Oklahoma § 20-1102 - Eligibility for retirement - Vacancies - Reemployment Calculation of post-retirement

§ 20-1102. Eligibility for retirement - Vacancies - Reemployment Calculation of post-retirement

A. Any Justice or Judge of the Supreme Court, Court of Criminal

Appeals, Workers' Compensation Court, Court of Appeals or District

Court who serves as Justice or judge of any of said courts in the

State of Oklahoma shall be a member of The Uniform Retirement System

for Justices and Judges. For members whose initial service as a

member of the System began prior to January 1, 2012, such member who

serves for a period of eight (8) years or longer and upon reaching

or passing the age of sixty-five (65) years, or who serves for a

period of ten (10) years or longer and upon reaching or passing the

age of sixty (60) years, or whose sum of years of service and age

equal or exceeds eighty (80), after completing eight (8) years of

judicial service, shall be eligible to receive the retirement

benefits herein provided. For members whose initial service as a

member of the System began on or after January 1, 2012, such member

who serves for a period of eight (8) years or longer and upon

reaching or passing the age of sixty-seven (67) years or who serves

for a period of ten (10) years or longer and upon reaching or

passing the age of sixty-two (62) years shall be eligible to receive

the retirement benefits herein provided. In determining the periods

of time above mentioned a major fraction of a year shall count as a

whole year. If such Justice or judge is still serving in such

capacity when the above requirements are complied with, the Justice

or judge may elect to retire and may elect whether such retirement

shall become effective immediately or at a specified time within the

Oklahoma Statutes - Title 20. Courts

term of the Justice or judge or at the expiration of the term of the

Justice or judge. The Justice or judge shall file a written

declaration with the System and the Court Administrator of his or

her desire to retire. The Court Administrator shall notify the

Governor within five (5) business days of receiving the Notice of

Retirement.

B. Upon filing of an election by any Justice or judge to retire

as authorized by Section 1101 et seq. of this title, the office held

by such Justice or judge shall become vacated immediately or at the

specified time within the term of the Justice or judge, or at the

expiration of the term of the Justice or judge in accordance with

the election of the Justice or judge desiring retirement status.

Any such vacancy so created shall be filled in the manner provided

by law and the Constitution.

C. If any retired member of the System should be elected or

appointed to any judicial or other office covered by the System, the

retirement compensation of the retired member shall be suspended

during the period of time that the retired member holds such office

and be reinstated upon leaving such office. Notwithstanding any

other provision of this section or any other provision of law to the

contrary, a retired Justice or judge shall be permitted to be

employed by any college or university within The Oklahoma State

System of Higher Education as a full-time or part-time member of the

faculty or as a teacher in any common school or career and

technology education entity without suspension of retirement

benefits.

D. Any participating employer who is employing such a retiree

as described in subsection C of this section shall make proper

written notification to the System informing it of the beginning

date of such retiree's employment. Any retiree returning to work

for a participating employer shall make contributions to the System

and the employer shall do likewise. All retirees who have returned

to employment and participation in the System following retirement

shall have post-retirement benefits calculated on one of the

following methods:

1. All service accumulated from date of reemployment shall be

computed based on the benefit formula applicable at that time, and

the additional benefits shall be added to the previous benefits.

Such additional benefits shall be calculated each year based upon

additional service accrued from July 1 to June 30 of the previous

year and the additional benefits, if any, will be added to the

retiree's monthly benefit beginning January 1 of the year after the

retiree terminates the post-retirement employment and begins to

receive a benefit. However, the post-retirement service credit

shall be cumulative, beginning with service credit accrued after the

date of retirement, provided that the retiree has not received a

distribution of the post-retirement contributions. All post-

Oklahoma Statutes - Title 20. Courts

retirement additional benefits shall be calculated using actual

hours worked as well as the actual compensation received and upon

which contributions are paid. Post-retirement service is not

subject to the partial year round-up provisions of subsection A of

this section, and only full years of service will result in an

increase in a retiree's benefit.

2. Any retiree who returns to employment with a participating

employer for a minimum period of thirty-six (36) consecutive months,

shall have all service accumulated from date of reemployment counted

as participating service. For purposes of determining the

retirement benefits of such a member upon the termination of such

reemployment, all creditable service of the member shall be computed

based on the benefit formula applicable at the time of termination

of such reemployment. A retiree who is not reemployed for the full

thirty-six (36) consecutive months shall upon termination of such

reemployment have only the additional amount added to his or her

benefit.

3. The provisions of this section shall not be applicable to

Section 1104B of this title.

Added by Laws 1968, c. 128, § 2. Amended by Laws 1969, c. 328, § 1,

emerg. eff. May 7, 1969; Laws 1970, c. 219, § 1, emerg. eff. April

15, 1970; Laws 1988, c. 267, § 18, operative July 1, 1988; Laws

1992, c. 376, § 3, eff. July 1, 1992; Laws 1994, c. 351, § 4, eff.

July 1, 1994; Laws 1998, c. 419, § 3, eff. July 1, 1998; Laws 2002,

c. 438, § 1, eff. July 1, 2002; Laws 2005, c. 464, § 1, eff. Sept.

1, 2005; Laws 2010, c. 435, § 4, eff. July 1, 2010; Laws 2011, c.

190, § 1, eff. Jan. 1, 2012; Laws 2017, c. 94, § 1, eff. Nov. 1,

2017.