Oklahoma § 74-915.3 - Alternate retirement benefit option

§ 74-915.3. Alternate retirement benefit option

On or before January 1, 2005, the Oklahoma Public Employees

Retirement System shall implement a retirement benefit option for

members retiring prior to being Medicare-eligible. The purpose of

this option is to allow a person who retires prior to being

Medicare-eligible to elect to receive an increased benefit to help

cover the cost of the member and dependent health insurance

premiums, if any, until such member is eligible to receive Medicare.

Beginning in the month following such month that the member becomes

Medicare-eligible, his or her retirement benefit will be reduced by

an actuarial amount. The alternative retirement benefit option

shall be devised so that the increased pre-Medicare retirement

benefit and the lower post-Medicare retirement benefit shall have a

neutral actuarial cost to the System. The System may, but shall not

Oklahoma Statutes - Title 74. State Government

be required to, make individual actuarial calculations; however, the

actuarial reduction necessary to provide this alternative retirement

benefit option shall be calculated after and in addition to any

reduction necessary to provide a survivor benefit pursuant to

Section 918 of this title. The increased pre-Medicare retirement

benefit may not equal an individual’s actual premium, but the

formula used shall be based upon the retiree pre-Medicare health

insurance premiums of the plans offered by the State and Education

Employees Group Insurance Board at the time the member retires. The

System shall on or before January 1 of each year update the formula

based upon new health insurance premium data of the plans offered by

the State and Education Employees Group Insurance Board to retired

members. A member retiring under the alternative retirement benefit

option shall have the member’s retirement benefit based upon the

formula in use at the time of retirement and shall not be amended

thereafter to reflect further changes in health insurance premiums.

A member electing to participate in the alternative retirement

benefit option shall make an irrevocable election at the time of

retirement to participate in such option. Provided further, that

any married member making this election shall comply with the

provisions of Section 918 of this title. The Board of Trustees of

the Oklahoma Public Employees Retirement System shall promulgate

such rules as are necessary to implement the provisions of this

section.

No member shall be eligible to make the election provided for in

this section until the Board receives official written notice that

this alternative retirement benefit option satisfies the tax

qualification requirements for governmental plans applicable to such

benefit options as specified in the Internal Revenue Code of 1986,

as amended from time to time and as applicable to governmental plans

and the relevant regulatory provisions and guidance related thereto.

Added by Laws 2004, c. 449, § 1, eff. July 1, 2004. Amended by Laws

2007, c. 367, § 2, eff. July 1, 2007.

§74-915v1. Amount of retirement benefit.

A. (1) Except as otherwise provided in this subsection and as

provided for elected officials in Section 913.4 of this title, any

member who shall retire on or after the member's normal retirement

date shall be entitled to receive an annual retirement benefit equal

to two percent (2%) of the member's final average compensation as

determined pursuant to paragraph (18) of Section 902 of this title,

multiplied by the number of years of credited service that has been

credited to the member in accordance with the provisions of Section

913 of this title other than years credited pursuant to paragraph

(2) of this subsection.

(2) Effective January 1, 2004, except as otherwise provided for

elected officials in Section 913.4 of this title and except for

Oklahoma Statutes - Title 74. State Government

those members making contributions pursuant to paragraphs (c), (d),

(e), (f), (g), and (h) of subsection (1) of Section 919.1 of this

title, any member who shall retire shall be entitled to receive an

annual retirement benefit equal to two and one-half percent (2 1/2%)

of the member's final average compensation as determined pursuant to

paragraph (18) of Section 902 of this title, multiplied by the

number of full years of participating service after January 1, 2004,

that have been credited to the member in accordance with the

provisions of Section 913 of this title and only for those full

years of participating service for which contributions have been

made pursuant to paragraph (g) of subsection (1) of Section 919.1 of

this title. The two and one-half percent (2 1/2%) multiplier shall

not apply to purchased service, purchased or granted military

service or transferred service. In order to receive the two and

one-half percent (2 1/2%) multiplier in computing retirement

benefits, an active member shall make an irrevocable written

election to pay the contributions pursuant to paragraph (g) of

subsection (1) of Section 919.1 of this title. The two and one-half

percent (2 1/2%) multiplier pursuant to this paragraph shall not

apply to additional years of service credit attributed to sick leave

pursuant to paragraph 7 of subsection B of Section 913 of this title

and fractional years pursuant to subsection C of Section 913 of this

title and shall be attributable only to the participating service

credited after the election of the member.

(3) The minimum final average compensation for any person who

becomes a member of the Oklahoma Public Employees Retirement System

on or after July 1, 1995, and who had:

a.

twenty (20) or more years of credited service within

the System as of the member's retirement date shall be

no less than Thirteen Thousand Eight Hundred Dollars

($13,800.00) per annum,

b.

at least fifteen (15) but not more than nineteen (19)

years of credited service within the System as of the

member's retirement date shall be no less than Six

Thousand Nine Hundred Dollars ($6,900.00) per annum,

or

c.

less than fifteen (15) years of credited service

within the System as of the member's retirement date

shall not be eligible for any minimum amount of final

average compensation and the member's final average

compensation shall be the final average compensation

as defined by paragraph (18) of Section 902 of this

title.

