RBS No. 2756
1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1524 By: Green
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Firefighters Pension
7 and Retirement System; amending 11 O.S. 2021, Section
8 49-135, as amended by Section 8, Chapter 232, O.S.L.
8 2022 (11 O.S. Supp. 2023, Section 49-135), which
9 relates to membership benefits and requirements;
9 establishing provisions for return to service by
10 certain members; providing for cessation of certain
10 benefits during certain paid service; prohibiting
11 certain disabled members from returning to service;
11 defining term; updating statutory language and
12 reference; prohibiting further accrual of service;
12 and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 11 O.S. 2021, Section 49-135, as
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17 amended by Section 8, Chapter 232, O.S.L. 2022 (11 O.S. Supp. 2023,
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18 Section 49-135), is amended to read as follows:
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19 Section 49-135. A. No person shall be employed in a fire
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20 department who has reached the age of forty-five (45) years, unless
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21 it appears he or she shall become eligible for retirement at the age
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22 of sixty-five (65) years or unless he or she be retired from a
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23 municipal fire department in the State of Oklahoma this state. This
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24 section shall not apply to professional engineers, or to persons
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1 employed as technical specialists on a temporary basis. The State
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2 Oklahoma Firefighters Pension and Retirement Board shall be
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3 authorized to establish the maximum age, within the limits herein
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4 prescribed, over which an applicant may not be considered for
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5 initial employment, but no person shall be prohibited from making
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6 application for reemployment and having such reemployment
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7 application considered merely because of his or her age, provided
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8 that such person be under the age of forty-five (45) years, and
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9 provided further, that such reemployment shall be with the consent
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10 of the fire chief of such municipality.
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11 B. On or after the effective date of this act November 1, 2015,
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12 a person who performs volunteer services as a firefighter, who has
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13 attained the age of forty-five (45) or more years as of the first
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14 date such volunteer services are performed, for a municipality or a
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15 county shall not be eligible to be a member of the Oklahoma
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16 Firefighters Pension and Retirement System for any purpose, shall
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17 not be eligible for any benefit payable by the System and shall not
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18 receive any form of service credit from the System resulting from
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19 such volunteer services. The person responsible for decisions
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20 regarding the performance of firefighting services having
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21 jurisdiction, which in the absence of any other requirement to the
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22 contrary shall be the Fire Chief fire chief, shall make the final
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23 determination on applicants for positions that would involve the
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24 performance of volunteer firefighting services if the applicant is
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1 over the age of forty-five (45) years based on local rules,
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2 regulations, ordinances, guidelines and standard operating
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3 procedures.
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4 C. Notwithstanding the requirements of subsections C and H of
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5 Section 49-106.1 of this title to terminate employment with all
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6 participating municipalities as a firefighter, a person retired,
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7 paid firefighter receiving an accrued retirement benefit pursuant to
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8 Section 49-106 of this title may perform volunteer firefighting
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9 services for a volunteer department pursuant to subsection B of this
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10 section and continue to receive the member’s accrued retirement
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11 benefit; provided,. A member performing services for a volunteer
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12 fire department under this section shall not further accrue any
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13 years of credited service during such period. Provided, that the
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14 pension shall cease during any period of time the member may
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15 thereafter serve for compensation in any municipal fire department
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16 in the state; provided further, that no person shall perform any
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17 services as a firefighter if such person is receiving disability
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18 benefits pursuant to Section 49-109 of this title.
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19 D. 1. Notwithstanding the requirements of subsections C and H
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20 of Section 49-106.1 of this title, a retired volunteer firefighter
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21 receiving the maximum allowable accrued retirement benefit pursuant
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22 to Section 49-101 of this title may return to service as a volunteer
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23 firefighter for a volunteer fire department pursuant to subsection B
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24 of this section and continue to receive the member’s retirement
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1 benefit. The retired volunteer firefighter shall not further accrue
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2 any years of credited service during such period. Provided, the
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3 benefit shall cease during any time period the retiree may
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4 thereafter serve for compensation in any municipal fire department
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5 in the state; provided further, no person shall perform any services
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6 as a volunteer firefighter if such person is receiving disability
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7 benefits pursuant to Section 49-109 of this title.
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8 2. For the purposes of this subsection, “maximum allowable
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9 accrued retirement benefit” means a benefit calculated using thirty
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10 (30) years of credited service pursuant to subsection A of Section
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11 49-101 of this title. Provided, if the member has elected to
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12 participate in the Oklahoma Firefighters Deferred Option Plan
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13 pursuant to Section 49-106.1 of this title, credited service for
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14 benefit calculation shall be calculated as of the date that the
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15 member begins participation in the Plan, or the back drop date if
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16 elected under subsection H of Section 49-106.1 of this title.
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17 E. No person serving as a firefighter pursuant to this section
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18 shall be eligible to serve as the fire chief. Pursuant to Section
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19 49-100.1 of this title, the fire chief shall be an active member of
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20 the System within a participating municipality of which he or she
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21 serves as fire chief.
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22 SECTION 2. This act shall become effective November 1, 2024.
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24 59-2-2756 RD 12/27/2023 2:04:24 PM
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