RBS No. 481
1 STATE OF OKLAHOMA
1
2 1st Session of the 59th Legislature (2023)
2
3 SENATE BILL 631 By: Montgomery
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to the Oklahoma Law Enforcement
7 Retirement System; amending 47 O.S. 2021, Section 2-
8 305, as amended by Section 2, Chapter 255, O.S.L.
8 2022 (47 O.S. Supp. 2022, Section 2-305), which
9 relates to retirement and retirement pay; and
9 reinstating certain annual retirement pay for certain
10 members.
10
11
11
12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
12
13 SECTION 1. AMENDATORY 47 O.S. 2021, Section 2-305, as
13
14 amended by Section 2, Chapter 255, O.S.L. 2022 (47 O.S. Supp. 2022,
14
15 Section 2-305), is amended to read as follows:
15
16 Section 2-305. A. Except as otherwise provided in this title,
16
17 at any time after attaining normal retirement date, any member of
17
18 the Oklahoma Law Enforcement Retirement System upon application for
18
19 unreduced retirement benefits made and approved, may retire, and,
19
20 during the remainder of the member’s lifetime, receive annual
20
21 retirement pay, payable in equal monthly payments, equal to two and
21
22 one-half percent (2 1/2%) of the final average salary times years of
22
23 credited service. If such retired member is reemployed by a state
23
24 agency in a position which is not covered by the System, such
24
Req. No. 481 Page 1
 RBS No. 481
1 retired member shall continue to receive in-service distributions
1
2 from the System. Prior to September 19, 2002, if such retired
2
3 member was reemployed by a state agency in a position which is
3
4 covered by the System, such member shall continue to receive in-
4
5 service distributions from the System and shall not accrue any
5
6 further credited service. If such a member is reemployed by a state
6
7 agency in a position which is covered by the System on or after
7
8 September 19, 2002, such member’s monthly retirement payments shall
8
9 be suspended until such member retires and is not reemployed by a
9
10 state agency in a position which is covered by the System.
10
11 B. Beginning July 1, 1994, members who retired or were eligible
11
12 to retire prior to July 1, 1980, or their surviving spouses shall
12
13 receive annual retirement pay, payable in equal monthly payments,
13
14 equal to the greater of their current retirement pay, or two and
14
15 one-half percent (2 1/2%) of the actual paid gross salary being
15
16 currently paid to a highway patrol officer, at the time each such
16
17 monthly retirement payment is made, multiplied by the retired
17
18 member’s years of credited service.
18
19 C. Except as otherwise provided by this subsection, members of
19
20 the System whose salary is set by statute who have retired after
20
21 completion of the mandatory twenty (20) years of service, and those
21
22 members with statutory salaries who retire after reaching the
22
23 mandatory twenty-year retirement shall receive an annual retirement
23
24
24
Req. No. 481 Page 2
 RBS No. 481
1 pay, payable in equal monthly installments, based upon the greater
1
2 of either:
2
3 1. The top base salary currently paid to the highest
3
4 nonsupervisory position in the participating agency at the time each
4
5 such monthly retirement payment is made, limited to the annual
5
6 salary limit of the Economic Growth and Tax Relief Reconciliation
6
7 Act of 2001, as described in paragraph 9 of Section 2-300 of this
7
8 title, multiplied by two and one-half percent (2 1/2%) multiplied by
8
9 the number of years of credited service and fraction thereof for the
9
10 following positions:
10
11 a. Oklahoma Highway Patrolman,
11
12 b. Communications Dispatcher,
12
13 c. Capitol Patrolman,
13
14 d. Lake Patrolman, and
14
15 e. Oklahoma State Bureau of Investigation - Special Agent
15
16 or Criminalist; or
16
17 2. The member’s final average salary as set forth in paragraph
17
18 9 of Section 2-300 of this title, multiplied by two and one-half
18
19 percent (2 1/2%), and multiplied by the number of years of credited
19
20 service and fraction thereof.
20
21 No member of the System retired prior to July 1, 2002, shall
21
22 receive a benefit less than the amount the member is receiving as of
22
23 June 30, 2002.
23
24
24
Req. No. 481 Page 3
 RBS No. 481
1 The provisions of paragraph 1 of this subsection shall not be
1
2 applicable to any member whose first participating service with the
2
3 System occurs on or after November 1, 2012, except for those members
3
4 who died in the performance of their duties pursuant to Section 2-
4
5 306 of this title.
