Bill Text For HB2304 - Proposed Committee Substitute

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 57th Legislature (2019)                |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 4|HOUSE BILL NO. 2304                  By: Frix, Luttrell, Kerbs,        |
  |                                         Branham, Kannady, May,        |
 5|                                         Dunnington, Munson, Conley,   |
  |                                         Meredith, Rosecrants,         |
 6|                                         Dollens, Perryman, Loring,    |
  |                                         Ranson, West (Tammy),         |
 7|                                         Fetgatter, Baker, Fugate,     |
  |                                         Humphrey, Sneed, Pae,         |
 8|                                         Tadlock, Nollan, Manger,      |
  |                                         Albright, Lawson, Goodwin,    |
 9|                                         West (Josh), Moore, Roberts   |
  |                                         (Sean), Mize, Hill and        |
10|                                         McBride of the House          |
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11|                                         and                           |
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12|                                         Pemberton, Rosino,            |
  |                                         Pederson, Dugger, Hall,       |
13|                                         Scott, Stanley, Kidd,         |
  |                                         Weaver, Boggs, Hicks and      |
14|                                         Silk of the Senate            |
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17|                        COMMITTEE SUBSTITUTE                           |
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18|       An Act relating to public retirement systems;                   |
  |       authorizing benefit increase for certain retired                |
19|       members of the Oklahoma Firefighters Pension and                |
  |       Retirement System; providing for offset; authorizing            |
20|       benefit increase for certain retired members of the             |
  |       Oklahoma Police Pension and Retirement System;                  |
21|       providing for offset; authorizing retirement benefit            |
  |       increase for certain retired members of the Uniform             |
22|       Retirement System for Justices and Judges;                      |
  |       authorizing retirement benefit increase for certain             |
23|       retired members of the Oklahoma Law Enforcement                 |
  |       Retirement System; providing for offset; authorizing            |
24|       retirement benefit increase for certain retired                 |
  |       members of the Teachers' Retirement System of                   |
   Req. No. 2210                                                   Page 1
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 1|       Oklahoma; authorizing retirement benefit increase for           |
  |       certain retired members of the Oklahoma Public                  |
 2|       Employees Retirement System; and providing for                  |
  |       codification.                                                   |
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 5|                                                                       |
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 6|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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 7|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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 8|in the Oklahoma Statutes as Section 49-143.7 of Title 11, unless       |
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 9|there is created a duplication in numbering, reads as follows:         |
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10|    A.  Except as provided in subsection B of this section and         |
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11|except for persons receiving benefits pursuant to Section 49-101 of    |
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12|Title 11 of the Oklahoma Statutes, any person receiving benefits       |
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13|from the Oklahoma Firefighters Pension and Retirement System as of     |
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14|December 31, 2018, who continues to receive benefits on or after the   |
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15|effective date of this act shall receive a two-percent,                |
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16|cost-of-living-adjustment increase in calendar year 2020 and on such   |
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17|date as provided in Section 3111 of Title 62 of the Oklahoma           |
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18|Statutes.                                                              |
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19|    B.  Any increase in benefits a person is eligible to receive       |
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20|pursuant to subsection C of this section after June 30, 2018, shall    |
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21|be used to offset the increase in benefits provided in subsection A    |
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22|of this section.                                                       |
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23|    C.  Any person receiving a pension who became a member of the      |
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24|System prior to January 1, 1981, which was based upon a percentage     |
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   Req. No. 2210                                                   Page 2
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 1|of the average salary paid to him or her during the last thirty (30)   |
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 2|or sixty (60) months of his or her service, shall have such pension,   |
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 3|or the pension of his or her surviving spouse, increased or            |
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 4|decreased by one-half (1/2) of all increases or decreases which        |
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 5|shall occur in the salary of the regular firefighters in the           |
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 6|municipality from which the person is receiving a pension; provided,   |
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 7|that the pension shall never be reduced below the original pension     |
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 8|paid to such person for that purpose.  For the purposes of this        |
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 9|subsection, the term "regular firefighters" means salaried             |
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10|firefighters who have reached their maximum salary as "privates" in    |
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11|their departments and have not been promoted to a position of rank.    |
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12|It shall be a violation of this subsection to establish a special      |
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13|classification for the purpose of evading the intent of this           |
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14|subsection.                                                            |
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15|    D.  On the effective date of this act, any persons receiving       |
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16|benefits pursuant to Section 49-101 of Title 11 of the Oklahoma        |
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17|Statutes shall each receive a benefit equal to Seven Dollars and       |
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18|sixty-eight cents ($7.68) for each year of credited service not to     |
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19|exceed thirty (30) years of service.                                   |
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20|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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21|in the Oklahoma Statutes as Section 50-136.9 of Title 11, unless       |
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22|there is created a duplication in numbering, reads as follows:         |
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23|    A.  Except as provided in subsection B of this section, any        |
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24|person receiving benefits from the Oklahoma Police Pension and         |
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   Req. No. 2210                                                   Page 3
