Oklahoma § 19-971 - Election to establish – Creation of fund – Contributions –

§ 19-971. Election to establish – Creation of fund – Contributions –

Definitions.

A. Effective July 1, 1999, each county of the state may

establish a County Officer and Employee Deferred Savings Incentive

Plan as authorized by this act.

B. A county electing to establish a County Officer and Employee

Deferred Savings Incentive Plan shall establish a County Officer and

Employee Deferred Savings Incentive Plan Fund for the payment of

matching employer contributions as provided by this section, subject

to the limit upon the amount of the matching employer contribution

as provided by law. The participating employer shall pay the

contributions from the same source of funds used in paying salary to

the county officer or employee.

C. Subject to the limit imposed by subsection D of this

section, for each qualified participant as defined in this section,

Oklahoma Statutes - Title 19. Counties and County Officers

the board of county commissioners of each county electing to

establish a County Officer and Employee Deferred Savings Incentive

Plan shall pay each month from the County Officer and Employee

Deferred Savings Incentive Plan Fund a sum equal to the amount

contributed each month by the participating county officer or

employee to the deferred compensation plan account established for

the participant pursuant to Section 457 of the Internal Revenue Code

of 1986, as amended.

D. The board of county commissioners of each county shall set

the amount of county contribution.

E. The payment of the matching employer contribution as

authorized by this section by any county electing to establish a

County Officer and Employee Deferred Savings Incentive Plan shall be

made to a plan established pursuant to the Internal Revenue Code,

Section 401(a), for the benefit of the officers and employees of the

county.

F. For the purposes of this section, "qualified participant"

means a:

1. "County employee" as defined by Section 957 of this title

who is a participant in a deferred compensation plan established by

the county pursuant to Section 457 of the Internal Revenue Code of

1986, as amended; and

2. "County officer" as defined by Section 131 of this title who

is a participant in a deferred compensation plan established by the

county pursuant to Section 457 of the Internal Revenue Code of 1986,

as amended.

G. The board of county commissioners for each county electing

to create a County Officer and Employee Deferred Savings Incentive

Plan shall be responsible for establishing rules and plan documents

for administration of the plan and all contributions made to the

plan.

H. Pursuant to the requirements of Section 10 of Article XXIII

of the Oklahoma Constitution, no county officer shall be able to

receive matching contributions in the County Officer and Employee

Deferred Savings Incentive Plan account described by this section

during a term of office which commenced prior to the effective date

of this act. A county officer may participate in the County Officer

and Employee Deferred Savings Incentive Plan described by this

section during a term of office which commences after the effective

date of this act.

Added by Laws 1999, c. 39, § 1, eff. July 1, 1999. Amended by Laws

1999, c. 245, § 4, eff. July 1, 1999; Laws 2001, c. 44, § 1, eff.

July 1, 2001; Laws 2019, c. 98, § 1, eff. Nov. 1, 2019.