(4) Provided, further, any member who has elected a vested

benefit pursuant to Section 917 of this title shall be entitled to

receive benefits as outlined in this section except the percent

factor and the member's maximum compensation level in effect the

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date the member's employment was terminated with a participating

employer shall be applicable.

(5) Any member who is a correctional officer or a probation and

parole officer employed by the Department of Corrections at the time

of retirement and who retires on or before June 30, 2000, shall be

entitled to receive an annual retirement benefit equal to two and

one-half percent (2 1/2%) of the final average compensation of the

member not to exceed Twenty-five Thousand Dollars ($25,000.00) and

two percent (2%) of the final average salary in excess of Twentyfive Thousand Dollars ($25,000.00) but not exceeding the maximum

compensation level as provided in paragraph (9) of Section 902 of

this title, multiplied by the number of years of service as a

correctional officer or a probation and parole officer; provided,

any years accrued prior to July 1, 1990, as a correctional officer

or a probation and parole officer by a member who is employed as a

correctional officer or a probation and parole officer on July 1,

1990, shall be calculated for retirement purposes at two and onequarter percent (2 1/4%) of the final average compensation of the

member not to exceed Twenty-five Thousand Dollars ($25,000.00) and

two percent (2%) of the final average salary in excess of Twentyfive Thousand Dollars ($25,000.00) but not exceeding the maximum

compensation level as provided in paragraph (9) of Section 902 of

this title, multiplied by the number of years of such service and

any years in excess of twenty (20) years as such an officer or years

credited to the member in accordance with the provisions of Section

913 of this title shall be calculated for retirement purposes at two

percent (2%) of the final average compensation of the member

multiplied by the number of years of such service. Any person who

contributes to the System as a correctional officer or a probation

and parole officer as provided in paragraph (b) or (c) of subsection

(1) of Section 919.1 of this title, on or before June 30, 2000, but

who does not make such contributions after June 30, 2000, and who

does not qualify for normal retirement under subparagraph (c) of

paragraph (24) of Section 902 of this title shall have retirement

benefits for each year of full-time-equivalent participating service

as a correctional or a probation and parole officer after July 1,

1990, computed on two and one-half percent (2 1/2%) of the final

average compensation based upon those years as a correctional

officer or a probation and parole officer. Provided, further, any

fugitive apprehension agent shall be entitled to receive benefits as

outlined in Section 901 et seq. of this title for service as a

fugitive apprehension agent prior to July 1, 2002, only upon payment

to the System of the employee contributions which would have been

paid if such fugitive apprehension agent had been covered by this

section prior to July 1, 2002, plus interest of not to exceed ten

percent (10%) as determined by the Oklahoma Public Employees

Retirement Board of Trustees. The Department of Corrections may

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make the employee contribution and interest payment on behalf of

such member.

(6) Any member who is a correctional officer, a probation and

parole officer or a fugitive apprehension agent employed by the

Department of Corrections at the time of retirement and who retires

on or after July 1, 2002, shall be entitled to receive an annual

retirement benefit equal to two and one-half percent (2 1/2%) of the

final average compensation of the member, but not exceeding the

maximum compensation level as provided in paragraph (18) of Section

902 of this title, multiplied by the number of years of service as a

correctional officer, a probation and parole officer or a fugitive

apprehension agent, and any years in excess of twenty (20) years as

such an officer or agent, or years credited to the member in

accordance with the provisions of Section 913 of this title, shall

be calculated for retirement purposes at two percent (2%) of the

final average compensation of the member multiplied by the number of

years of such service. For purposes of this paragraph, "final

average compensation" shall be determined by computing the average

annual salary, in the manner prescribed by paragraph (18) of Section

902 of this title, for the highest three (3) years of the last ten

(10) years of participating service immediately preceding retirement

or termination of employment for all years of service performed by

such member, both for years of service performed as a correctional

officer, probation and parole officer or fugitive apprehension

agent, not in excess of twenty (20) years, and for years of service

performed in excess of twenty (20) years, whether as a correctional

officer, probation and parole officer, fugitive apprehension agent

or other position unless the computation of benefits would result in

a lower retirement benefit amount than if final average compensation

were to be computed as otherwise provided by this paragraph. Final

average compensation shall be determined by computing the average

annual salary for the highest five (5) of the last ten (10) years of

participating service immediately preceding retirement or

termination of employment, with respect to members whose first

participating service occurs on or after July 1, 2013.