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 1|Retirement System as of December 31, 2018, who continues to receive    |
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 2|benefits on or after the effective date of this act, shall receive a   |
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 3|two-percent, cost-of-living-adjustment increase in calendar year       |
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 4|2020 and on such date as provided in Section 3111 of Title 62 of the   |
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 5|Oklahoma Statutes.                                                     |
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 6|    B.  Any increase in benefits a person is eligible to receive       |
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 7|pursuant to subsection C of this section after June 30, 2018, shall    |
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 8|be offset by the increase in benefits, if any, provided by this        |
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 9|section.                                                               |
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10|    C.  The pension of any member or beneficiary of any member whose   |
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11|membership began prior to January 1, 1981, shall upon the increase     |
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12|or decrease of the base salary of a regular police officer of a        |
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13|municipality be adjusted by one-third (1/3) of such increase or        |
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14|decrease, provided that no pension shall be less than one-third        |
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15|(1/3) of the base salary of a regular police officer, nor be reduced   |
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16|to an amount less than the pension at which the officer retired.       |
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17|    SECTION 3.     NEW LAW     A new section of law to be codified     |
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18|in the Oklahoma Statutes as Section 1104K of Title 20, unless there    |
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19|is created a duplication in numbering, reads as follows:               |
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20|    Any person receiving benefits from the Uniform Retirement System   |
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21|for Justices and Judges as of December 31, 2018, who continues to      |
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22|receive benefits on or after the effective date of this act, shall     |
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23|receive a two-percent, cost-of-living-adjustment increase in           |
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24|                                                                       |
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   Req. No. 2210                                                   Page 4
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 1|calendar year 2020 and on such date as provided in Section 3111 of     |
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 2|Title 62 of the Oklahoma Statutes.                                     |
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 3|    SECTION 4.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
 4|in the Oklahoma Statutes as Section 2-305.12 of Title 47, unless       |
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 5|there is created a duplication in numbering, reads as follows:         |
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 6|    A.  Except as provided in subsection B of this section, any        |
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 7|person receiving benefits from the Oklahoma Law Enforcement            |
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 8|Retirement System as of December 31, 2018, who continues to receive    |
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 9|benefits on or after the effective date of this act, shall receive a   |
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10|two-percent, cost-of-living-adjustment increase in calendar year       |
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11|2020 on such date as provided in Section 3111 of Title 62 of the       |
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12|Oklahoma Statutes.                                                     |
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13|    B.  Any increase in benefits a person is eligible to receive       |
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14|pursuant to subsection B, C or D of Section 2-305 of Title 47 of the   |
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15|Oklahoma Statutes, on or after the effective date of this act, shall   |
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16|be offset by the increase in benefits, if any, provided by this        |
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17|section.                                                               |
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18|    SECTION 5.     NEW LAW     A new section of law to be codified     |
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19|in the Oklahoma Statutes as Section 17-116.22 of Title 70, unless      |
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20|there is created a duplication in numbering, reads as follows:         |
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21|    A.  Any person receiving benefits from the Teachers' Retirement    |
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22|System of Oklahoma as of December 31, 2018, other than those           |
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23|benefits specified in subsection B of this section, who continues to   |
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24|receive benefits on or after the effective date of this act, shall     |
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   Req. No. 2210                                                   Page 5
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 1|receive a two-percent, cost-of-living-adjustment increase in           |
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 2|calendar year 2020 and on such date as provided in Section 3111 of     |
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 3|Title 62 of the Oklahoma Statutes.                                     |
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 4|    B.  Any person receiving benefits pursuant to subsection (3) of    |
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 5|Section 17-105 of Title 70 of the Oklahoma Statutes whose benefits     |
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 6|commenced prior to the effective date of this act, and who continues   |
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 7|to receive benefits on or after the effective date of this act,        |
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 8|shall receive a two-percent, cost-of-living-adjustment increase in     |
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 9|calendar year 2020 and on such date as provided in Section 3111 of     |
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10|Title 62 of the Oklahoma Statutes.                                     |
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11|    SECTION 6.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
12|in the Oklahoma Statutes as Section 930.11 of Title 74, unless there   |
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13|is created a duplication in numbering, reads as follows:               |
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14|    Any person receiving benefits from the Oklahoma Public Employees   |
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15|Retirement System as of December 31, 2018, who continues to receive    |
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16|benefits on or after the effective date of this act, shall receive a   |
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17|two-percent, cost-of-living-adjustment increase in calendar year       |
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18|2020 and on such date as provided in Section 3111 of Title 62 of the   |
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19|Oklahoma Statutes.                                                     |
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20|                                                                       |
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21|    57-1-2210      CB        4/10/2019 6:49:23 PM                      |
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   Req. No. 2210                                                   Page 6
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