RBH No. 9475
1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3807 By: Burns
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6 AS INTRODUCED
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7 An Act relating to retirement; authorizing certain
7 persons to become members in the Oklahoma Law
8 Enforcement Retirement System; directing the Oklahoma
8 Law Enforcement Retirement System Board to make
9 determination of eligibility; directing certain
9 agencies to send notice; directing certain agencies
10 and members to make contributions if certain
10 conditions are met; providing conditions on which
11 certain members shall be transferred to the System;
11 amending 47 O.S. 2021, Section 2-300, as amended by
12 Section 8, Chapter 151, O.S.L. 2023 (47 O.S. Supp.
12 2023, Section 2-300), which relates to definitions;
13 modifying term; providing term; providing for
13 codification; and providing an effective date.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 2-309.9 of Title 47, unless
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21 there is created a duplication in numbering, reads as follows:
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22 A. Participating agencies may make an irrevocable written
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23 election to become participating employers in the Oklahoma Law
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24 Enforcement Retirement System for their Board-designated law
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1 enforcement support staff who directly support CLEET certified law
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2 enforcement officers and are employed by a participating employer as
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3 determined by the Board. The Board shall determine the allowable
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4 law enforcement support staff eligible for transfer and may cease
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5 new membership if it is determined that the support staff is no
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6 longer eligible. The participating agencies shall send written
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7 notice of the election to the Oklahoma Law Enforcement Retirement
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8 System.
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9 B. Beginning the following month after the System receives the
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10 written notice, the participating agencies and all active designated
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11 law enforcement support staff who are hired on or after the date of
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12 the election shall participate in and make contributions to the
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13 System as other participating employers and members of the System.
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14 C. Upon election by the Board, pursuant to subsection A of this
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15 section, active designated law enforcement support staff employed
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16 prior to the date of the election and who were participating in the
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17 Oklahoma Public Employees Retirement System or Pathfinder, may,
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18 within three (3) months of the date of the election, make an
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19 irrevocable written election to participate in the Oklahoma Law
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20 Enforcement Retirement System and file the written election with the
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21 Oklahoma Public Employees Retirement System or Pathfinder and the
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22 Oklahoma Law Enforcement Retirement System. Such designated law
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23 enforcement support staff who make the election to transfer shall be
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1 transferred to the Oklahoma Law Enforcement Retirement System
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2 subject to the following:
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3 1. Upon the date of election of the law enforcement support
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4 staff, the law enforcement support staff shall cease accruing
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5 benefits in the Oklahoma Public Employees Retirement System or
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6 Pathfinder and shall commence accruing benefits in the Oklahoma Law
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7 Enforcement Retirement System;
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8 2. Prior to the beginning of the month following receipt of the
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9 designated law enforcement support staff's election by Oklahoma
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10 Public Employees Retirement System, the Oklahoma Public Employees
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11 Retirement System or Pathfinder shall transfer to the Oklahoma Law
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12 Enforcement Retirement System all employee contributions and
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13 employer contributions plus accrued interest. The Oklahoma Public
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14 Employees Retirement System or Pathfinder shall also send to the
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15 Oklahoma Law Enforcement Retirement System the retirement records of
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16 the transferring law enforcement support staff;
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17 3. To receive service credit accrued by such law enforcement
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18 support staff prior to the election, or prior to the date as of
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19 which the person making the election ceases to be a member of the
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20 Oklahoma Public Employees Retirement System or Pathfinder, whichever
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21 date occurs last, the member shall pay the difference between the
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22 amount transferred by the Oklahoma Public Employees Retirement
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23 System or Pathfinder to the Oklahoma Law Enforcement Retirement
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24 System in paragraph 2 of subsection C of this section and the amount
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1 determined by the Board of Trustees pursuant to Section 2-307.5 of
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2 Title 47 of the Oklahoma Statutes. The designated law enforcement
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3 support staff shall elect to either pay any difference to receive
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4 full credit for the years sought to be transferred or receive
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5 prorated service credit for only the amount received from the
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6 Oklahoma Public Employees Retirement System or Pathfinder pursuant
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7 to subsection C of this section. Payments made by electing
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8 designated law enforcement support staff pursuant to paragraph 3 of
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9 subsection C of this section shall be made pursuant to subsection B
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10 of Section 2-307.5 of Title 47 of the Oklahoma Statutes;
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11 4. Service credit accrued by a designated law enforcement
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12 support staff while a member of the Oklahoma Public Employees
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13 Retirement System or Pathfinder shall be treated as credited service
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14 for such transferring designated law enforcement support staff in
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15 the Oklahoma Public Employees Retirement System or Pathfinder if the
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16 designated law enforcement support staff is not receiving or
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17 eligible to receive service credit or benefits from said service in
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18 any other public retirement system and the member has not received
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19 service credit for the same years of service pursuant to Sections 2-
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20 307.1, 2-307.3, and 2-307.4 of Title 47 of the Oklahoma Statutes.
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21 Provided further that only transferred credited service related to
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22 law enforcement service with the participating agencies shall be
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23 included in the determination of a law enforcement support staff's
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24 normal retirement date or vesting date; and
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1 5. All service credit with the Oklahoma Public Employees
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2 Retirement System or Pathfinder which is ineligible for transfer to
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3 the Oklahoma Law Enforcement Retirement System shall be cancelled.
