STATE OF OKLAHOMA

RBS No. 2221

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STATE OF OKLAHOMA

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2nd Session of the 53rd Legislature (2012)

3 SENATE BILL 1103

By: Brecheen

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AS INTRODUCED

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An Act relating to legislator's retirement; stating

legislative intent; amending 70 O.S. 2011, Sections

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17-101, 17-103 and 17-105, which relate to the

Teachers' Retirement System of Oklahoma; modifying

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definitions; adding to the membership of the

Teachers' Retirement System of Oklahoma; specifying

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that certain members can qualify for monthly

retirement benefits; amending 74 O.S. 2011, Sections

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902 and 913.4, which relate to the Oklahoma Public

Employees Retirement System; modifying definition;

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providing exception; prohibiting certain elected

officials from participation in the Oklahoma Public

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Employees Retirement System; specifying that certain

elected officials may participate in the Teachers'

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Retirement System of Oklahoma; providing for

noncodification; providing an effective date; and

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declaring an emergency.

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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

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SECTION 1.

NEW LAW

A new section of law not to be

20 codified in the Oklahoma Statutes reads as follows:

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In order to ensure the solvency of the Teachers' Retirement

22 System of Oklahoma, it is the intent of the Legislature that persons

23 elected to the Legislature on or after the effective date of this

24 act who choose to participate in a retirement system when elected to

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RBS No. 2221

1 office be required to join the Teachers' Retirement System of

2 Oklahoma instead of being a member of the Oklahoma Public Employees

3 Retirement System. Being a member of the Teachers' Retirement

4 System of Oklahoma and subject to the same benefit structure as the

5 educators of this state will make legislators more accountable to

6 the Teachers' Retirement System of Oklahoma and as stakeholders in

7 the System, the legislators will be even more aware of the financial

8 status of the System.

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SECTION 2.

AMENDATORY

70 O.S. 2011, Section 17-101, is

10 amended to read as follows:

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Section 17-101. The following words and phrases as used in this

12 act Section 17-101 et seq. of this title, unless a different meaning

13 is clearly required by the context, shall have the following

14 meanings:

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(1) "Retirement system" shall mean the Teachers' Retirement

16 System of Oklahoma, as defined in Section 17-102 of this title.

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(2) "Public school" shall mean a school district, a state

18 college or university, the State Board of Education, the State Board

19 of Career and Technology Education and any other state educational

20 entity conducted within the state supported wholly or partly by

21 public funds and operating under the authority and supervision of a

22 legally constituted board or agency having authority and

23 responsibility for any function of public education. "Public

24 school" shall also mean a tuition free, nonprofit alternative school

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RBS No. 2221

1 of choice that provides education, therapeutic counseling and

2 outreach programs which is aligned with a school district and which

3 receives grant funds from governmental sources.

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(3) "Classified personnel" shall mean any teacher, principal,

5 superintendent, supervisor, administrator, librarian, certified or

6 registered nurse, college professor, or college president whose

7 salary is paid wholly or in part from public funds. An employee of

8 any state department, board, board of regents or board of trustees,

9 who is in a supervisory or an administrative position, the function

10 of which is primarily devoted to public education, shall be

11 considered classified personnel under the meaning of this act, at

12 the discretion of the Board of Trustees of the Teachers' Retirement

13 System. The term "teacher" shall also include instructors and

14 counselors employed by the Department of Corrections and holding

15 valid teaching certificates issued by the State Department of

16 Education. Provided, that a person employed by the Department of

17 Corrections as an instructor or counselor shall have been actively

18 engaged in the teaching profession for a period of not less than

19 three (3) years prior to employment to be eligible to participate in

20 the Oklahoma Teachers' Retirement System. The Department of

21 Corrections shall contribute the employer's share to the Oklahoma

22 Teachers' Retirement System.

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(4) "Nonclassified optional personnel" shall include cooks,

24 janitors, maintenance personnel not in a supervisory capacity, bus

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RBS No. 2221

1 drivers, noncertified or nonregistered nurses, noncertified

2 librarians, and clerical employees of the public schools, state

3 colleges, universities or any state department, board, board of

4 regents or board of trustees, the functions of which are primarily

5 devoted to public education and whose salaries are paid wholly or in

6 part from public funds.

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(5) "Employer" shall mean the state and any of its designated

8 agents or agencies with responsibility and authority for public

9 education, such as boards of education of elementary and independent

10 school districts, boards of regents, boards of control or any other

11 agency of and within the state by which a person may be employed for

12 service in public education. "Employer" shall also mean the board

13 of directors of a tuition free, nonprofit alternative school of

14 choice that provides education, therapeutic counseling and outreach

15 programs which is aligned with a school district and which receives

16 grant funds from governmental sources. "Employer" shall also mean

17 the Oklahoma State Senate and the Oklahoma House of Representatives.

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(6) "Member" shall mean any teacher or other employee included

19 in the membership of the system as provided in Section 17-103 of

20 this title.

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(7) "Board of Trustees" shall mean the board provided for in

22 Section 17-106 of this title to administer the retirement system.

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RBS No. 2221

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(8) "Service" shall mean service as a classified or

2 nonclassified optional employee in the public school system, or any

3 other service devoted primarily to public education in the state.

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(9) "Prior service" shall mean service rendered prior to July

5 1, 1943.

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(10) "Membership service" shall mean service as a member of the

7 classified or nonclassified personnel as defined in paragraphs (3)

8 and (4) of this section.

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(11) "Creditable service" shall mean membership service plus

10 any prior service authorized under this title.

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(12) "Annuitant" shall mean any person in receipt of a

12 retirement allowance as provided in this title.

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(13) "Accumulated contributions" shall mean the sum of all

14 amounts deducted from the compensation of a member and credited to

15 his individual account in the Teacher Savings Fund, together with

16 interest as of June 30, 1968.

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(14) "Earnable compensation" shall mean the full rate of the

18 compensation that would be payable to a member if he worked the full

19 normal working time.

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(15) "Average salary":

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(a) for those members who joined the System prior to July

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1, 1992, shall mean the average of the salaries for

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the three (3) years on which the highest contributions

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to the Teachers' Retirement System was paid not to

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