            |
  |                                                                       |
11|elections made pursuant to the provisions of this section shall        |
  |                                                                       |
12|continue in full force and effect.                                     |
  |                                                                       |
13|    SECTION 5.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
14|in the Oklahoma Statutes as Section 2-314.1 of Title 47, unless        |
  |                                                                       |
15|there is created a duplication in numbering, reads as follows:         |
  |                                                                       |
16|    A.  The Board of Regents for an Oklahoma public institution of     |
  |                                                                       |
17|higher education may make an irrevocable written election for each     |
  |                                                                       |
18|such Oklahoma institution of higher education which is subject to      |
  |                                                                       |
19|the governing authority of its Board of Regents to become a            |
  |                                                                       |
20|participating employer in the Oklahoma Law Enforcement Retirement      |
  |                                                                       |
21|System for police officers who are CLEET-certified and employed by     |
  |                                                                       |
22|the Oklahoma institution of higher education with respect to which     |
  |                                                                       |
23|the irrevocable election is made.  The Board of Regents shall send     |
  |                                                                       |
24|written notice of the election to the Oklahoma Law Enforcement         |
  |                                                                       |
   Req. No. 11479                                                  Page 27
___________________________________________________________________________

 1|Retirement System for each institution with respect to which an        |
  |                                                                       |
 2|irrevocable election is made.                                          |
  |                                                                       |
 3|    B.  Beginning the following month after the System receives the    |
  |                                                                       |
 4|written notice, the Oklahoma institution of higher education and,      |
  |                                                                       |
 5|subject to the election made by each police officer pursuant to        |
  |                                                                       |
 6|subsection C of this section, all active police officers who are       |
  |                                                                       |
 7|CLEET-certified as of the date of the election and all police          |
  |                                                                       |
 8|officers who are CLEET-certified who are hired on or after the date    |
  |                                                                       |
 9|of the election shall participate in and make contributions to the     |
  |                                                                       |
10|System as other participating employers and members of the System.     |
  |                                                                       |
11|    C.  Upon election by the Board of Regents, pursuant to             |
  |                                                                       |
12|subsection A of this section, active CLEET-certified police officers   |
  |                                                                       |
13|employed prior to the date of the election and who were                |
  |                                                                       |
14|participating in the Teachers' Retirement System of Oklahoma, may,     |
  |                                                                       |
15|within three (3) months of the date of the irrevocable election made   |
  |                                                                       |
16|for the applicable institution, make an irrevocable individual         |
  |                                                                       |
17|written election to participate in the Oklahoma Law Enforcement        |
  |                                                                       |
18|Retirement System and file the written election with the Teachers'     |
  |                                                                       |
19|Retirement System of Oklahoma and the Oklahoma Law Enforcement         |
  |                                                                       |
20|Retirement System.  Such police officers who make the election to      |
  |                                                                       |
21|transfer shall be transferred to the Oklahoma Law Enforcement          |
  |                                                                       |
22|Retirement System subject to the following:                            |
  |                                                                       |
23|    1.  Upon the date of election of the police officer, the police    |
  |                                                                       |
24|officer shall cease accruing benefits in the Teachers' Retirement      |
  |                                                                       |
   Req. No. 11479                                                  Page 28
___________________________________________________________________________

 1|System of Oklahoma and shall commence accruing benefits in the         |
  |                                                                       |
 2|Oklahoma Law Enforcement Retirement System;                            |
  |                                                                       |
 3|    2.  Prior to the beginning of the month following receipt of the   |
  |                                                                       |
 4|police officers' election by the Teachers' Retirement System of        |
  |                                                                       |
 5|Oklahoma, the Teachers' Retirement System of Oklahoma shall transfer   |
  |                                                                       |
 6|to the Oklahoma Law Enforcement Retirement System all employee         |
  |                                                                       |
 7|contributions and employer contributions plus accrued interest.  The   |
  |                                                                       |
 8|Teachers' Retirement System of Oklahoma shall also send to the         |
  |                                                                       |
 9|Oklahoma Law Enforcement Retirement System the retirement records of   |
  |                                                                       |
10|the transferring police officer;                                       |
  |                                                                       |
11|    3.  To receive service credit accrued by such police officer in    |
  |                                                                       |
12|the Teachers' Retirement System prior to the individual election       |
  |                                                                       |
13|made by the police officer, or prior to the date as of which the       |
  |                                                                       |
14|person making the election ceases to be a member of the Teachers'      |
  |                                                                       |
15|Retirement System of Oklahoma, whichever date occurs last, the         |
  |                                                                       |
16|police officer shall pay the difference between the amount             |
  |                                                                       |
17|transferred by the Teachers' Retirement System of Oklahoma to the      |
  |                                                                       |
18|Oklahoma Law Enforcement Retirement System in paragraph 2 of this      |
  |                                                                       |
19|subsection and the amount determined by the Board of Trustees of the   |
  |                                                                       |
20|Oklahoma Law Enforcement Retirement System pursuant to Section         |
  |                                                                       |
21|2-307.5 of Title 47 of the Oklahoma Statutes.  The police officer      |
  |                                                                       |
22|shall elect to either pay any difference to receive full credit for    |
  |                                                                       |
23|the years sought to be transferred or receive prorated service         |
  |                                                                       |
24|credit for only the amount received from the Teachers' Retirement      |
  |                                                                       |
   Req. No. 11479                                                  Page 29
___________________________________________________________________________

