RBS No. 1180
1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 1095 By: Green
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6 AS INTRODUCED
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7 An Act relating to Oklahoma Police Pension and
7 Retirement System; amending 11 O.S. 2021, Section 50-
8 112, which relates to eligibility for membership in
8 system; allowing municipalities under certain
9 population to hire certain retired police officers;
9 prohibiting further accrual for certain officers;
10 allowing for retirees of certain pension systems to
10 be hired as police officers under certain
11 circumstances without entrance into system; updating
11 statutory language; providing for codification; and
12 providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 11 O.S. 2021, Section 50-112, is
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16 amended to read as follows:
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17 Section 50-112. A. All persons employed as full-time duly
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18 appointed or elected officers who are paid for working more than
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19 twenty-five (25) hours per week or any person hired by a
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20 participating municipality who is undergoing police training to
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21 become a permanent police officer of the municipality shall
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22 participate in the Oklahoma Police Pension and Retirement System
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23 upon initial employment with a police department of a participating
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24 municipality. All such persons shall submit to a physical-medical
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1 examination pertaining to sight, hearing, agility and other
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2 conditions, the requirements of which shall be established by the
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3 State Board Oklahoma Police Pension and Retirement Board (“State
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4 Board”). The person shall be required to complete this physical-
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5 medical examination prior to the beginning of actual employment.
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6 This examination shall identify any preexisting conditions. Except
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7 as otherwise provided in this section, a police officer shall be not
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8 less than twenty-one (21) nor more than forty-five (45) years of age
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9 when accepted for membership in the System. However, if a
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10 municipality should be found to be in noncompliance with the
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11 provisions of Article 50 of this title, as determined by the State
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12 Board, then any current full-time active police officer employed by
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13 a municipality as of July 1, 2001, shall not be denied eligibility
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14 to participate in the Oklahoma Police Pension and Retirement System
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15 solely due to age. The State Board shall have authority to deny or
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16 revoke membership of any person submitting false information in such
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17 person’s membership application. The State Board shall have final
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18 authority in determining eligibility for membership in the System,
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19 pursuant to the provisions of this article.
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20 B. The police chief of any participating municipality may be
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21 exempt from membership in the System or may become a member provided
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22 the member is not a retired member and the requirements of this
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23 section are met at the time of employment.
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1 C. A member of the System who has attained his or her normal
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2 retirement date may, if the member so elects, agree to terminate
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3 employment and retire as a member of the System and make an election
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4 to receive distributions from the System. If a retired member is
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5 reemployed by a participating municipality in the position of police
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6 chief or in a position which is not covered by the System,
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7 retirement shall include receipt by such retired member of in-
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8 service distributions from the System.
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9 D. A former member of the System who terminates from covered
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10 employment and who has neither retired from the System nor entered
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11 the Oklahoma Police Deferred Option Plan and is later employed in a
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12 covered position with a participating municipality shall not be
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13 denied eligibility to become a member of the System because he or
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14 she is forty-five (45) years of age or older. If such member has
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15 withdrawn his or her contributions prior to re-entering the System
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16 and the member desires to receive credit for such prior service,
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17 then the member shall pay back such contributions and interest
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18 pursuant to Section 50-111.1 of this title.
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19 E. Notwithstanding any other provision of law to the contrary,
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20 a municipality that employs two (2) or fewer full-time police
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21 officers with a population of four thousand (4,000) or less,
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22 according to the latest Federal Decennial Census, may employ a
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23 police officer a retired police officer who is more than forty-five
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24 (45) years of age and who has never participated in the Oklahoma
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1 Police Pension and Retirement System, and are actively receiving
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2 retirement benefits. but such police officer A retired police
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3 officer employed under this subsection shall not be eligible to
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4 participate accrue further years of service in the System. Such
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5 police officer shall be counted in the limitation imposed by this
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6 subsection. Notwithstanding any other provisions of law, the State
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7 Board shall be granted access to information concerning a list of
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8 actively working police officers within the municipalities and
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9 agencies under the purview provided by the Council on Law
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10 Enforcement Education and Training.
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11 SECTION 2. NEW LAW A new section of law to be codified
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12 in the Oklahoma Statutes as Section 50-112.1 of Title 11, unless
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13 there is created a duplication in numbering, reads as follows:
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14 Notwithstanding any other provision of law, any person who is
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15 actively receiving retirement benefits from a state pension system
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16 may be hired by a municipality with a population of four thousand
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17 (4,000) or less, according to the latest Federal Decennial Census,
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18 to fulfill the duties and obligations of a police officer. Such
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19 persons shall not be subject to the requirements and obligations of
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20 the Oklahoma Police Pension Retirement System and shall not be
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21 eligible to enter into the System.
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22 SECTION 3. This act shall become effective November 1, 2023.
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24 59-1-1180 RD 1/19/2023 2:32:42 PM
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