(7) Any member who is a correctional officer, a probation and

parole officer or a fugitive apprehension agent who has at least

five (5) years of service as a correctional officer, a probation and

parole officer or a fugitive apprehension agent who is in such

position on June 30, 2004, or who is hired after June 30, 2004, in

such position, and who receives a promotion or change in job

classification after June 30, 2004, to another position in the

Department of Corrections, and who is employed by the Department of

Corrections at the time of retirement and who retires on or after

July 1, 2004, shall be entitled to receive an annual retirement

benefit equal to two and one-half percent (2 1/2%) of the final

average compensation of the member, but not exceeding the maximum

Oklahoma Statutes - Title 74. State Government

compensation level as provided in paragraph (18) of Section 902 of

this title, multiplied by the number of years of service with the

Department of Corrections and any years in excess of twenty (20)

years with the Department or years credited to the member in

accordance with the provisions of Section 913 of this title, shall

be calculated for retirement purposes at two percent (2%) of the

final average compensation of the member multiplied by the number of

years of such service. For purposes of this paragraph, "final

average compensation" shall be determined by computing the average

annual salary, in the manner prescribed by paragraph (18) of Section

902 of this title, for the highest three (3) years of the last ten

(10) years of participating service immediately preceding retirement

or termination of employment for all years of service performed by

such member with the Department. Final average compensation shall

be determined by computing the average annual salary for the highest

five (5) of the last ten (10) years of participating service

immediately preceding retirement or termination of employment, with

respect to members whose first participating service occurs on or

after July 1, 2013.

(8) Any person who contributed to the System as a correctional

officer, a probation and parole officer or a fugitive apprehension

agent as provided in paragraph (b) or (c) of subsection (1) of

Section 919.1 of this title, and who retires under normal retirement

or early retirement on or after January 1, 2004, under paragraph

(24) of Section 902 of this title, and any public safety officer

described by paragraph (37) of Section 902 of this title hired on or

after July 1, 2016, by the Grand River Dam Authority and who retires

on or after July 1, 2016, shall have retirement benefits for each

year of full-time-equivalent participating service as a correctional

officer, a probation and parole officer or a fugitive apprehension

agent, or Grand River Dam public safety officer computed on two and

one-half percent (2 1/2%) of the final average compensation based

upon those years as a correctional officer, a probation and parole

officer, a fugitive apprehension agent or a Grand River Dam public

safety officer. For purposes of this paragraph, "final average

compensation" shall be determined by computing the average annual

salary, in the manner prescribed by paragraph (18) of Section 902 of

this title, for the highest three (3) years of the last ten (10)

years of participating service immediately preceding retirement or

termination of employment for all years of service performed by such

member, both for years of service performed as a correctional

officer, probation and parole officer or fugitive apprehension

agent, or years of service performed as a Grand River Dam public

safety officer, not in excess of twenty (20) years, and for years of

service performed in excess of twenty (20) years, whether as a

correctional officer, probation and parole officer, fugitive

apprehension agent, Grand River Dam public safety officer, or other

Oklahoma Statutes - Title 74. State Government

position unless the computation of benefits would result in a lower

retirement benefit amount than if final average compensation were to

be computed as otherwise provided by this paragraph. Final average

compensation shall be determined by computing the average annual

salary for the highest five (5) of the last ten (10) years of

participating service immediately preceding retirement or

termination of employment, with respect to members whose first

participating service occurs on or after July 1, 2013, or with

respect to Grand River Dam public safety officers whose first

participating service occurs on or after July 1, 2016.

(9) Any member who is:

a.

initially on or after July 1, 2002, employed as a

firefighter for the Military Department of the State

of Oklahoma and who retires on or after the member's

normal retirement date shall be entitled to receive an

annual retirement benefit equal to two and one-half

percent (2 1/2%) of the final average compensation of

the member multiplied by the number of years of

service in such service,

b.

(1) a firefighter who performs firefighting services

for the Military Department of the State of

Oklahoma prior to July 1, 2002, and who makes an

election in writing on a form prescribed for this

purpose by the System not later than December 31,

2002, shall be entitled to receive a retirement

benefit based upon two and one-half percent (2

1/2%) of the final average compensation of the

member multiplied by the number of years of

service as a firefighter with the Military

Department of the State of Oklahoma on or after

July 1, 2002. The election authorized by this

subdivision shall be irrevocable once the

election is filed with the System,

(2) a firefighter who performs firefighting services

for the Military Department of the State of

Oklahoma prior to July 1, 2002, and who makes the

election in division (1) of this subparagraph may

also make an election in writing on a form

prescribed for this purpose by the System not

later than December 31, 2002, to receive a

retirement benefit based upon two and one-half

percent (2 1/2%) of the final average

compensation of the member multiplied by the

number of years of service as a firefighter with

the Military Department of the State of Oklahoma

prior to July 1, 2002. The election authorized

by this subdivision shall be irrevocable once the

Oklahoma Statutes - Title 74. State Government

election is filed with the System. Retirement

benefits shall be calculated based upon the two

and one-half percent (2 1/2%) multiplier upon

payment being made pursuant to Section 913.5 of

this title.