 1|System of Oklahoma pursuant to this subsection.  Payments made by      |
  |                                                                       |
 2|electing police officers pursuant to this paragraph shall be made      |
  |                                                                       |
 3|pursuant to subsection B of Section 2-307.5 of Title 47 of the         |
  |                                                                       |
 4|Oklahoma Statutes;                                                     |
  |                                                                       |
 5|    4.  Service credit accrued by a police officer while a member of   |
  |                                                                       |
 6|the Teachers' Retirement System of Oklahoma shall be treated as        |
  |                                                                       |
 7|credited service for such transferring police officer in the           |
  |                                                                       |
 8|Teachers' Retirement System of Oklahoma if the police officer is not   |
  |                                                                       |
 9|receiving or eligible to receive service credit or benefits from       |
  |                                                                       |
10|said service in any other public retirement system and the member      |
  |                                                                       |
11|has not received service credit for the same years of service          |
  |                                                                       |
12|pursuant to Sections 2-307.1, 2-307.3 and 2-307.4 of Title 47 of the   |
  |                                                                       |
13|Oklahoma Statutes.  Provided further, that only transferred credited   |
  |                                                                       |
14|service related to police service with the applicable institution      |
  |                                                                       |
15|within The Oklahoma State System of Higher Education shall be          |
  |                                                                       |
16|included in the determination of a police officer's normal             |
  |                                                                       |
17|retirement date or vesting date; and                                   |
  |                                                                       |
18|    5.  All service credit with the Teachers' Retirement System of     |
  |                                                                       |
19|Oklahoma which is ineligible for transfer to the Oklahoma Law          |
  |                                                                       |
20|Enforcement Retirement System shall be canceled.                       |
  |                                                                       |
21|    D.  Upon election by the Board of Regents for the applicable       |
  |                                                                       |
22|institution within The Oklahoma State System of Higher Education,      |
  |                                                                       |
23|pursuant to subsection A of this section, active CLEET-certified       |
  |                                                                       |
24|police officers employed prior to the date of the election and who     |
  |                                                                       |
   Req. No. 11479                                                  Page 30
___________________________________________________________________________

 1|were not participating in the Teachers' Retirement System of           |
  |                                                                       |
 2|Oklahoma, may, within three (3) months of the date of the election,    |
  |                                                                       |
 3|make an irrevocable written election to participate in the Oklahoma    |
  |                                                                       |
 4|Law Enforcement Retirement System and file the written election with   |
  |                                                                       |
 5|the Oklahoma Law Enforcement Retirement System.  Beginning the         |
  |                                                                       |
 6|following month after the System receives the police officer's         |
  |                                                                       |
 7|individual written election, the institution making this election      |
  |                                                                       |
 8|and the electing police officer shall participate and make             |
  |                                                                       |
 9|contributions to the System as other participating employers and       |
  |                                                                       |
10|members of the System.                                                 |
  |                                                                       |
11|    SECTION 6.  Section 1 of this act shall become effective October   |
  |                                                                       |
12|1, 2020.                                                               |
  |                                                                       |
13|    SECTION 7.  Sections 2 through 5 of this act shall become          |
  |                                                                       |
14|effective November 1, 2020.                                            |
  |                                                                       |
15|                                                                       |
  |                                                                       |
16|    57-2-11479     MAH    02/26/20                                     |
  |                                                                       |
17|                                                                       |
  |                                                                       |
18|                                                                       |
  |                                                                       |
19|                                                                       |
  |                                                                       |
20|                                                                       |
  |                                                                       |
21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 11479                                                  Page 31
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