5
6 D. Other members of the System whose retirement benefit is not
6
7 otherwise prescribed by this section who have retired after
7
8 completion of the mandatory twenty (20) years of service, and those
8
9 members who retire after reaching the mandatory twenty-year
9
10 retirement shall receive an annual retirement pay, payable in equal
10
11 monthly payments, based upon the greater of either:
11
12 1. The actual average salary currently paid to the highest
12
13 nonsupervisory position in the participating agency at the time each
13
14 such monthly payment is made, limited to the annual salary limit of
14
15 the Economic Growth and Tax Relief Reconciliation Act of 2001, as
15
16 described in paragraph 9 of Section 2-300 of this title, multiplied
16
17 by two and one-half percent (2 1/2%), multiplied by the number of
17
18 years of credited service and fraction thereof for the following
18
19 positions:
19
20 a. Alcoholic Beverage Laws Enforcement Commission - ABLE
20
21 Commission Agent III,
21
22 b. Oklahoma State Bureau of Narcotics and Dangerous Drugs
22
23 Control - Narcotics Agent III,
23
24
24
Req. No. 481 Page 4
 RBS No. 481
1 c. Oklahoma Tourism and Recreation Department - Park
1
2 Ranger II,
2
3 d. State Board of Pharmacy - Pharmacy Inspector,
3
4 e. University of Oklahoma - Police Officer, and
4
5 f. Oklahoma State University - Police Officer; or
5
6 2. The other member’s final average salary as set forth in
6
7 paragraph 9 of Section 2-300 of this title, multiplied by two and
7
8 one-half percent (2 1/2%), multiplied by the number of years of
8
9 credited service and fraction thereof.
9
10 No member of the System retired prior to July 1, 2002, shall
10
11 receive a benefit less than the amount the member is receiving as of
11
12 June 30, 2002. The participating employer must certify to the
12
13 System in writing the actual average gross salary currently paid to
13
14 the highest nonsupervisory position. The Board of Trustees shall
14
15 promulgate such rules as are necessary to implement the provisions
15
16 of this section.
16
17 The provisions of paragraph 1 of this subsection shall not be
17
18 applicable to any member whose first participating service with the
18
19 System occurs on or after May 24, 2013, except for those members who
19
20 died in the performance of their duties pursuant to Section 2-306 of
20
21 this title.
21
22 E. A member who meets the definition of disability as defined
22
23 in paragraph 11 of Section 2-300 of this title by direct reason of
23
24
24
Req. No. 481 Page 5
 RBS No. 481
1 the performance of the member’s duties as an officer shall receive a
1
2 monthly benefit equal to:
2
3 1. Two and one-half percent (2 1/2%);
3
4 2. Multiplied by:
4
5 a. twenty (20) years of credited service, if the member
5
6 had performed less than twenty (20) years of credited
6
7 service, notwithstanding the actual number of years of
7
8 credited service performed by the member prior to the
8
9 date of disability, or
9
10 b. the actual number of years of credited service and
10
11 fraction thereof performed by the member prior to the
11
12 date of disability, if the member had performed twenty
12
13 (20) or more years of credited service;
13
14 3. Multiplied by the greater of subparagraph a of this
14
15 paragraph and division 1 of subparagraph b of this paragraph or
15
16 division 2 of subparagraph b of this paragraph, as applicable:
16
17 a. the final average salary of the member, as set forth
17
18 in paragraph 9 of Section 2-300 of this title, and
18
19 b. (1) the top base salary currently paid to the highest
19
20 nonsupervisory position in the participating
20
21 agency of the member at the time each monthly
21
22 payment is made, limited to the annual salary
22
23 limit of the Economic Growth and Tax Relief
23
24 Reconciliation Act of 2001 described in paragraph
24
Req. No. 481 Page 6
 RBS No. 481
1 9 of Section 2-300 of this title, for the
1
2 following positions:
2
3 (a) Oklahoma Highway Patrolman,
3
4 (b) Communications Dispatcher,
4
5 (c) Capitol Patrolman,
5
6 (d) Lake Patrolman, and
6
7 (e) Oklahoma State Bureau of Investigation -
7
8 Special Agent or Criminalist,
8
9 Provided, the participating employer must certify to
9
10 the System in writing the top base salary
10
11 currently paid to the highest nonsupervisory
11
12 position for division (1) of subparagraph b of