(10) Any person who contributes to the System as a deputy

sheriff or county jailer as provided in paragraph (f) of subsection

(1) of Section 919.1 of this title, and who retires under normal

retirement or early retirement under division (v) of subparagraph

(d) of paragraph (24) of Section 902 of this title, shall have

retirement benefits for each year of full-time-equivalent

participating service as a deputy sheriff or county jailer computed

on two and one-half percent (2 1/2%) of the final average

compensation based upon those years as a deputy sheriff or county

jailer, and any years in excess of twenty (20) years as a deputy

sheriff or county jailer, or years credited to the member in

accordance with the provisions of Section 913 of this title, shall

be calculated for retirement purposes at two percent (2%) of the

final average compensation of the member multiplied by the number of

years of such service. For purposes of this paragraph, "final

average compensation" shall be determined by computing the average

annual salary, in the manner prescribed by paragraph (18) of Section

902 of this title, both for years of service performed as a deputy

sheriff or county jailer not in excess of twenty (20) years, and for

years of service performed in excess of twenty (20) years, whether

as a deputy sheriff or county jailer.

(11) Any person who contributes to the System as an emergency

medical service personnel as provided in paragraph (h) of subsection

(1) of Section 919.1 of this title, and who retires under normal

retirement or early retirement under division (vii) of subparagraph

(d) of paragraph (24) of Section 902 of this title, shall have

retirement benefits for each year of full-time-equivalent

participating service as an emergency medical service personnel

computed on two and one-half percent (2 1/2%) of the final average

compensation based upon those years as an emergency medical service

personnel. Any years of full-time-equivalent participating service

in excess of twenty (20) years as an emergency medical personnel, or

years credited to the member in accordance with the provisions of

Section 913 of this title, shall be calculated for retirement

purposes at two percent (2%) of the final average compensation of

the member multiplied by the number of years of such service. For

the purposes of this paragraph, "final average compensation" shall

be determined by computing the average annual salary, in the manner

prescribed by paragraph 18 of Section 902 of this title, both for

years of service performed as an emergency medical personnel not in

excess of twenty (20) years, and for years of service performed in

Oklahoma Statutes - Title 74. State Government

excess of twenty (20) years, as an emergency medical service

personnel.

(12) Upon death of a retiree, there shall be paid to his or her

beneficiary an amount equal to the excess, if any, of his or her

accumulated contributions over the sum of all retirement benefit

payments made.

(13) Such annual retirement benefits shall be paid in equal

monthly installments, except that the Board may provide for the

payment of retirement benefits which total less than Two Hundred

Forty Dollars ($240.00) a year on other than a monthly basis.

(14) Pursuant to the rules established by the Board, a retiree

receiving monthly benefits from the System may authorize warrant

deductions for any products currently offered to active state

employees through the Oklahoma Employees Insurance and Benefits

Board, provided that product is offered to state retirees as a group

and has a minimum participation of five hundred state retirees. The

System has no responsibility for the marketing, enrolling or

administration of such products, but shall retain a processing fee

of two percent (2%) of the gross deductions for the products.

Retirement benefit deductions shall be made for membership dues for

any statewide association for which payroll deductions are

authorized pursuant to subsection B of Section 34.70 of Title 62 of

the Oklahoma Statutes for retired members of any state-supported

retirement system, upon proper authorization given by the member to

the board from which the member or beneficiary is currently

receiving retirement benefits.

B. A member shall be considered disabled if such member

qualifies for the payment of Social Security disability benefits, or

the payment of benefits pursuant to the Railroad Retirement Act of

1974, Section 231 et seq. of Title 45 of the United States Code, and

shall be eligible for benefits hereunder upon proof of such

disability, provided such member is an active regularly scheduled

employee with a participating employer at the time of injury or

inception of illness or disease resulting in subsequent

certification of eligibility for Social Security disability benefits

by reason of such injury, illness or disease, providing such

disability is certified by the Social Security Administration within

one (1) year after the last date physically on the job and after

completion of at least eight (8) years of participating service or

combined prior and participating service or resulting in subsequent

certification of eligibility of disability by the Railroad

Retirement Board providing such certification is made by the

Railroad Retirement Board within one (1) year after the last date

physically on the job and after completion of at least eight (8)

years of participating service or combined prior and participating

service. The member shall submit to the System the Social Security

Award Notice or the Railroad Retirement Award Notice certifying the

Oklahoma Statutes - Title 74. State Government

date of entitlement for disability benefits, as issued by the Social

Security Administration, Department of Health and Human Services or

the Railroad Retirement Board. Disability benefits shall become

effective on the date of entitlement as established by the Social

Security Administration or the Railroad Retirement Board, but not

before the first day of the month following removal from the

payroll, whichever is later, and final approval by the System.