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4 D. Upon election by the Board, pursuant to subsection A of this
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5 section, active law enforcement support staff employed prior to the
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6 date of the election and who were not participating in the Oklahoma
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7 Public Employees Retirement System or Pathfinder, may, within three
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8 (3) months of the date of the election, make an irrevocable written
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9 election to participate in the Oklahoma Law Enforcement Retirement
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10 System and file the written election with the Oklahoma Law
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11 Enforcement Retirement System. Beginning the following month after
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12 the System for such designated law enforcement support staff
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13 receives the law enforcement support staff's written election, the
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14 participating agencies and the electing designated law enforcement
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15 support staff shall participate in and make contributions to the
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16 System as other participating employers and members of the System.
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17 SECTION 2. AMENDATORY 47 O.S. 2021, Section 2-300, as
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18 amended by Section 8, Chapter 151, O.S.L. 2023 (47 O.S. Supp. 2023,
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19 Section 2-300), is amended to read as follows:
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20 Section 2-300. As used in Section 2-300 et seq. of this title:
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21 1. "System" means the Oklahoma Law Enforcement Retirement
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22 System;
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23 2. "Act" means Section 2-300 et seq. of this title;
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1 3. "Board" means the Oklahoma Law Enforcement Retirement Board
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2 of the System;
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3 4. "Executive Director" means the managing officer of the
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4 System employed by the Board;
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5 5. "Fund" means the Oklahoma Law Enforcement Retirement Fund;
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6 6. a. "Member" means:
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7 (1) all commissioned law enforcement officers of the
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8 Oklahoma Highway Patrol Division of the
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9 Department of Public Safety who have obtained
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10 certification from the Council on Law Enforcement
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11 Education and Training, and all cadets of a
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12 Patrol Academy of the Department of Public
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13 Safety,
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14 (2) law enforcement officers and criminalists of the
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15 Oklahoma State Bureau of Investigation,
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16 (3) law enforcement officers of the Oklahoma State
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17 Bureau of Narcotics and Dangerous Drugs Control
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18 designated to perform duties in the investigation
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19 and prevention of crime and the enforcement of
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20 the criminal laws of this state,
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21 (4) law enforcement officers of the Alcoholic
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22 Beverage Laws Enforcement Commission designated
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23 to perform duties in the investigation and
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1 prevention of crime and the enforcement of the
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2 criminal laws of this state,
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3 (5) employees of the Communications Section of the
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4 Oklahoma Highway Patrol Division, radio
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5 technicians and tower technicians of the
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6 Department of Public Safety, who are employed in
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7 any such capacity as of June 30, 2008, and who
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8 remain employed on or after July 1, 2008, until a
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9 termination of service, or until a termination of
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10 service with an election of a vested benefit from
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11 the System, or until retirement. Effective July
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12 1, 2008, a person employed for the first time as
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13 an employee of the Department of Public Safety in
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14 the Communications Division as an information
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15 systems telecommunication technician of the
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16 Department of Public Safety shall not be a member
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17 of the System,
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18 (6) park rangers of the Oklahoma Tourism and
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19 Recreation Department and any park manager or
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20 park supervisor of the Oklahoma Tourism and
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21 Recreation Department, who was employed in such a
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22 position prior to July 1, 1985, and who elects on
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23 or before September 1, 1996, to participate in
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24 the System, and
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1 (7) inspectors of the State Board of Pharmacy, and
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2 (8) law enforcement support staff of the
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3 participating agencies, as determined by the
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4 Board.
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5 b. Effective July 1, 1987, a member does not include a
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6 "leased employee" as defined under Section 414(n)(2)
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7 of the Internal Revenue Code of 1986, as amended.
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8 Effective July 1, 1999, any individual who agrees with
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9 the participating employer that the individual's
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10 services are to be performed as a leased employee or
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11 an independent contractor shall not be a member
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12 regardless of any classification as a common-law
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13 employee by the Internal Revenue Service or any other
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14 governmental agency, or any court of competent
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15 jurisdiction.
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16 c. All persons who shall be offered a position of a
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17 commissioned law enforcement officer as an employee of
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18 one of the agencies described in subparagraph a of
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19 this paragraph shall participate in the System upon
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20 the person meeting the requisite post-offer-pre-
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21 employment physical examination standards which shall
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22 be subject to the following requirements:
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23 (1) all such persons shall be of good moral
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24 character, free from deformities, mental or
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1 physical conditions, or disease and alcohol or
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2 drug addiction which would prohibit the person
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3 from performing the duties of a law enforcement
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4 officer,
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5 (2) the physical-medical examination shall pertain to
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6 age, sight, hearing, agility and other conditions
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7 the requirements of which shall be established by
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8 the Board,
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9 (3) the person shall be required to meet the
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10 conditions of this subsection prior to the
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11 beginning of actual employment but after an offer
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12 of employment has been tendered by a
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13 participating employer,
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14 (4) the Board shall have authority to deny or revoke
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15 membership of any person submitting false
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16 information in such person's membership
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17 application, and
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18 (5) the Board shall have final authority in
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19 determining eligibility for membership in the
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20 System, pursuant to the provisions of this
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21 subsection;
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22 7. "Normal retirement date" means the date at which the member
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23 is eligible to receive the unreduced payments of the member's
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1 accrued retirement benefit. Such date shall be the first day of the
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2 month coinciding with or following the date the member:
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3 a. completes twenty (20) years of vesting service, or
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4 b. attains sixty-two (62) years of age with ten (10)
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5 years of vesting service, or
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6 c. attains sixty-two (62) years of age, if:
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7 (1) the member has been transferred to this System
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8 from the Oklahoma Public Employees Retirement
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9 System on or after July 1, 1981, and
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10 (2) the member wo