12
13 this paragraph, or
13
14 (2) the actual average salary currently paid to the
14
15 highest nonsupervisory position in the
15
16 participating agency of the member at the time
16
17 each monthly payment is made, limited to the
17
18 annual salary limit of the Economic Growth and
18
19 Tax Relief Reconciliation Act of 2001, described
19
20 in paragraph 9 of Section 2-300 of this title,
20
21 for the following positions:
21
22 (a) Alcoholic Beverage Laws Enforcement (ABLE)
22
23 Commission - ABLE Commission Agent III,
23
24
24
Req. No. 481 Page 7
 RBS No. 481
1 (b) Oklahoma State Bureau of Narcotics and
1
2 Dangerous Drugs Control - Narcotics Agent
2
3 III,
3
4 (c) Oklahoma Tourism and Recreation Department -
4
5 Park Ranger II,
5
6 (d) State Board of Pharmacy - Pharmacy
6
7 Inspector,
7
8 (e) University of Oklahoma - Police Officer, and
8
9 (f) Oklahoma State University - Police Officer,
9
10 Provided, the participating employer must certify to the System
10
11 in writing the actual average gross salary currently paid to the
11
12 highest nonsupervisory position for division (2) of subparagraph b
12
13 of this paragraph;
13
14 4. No member of the System receiving benefits prescribed by
14
15 this subsection who retired prior to July 1, 2002, shall receive a
15
16 benefit of less than the amount the member was receiving as of June
16
17 30, 2002;
17
18 5. The Board of Trustees shall promulgate rules as necessary to
18
19 implement the provisions of this subsection; and
19
20 6. If such member participates in the Oklahoma Law Enforcement
20
21 Deferred Option Plan pursuant to Section 2-305.2 of this title, then
21
22 such member’s disability pension provided pursuant to this
22
23 subsection shall be reduced to account for such member’s
23
24 participation in the Oklahoma Law Enforcement Deferred Option Plan.
24
Req. No. 481 Page 8
 RBS No. 481
1 F. A member who meets the definition of disability as defined
1
2 in paragraph 11 of Section 2-300 of this title and whose disability
2
3 is by means of personal and traumatic injury of a catastrophic
3
4 nature and in the line of duty, shall receive a monthly benefit
4
5 equal to:
5
6 1. Two and one-half percent (2 1/2%);
6
7 2. Multiplied by:
7
8 a. twenty (20) years of service, regardless of the actual
8
9 number of years of credited service performed by the
9
10 member prior to the date of disability, if the member
10
11 had performed less than twenty (20) years of service,
11
12 or
12
13 b. the actual number of years of service performed by the
13
14 member if the member had performed twenty (20) or more
14
15 years of service;
15
16 3. Multiplied by a final average salary equal to:
16
17 a. the salary which the member would have received
17
18 pursuant to statutory salary schedules in effect upon
18
19 the date of the disability for twenty (20) years of
19
20 service prior to disability. The final average salary
20
21 for a member who performed less than twenty (20) years
21
22 of service prior to disability shall be computed
22
23 assuming that the member was paid the highest salary
23
24 allowable pursuant to the law in effect at the time of
24
Req. No. 481 Page 9
 RBS No. 481
1 the member’s disability based upon twenty (20) years
1
2 of service and with an assumption that the member was
2
3 eligible for any and all increases in pay based upon
3
4 rank during the entire period. If the salary of a
4
5 member is not prescribed by a specific salary schedule
5
6 upon the date of the member’s disability, the final
6
7 average salary for the member shall be computed by the
7
8 member’s actual final average salary or the highest
8
9 median salary amount for a member whose salary was
9
10 prescribed by a specific salary schedule upon the date
10
11 of the member’s disability, whichever final average
11
12 salary amount would be greater, or
12
13 b. the actual final average salary of the member if the
13
14 member had performed twenty (20) or more years of
14
15 service prior to disability.
15
16 If such member participates in the Oklahoma Law Enforcement
16
17 Deferred Option Plan pursuant to Section 2-305.2 of this title, such
17
18 member’s disability pension provided pursuant to this subsection
18
19 shall be adjusted as provided in Section 2-305.2 of this title to
19
20 account for such member’s participation in the Oklaho