Benefits shall be based upon length of service and compensation as

of the date of disability, without actuarial reduction because of

commencement prior to the normal retirement date. The only optional

form of benefit payment available for disability benefits is Option

A as provided for in Section 918 of this title. Option A must be

elected in accordance with the provisions of Section 918 of this

title. Benefit payments shall cease upon the member's recovery from

disability prior to the normal retirement date. Future benefits, if

any, shall be paid based upon length of service and compensation as

of the date of disability. In the event that disability ceases and

the member returns to employment within the System credited service

to the date of disability shall be restored, and future benefits

shall be determined accordingly.

C. A member who incurred a disability pursuant to subsection B

of this section on or after July 1, 1999, and who has retired from

the System with an early retirement benefit pending certification

from the Social Security Administration or the Railroad Retirement

Board shall receive a retirement benefit not less than the

disability retirement benefit provided by subsection B of this

section once the System receives a Social Security Award Notice or a

Railroad Retirement Award Notice pursuant to subsection B of this

section and a completed application for disability benefits. In

addition, such member shall receive the difference, if any, between

the early retirement benefit and the disability benefit from the

date the Social Security Administration or the Railroad Retirement

Board establishes disability entitlement.

D. Any actively participating member of the System on or after

July 1, 1998, except for those employees provided in subparagraph

(e) of paragraph (14) of Section 902 of this title, whose employment

is less than full-time, shall have his or her final average

compensation calculated on an annualized basis using his or her

hourly wage subject to the maximum compensation limits; provided,

however, any such member whose first participating service occurred

before July 1, 2013, and who has at least three (3) years of fulltime employment during the last ten (10) years immediately preceding

termination or retirement shall not be eligible for the

annualization provisions contained herein; and provided further, any

such member whose first participating service occurred on or after

July 1, 2013, and who has at least five (5) years of full-time

employment during the last ten (10) years immediately preceding

Oklahoma Statutes - Title 74. State Government

termination or retirement shall not be eligible for the

annualization provisions contained herein. The Board of Trustees

shall promulgate such administrative rules as are necessary to

implement the provisions of this subsection.

Added by Laws 1963, c. 50, § 15, emerg. eff. May 6, 1963. Amended

by Laws 1965, c. 432, § 5, emerg. eff. July 9, 1965; Laws 1968, c.

400, § 3, emerg. eff. May 17, 1968; Laws 1970, c. 296, § 6, emerg.

eff. April 28, 1970; Laws 1973, c. 279, § 7, emerg. eff. May 30,

1973; Laws 1975, c. 267, § 5, operative July 1, 1975; Laws 1976, c.

207, § 5, emerg. eff. June 7, 1976; Laws 1979, c. 285, § 9, eff.

July 1, 1979; Laws 1981, c. 316, § 2, eff. July 1, 1981; Laws 1985,

c. 300, § 5, emerg. eff. July 24, 1985; Laws 1986, c. 238, § 7,

operative July 1, 1986; Laws 1989, c. 84, § 1, operative July 1,

1989; Laws 1990, c. 324, § 2, operative July 1, 1990; Laws 1993, c.

322, § 24, emerg. eff. June 7, 1993; Laws 1994, c. 242, § 48; Laws

1994, c. 383, § 10, eff. July 1, 1994; Laws 1995, c. 302, § 5, eff.

July 1, 1995; Laws 1997, c. 129, § 1, eff. July 1, 1997; Laws 1998,

c. 419, § 14, eff. July 1, 1998; Laws 1999, c. 1, § 40, emerg. eff.

Feb. 24, 1999; Laws 1999, c. 257, § 38, eff. July 1, 1999; Laws

2000, c. 379, § 2, eff. July 1, 2000; Laws 2002, c. 233, § 2, eff.

July 1, 2002; Laws 2002, c. 376, § 2, eff. July 1, 2002; Laws 2003,

c. 486, § 7, eff. Jan. 1, 2004; Laws 2004, c. 539, § 3, eff. July 1,

2004; Laws 2005, c. 1, § 138, emerg. eff. March 15, 2005; Laws 2013,

c. 159, § 3, eff. July 1, 2013; Laws 2016, c. 297, § 21, eff. July

1, 2016; Laws 2018, c. 21, § 3, eff. Nov. 1, 2018; Laws 2020, c.

112, § 2, eff. Nov. 1, 2020; Laws 2021, c. 190, § 5, eff. Nov. 1,

2021; Laws 2024, c. 139, § 2, eff. Nov. 1, 2024.

NOTE: Laws 1998, c. 317, § 12 and Laws 1998, c. 360, § 4 repealed

by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999. Laws 2004, c.

536, § 24 repealed by Laws 2005, c. 1, § 139, emerg. eff. March 15,

2005.

§74-915v2. Amount of retirement benefit.

A. (1) Except as otherwise provided in this subsection and as

provided for elected officials in Section 913.4 of this title, any

member who shall retire on or after the member's normal retirement

date shall be entitled to receive an annual retirement benefit equal

to two percent (2%) of the member's final average compensation as

determined pursuant to paragraph (18) of Section 902 of this title,

multiplied by the number of years of credited service that has been

credited to the member in accordance with the provisions of Section

913 of this title other than years credited pursuant to paragraph

(2) of this subsection.

(2) Effective January 1, 2004, except as otherwise provided for

elected officials in Section 913.4 of this title and except for

those members making contributions pursuant to paragraphs (c), (d),

(e) and (f) of subsection (1) of Section 919.1 of this title, any

Oklahoma Statutes - Title 74. State Government

member who shall retire shall be entitled to receive an annual

retirement benefit equal to two and one-half percent (2 1/2%) of the

member's final average compensation as determined pursuant to

paragraph (18) of Section 902 of this title, multiplied by the

number of full years of participating service after January 1, 2004,

that have been credited to the member in accordance with the

provisions of Section 913 of this title and only for those full

years of participating service for which contributions have been

made pursuant to paragraph (g) of subsection (1) of Section 919.1 of

this title. The two and one-half percent (2 1/2%) multiplier shall

not apply to purchased service, purchased or granted military

service or transferred service. In order to receive the two and

one-half percent (2 1/2%) multiplier in computing retirement

benefits, an active member shall make an irrevocable written

election to pay the contributions pursuant to paragraph (g) of

subsection (1) of Section 919.1 of this title. The two and one-half

percent (2 1/2%) multiplier pursuant to this paragraph shall not

apply to additional years of service credit attributed to sick leave

pursuant to paragraph 7 of subsection B of Section 913 of this title

and fractional years pursuant to subsection C of Section 913 of this

title and shall be attributable only to the participating service

credited after the election of the member.

(3) The minimum final average compensation for any person who

becomes a member of the System on or after July 1, 1995:

a.

and who had twenty (20) or more years of credited

service within the System as of the member's

retirement date shall be no less than Thirteen

Thousand Eight Hundred Dollars ($13,800.00) per annum,

b.

and who had at least fifteen (15) but not more than

nineteen (19) years of credited service within the

System as of the member's retirement date shall be no

less than Six Thousand Nine Hundred Dollars

($6,900.00) per annum,

c.

and who had less than fifteen (15) years of credited

service within the System as of the member's

retirement date shall not be eligible for any minimum

amount of final average compensation and the member's

final average compensation shall be the final average

compensation as defined by paragraph (18) of Section

902 of this title.

(4) Provided, further, any member who has elected a vested

benefit pursuant to Section 917 of this title shall be entitled to

receive benefits as outlined in this section except the percent

factor and the member's maximum compensation level in effect the

date the member's employment was terminated with a participating

employer shall be applicable.

Oklahoma Statutes - Title 74. State Government

(5) Any member who is a correctional officer or a probation and

parole officer employed by the Department of Corrections at the time

of retirement and who retires on or before June 30, 2000, shall be

entitled to receive an annual retirement benefit equal to two and

one-half percent (2 1/2%) of the final average compensation of the

member not to exceed Twenty-five Thousand Dollars ($25,000.00) and

two percent (2%) of the final average salary in excess of Twentyfive Thousand Dollars ($25,000.00) but not exceeding the maximum

compensation level as provided in paragraph (9) of Section 902 of

this title, multiplied by the number of years of service as a

correctional officer or a probation and parole officer; provided,

any years accrued prior to July 1, 1990, as a correctional officer

or a probation and parole officer by a member who is employed as a

correctional officer or a probation and parole officer on July 1,

1990, shall be calculated for retirement purposes at two and onequarter percent (2 1/4%) of the final average compensation of the

member not to exceed Twenty-five Thousand Dollars ($25,000.00) and

two percent (2%) of the final average salary in excess of Twentyfive Thousand Dollars ($25,000.00) but not exceeding the maximum

compensation level as provided in paragraph (9) of Section 902 of

this title, multiplied by the number of years of such service and

any years in excess of twenty (20) years as such an officer or years

credited to the member in accordance with the provisions of Section

913 of this title shall be calculated for retirement purposes at two

percent (2%) of the final average compensation of the member

multiplied by the number of years of such service. Any person who

contributes to the System as a correctional officer or a probation

and parole officer as provided in paragraph (b) or (c) of subsection

(1) of Section 919.1 of this title, on or before June 30, 2000, but

who does not make such contributions after June 30, 2000, and who

does not qualify for normal retirement under subparagraph (c) of

paragraph (24) of Section 902 of this title shall have retirement

benefits for each year of full-time-equivalent participating service

as a correctional or a probation and parole officer after July 1,

1990, computed on two and one-half percent (2 1/2%) of the final

average compensation based upon those years as a correctional

officer or a probation and parole officer. Provided, further, any

fugitive apprehension agent shall be entitled to receive benefits as

outlined in this act for service as a fugitive apprehension agent

prior to July 1, 2002, only upon payment to the System of the

employee contributions which would have been paid if such fugitive

apprehension agent had been covered by this section prior to the

effective date of this act, plus interest of not to exceed ten

percent (10%) as determined by the Board. The Department of

Corrections may make the employee contribution and interest payment

on behalf of such member.

Oklahoma Statutes - Title 74. State Government

(6) Any member who is a correctional officer, a probation and

parole officer or a fugitive apprehension agent employed by the

Department of Corrections at the time of retirement and who retires

on or after July 1, 2002, shall be entitled to receive an annual

retirement benefit equal to two and one-half percent (2 1/2%) of the

final average compensation of the member, but not exceeding the

maximum compensation level as provided in paragraph (18) of Section

902 of this title, multiplied by the number of years of service as a

correctional officer, a probation and parole officer or a fugitive

apprehension agent, and any years in excess of twenty (20) years as

such an officer or agent, or years credited to the member in

accordance with the provisions of Section 913 of this title, shall

be calculated for retirement purposes at two percent (2%) of the

final average compensation of the member multiplied by the number of

years of such service. For purposes of this paragraph, "final

average compensation" shall be determined by computing the average

annual salary, in the manner prescribed by paragraph (18) of Section

902 of this title, for the highest three (3) years of the last ten

(10) years of participating service immediately preceding retirement

or termination of employment for all years of service performed by

such member, both for years of service performed as a correctional

officer, probation and parole officer or fugitive apprehension

agent, not in excess of twenty (20) years, and for years of service

performed in excess of twenty (20) years, whether as a correctional

officer, probation and parole officer, fugitive apprehension agent

or other position unless the computation of benefits would result in

a lower retirement benefit amount than if final average compensation

were to be computed as otherwise provided by this paragraph. "Final

average compensation" shall be determined by computing the average

annual salary for the highest five (5) of the last ten (10) years of

participating service immediately preceding retirement or

termination of employment, with respect to members whose first

participating service occurs on or after July 1, 2013.

(7) Any member who is a correctional officer, a probation and

parole officer or a fugitive apprehension agent who has at least

five (5) years of service as a correctional officer, a probation and

parole officer or a fugitive apprehension agent who is in such

position on June 30, 2004, or who is hired after June 30, 2004, in

such position, and who receives a promotion or change in job

classification after June 30, 2004, to another position in the

Department of Corrections, and who is employed by the Department of

Corrections at the time of retirement and who retires on or after

July 1, 2004, shall be entitled to receive an annual retirement

benefit equal to two and one-half percent (2 1/2%) of the final

average compensation of the member, but not exceeding the maximum

compensation level as provided in paragraph (18) of Section 902 of

this title, multiplied by the number of years of service with the

Oklahoma Statutes - Title 74. State Government

Department of Corrections and any years in excess of twenty (20)

years with the Department or years credited to the member in

accordance with the provisions of Section 913 of this title, shall

be calculated for retirement purposes at two percent (2%) of the

final average compensation of the member multiplied by the number of

years of such service. For purposes of this paragraph, "final

average compensation" shall be determined by computing the average

annual salary, in the manner prescribed by paragraph (18) of Section

902 of this title, for the highest three (3) years of the last ten

(10) years of participating service immediately preceding retirement

or termination of employment for all years of service performed by

such member with the Department. "Final average compensation" shall

be determined by computing the average annual salary for the highest

five (5) of the last ten (10) years of participating service

immediately preceding retirement or termination of employment, with

respect to members whose first participating service occurs on or

after July 1, 2013.

(8) Any person who contributed to the System as a correctional

officer, a probation and parole officer or a fugitive apprehension

agent as provided in paragraph (b) or (c) of subsection (1) of

Section 919.1 of this title, and who retires under normal retirement

or early retirement on or after January 1, 2004, under paragraph

(24) of Section 902 of this title, and any public safety officer

described by paragraph (37) of Section 902 of this title hired on or

after the effective date of this act by the Grand River Dam

Authority and who retires on or after the effective date of this

act, shall have retirement benefits for each year of full-timeequivalent participating service as a correctional officer, a

probation and parole officer or a fugitive apprehension agent, or

Grand River Dam public safety officer computed on two and one-half

percent (2 1/2%) of the final average compensation based upon those

years as a correctional officer, a probation and parole officer, a

fugitive apprehension agent or a Grand River Dam public safety

officer. For purposes of this paragraph, "final average

compensation" shall be determined by computing the average annual

salary, in the manner prescribed by paragraph (18) of Section 902 of

this title, for the highest three (3) years of the last ten (10)

years of participating service immediately preceding retirement or

termination of employment for all years of service performed by such

member, both for years of service performed as a correctional

officer, probation and parole officer or fugitive apprehension

agent, or years of service performed as a Grand River Dam public

safety officer, not in excess of twenty (20) years, and for years of

service performed in excess of twenty (20) years, whether as a

correctional officer, probation and parole officer, fugitive

apprehension agent, Grand River Dam public safety officer, or other

position unless the computation of benefits would result in a lower

Oklahoma Statutes - Title 74. State Government

retirement benefit amount than if final average compensation were to

be computed as otherwise provided by this paragraph. "Final average

compensation" shall be determined by computing the average annual

salary for the highest five (5) of the last ten (10) years of

participating service immediately preceding retirement or

termination of employment, with respect to members whose first

participating service occurs on or after July 1, 2013, or with

respect to Grand River Dam public safety officers whose first

participating service occurs on or after the effective date of this

act.

(9) Any member who is:

a.

initially on or after July 1, 2002, employed as a

firefighter for the Oklahoma Military Department and

who retires on or after the member's normal retirement

date shall be entitled to receive an annual retirement

benefit equal to two and one-half percent (2 1/2%) of

the final average compensation of the member

multiplied by the number of years of service in such

service,

b.

(1) a firefighter who performs firefighting services

for the Oklahoma Military Department prior to

July 1, 2002, and who makes an election in

writing on a form prescribed for this purpose by

the System not later than December 31, 2002,

shall be entitled to receive a retirement benefit

based upon two and one-half percent (2 1/2%) of

the final average compensation of the member

multiplied by the number of years of service as a

firefighter with the Oklahoma Military Department

on or after July 1, 2002. The election

authorized by this subdivision shall be

irrevocable once the election is filed with the

System,

(2) a firefighter who performs firefighting services

for the Oklahoma Military Department prior to

July 1, 2002, and who makes the election in

division (1) of this subparagraph may also make

an election in writing on a form prescribed for

this purpose by the System not later than

December 31, 2002, to receive a retirement

benefit based upon two and one-half percent (2

1/2%) of the final average compensation of the

member multiplied by the number of years of

service as a firefighter with the Oklahoma

Military Department prior to July 1, 2002. The

election authorized by this subdivision shall be

irrevocable once the election is filed with the

Oklahoma Statutes - Title 74. State Government

System. Retirement benefits shall be calculated

based upon the two and one-half percent (2 1/2%)

multiplier upon payment being made pursuant to

Section 913.5 of this title.

(10) Any person who contributes to the System as a deputy

sheriff or county jailer as provided in paragraph (f) of subsection

(1) of Section 919.1 of this title, and who was:

a.

employed by a participating employer in the System

for the first time as a deputy sheriff or jailer on

or after November 1, 2020, and who retires under

normal retirement or early retirement under division

(v) of subparagraph (d) of paragraph (24) of Section

902 of this title, shall have retirement benefits for

each year of full-time-equivalent participating

service as a deputy sheriff or county jailer computed

on two and one-half percent (2 1/2%) of the final

average compensation based upon those years as a

deputy sheriff or county jailer, and any years in

excess of twenty (20) years as a deputy sheriff or

county jailer, or years credited to the member in

accordance with the provisions of Section 913 of this

title, shall be calculated for retirement purposes at

two percent (2%) of the final average compensation of

the member multiplied by the number of years of such

service, or

b.

(1) employed by a participating employer in the

System for the first time as a deputy sheriff or

county jailer before November 1, 2020, and who

retires under the normal retirement or early

retirement under division (vi) of subparagraph

(d) of paragraph (24) of Section 902 of this

title, shall be entitled to receive a retirement

benefit based on two and one-half percent (2

1/2%) of the final average compensation of the

member multiplied based on the number of years of

service as a deputy sheriff or county jailer with

any county participating in the System on or

after November 1, 2024,

(2) employed by a participating employer in the

System for the first time as a deputy sheriff or

county jailer before November 1, 2020, and who

retires under the normal retirement or early

retirement under division (vi) of subparagraph

(d) of paragraph (24) of Section 902 of this

title, and who makes an election in writing not

later than July 1, 2026, on a form prescribed for

this purpose by the System, shall be entitled to

Oklahoma Statutes - Title 74. State Government

a retirement benefit based upon two and one-half

percent (2 1/2%) of the final average

compensation of the member multiplied by the

number of years of service prior to November 1,

2024, as a deputy sheriff or county jailer

employed by any county that is a participating

employer in the System. The election authorized

by this subparagraph shall be irrevocable once

the election is filed with the System.

Retirement benefits shall be calculated based

upon the two and one-half percent (2 1/2%)

multiplier upon payment being made pursuant to

Section 913.5 of this title. Any person

otherwise qualifying under this subparagraph, but

who is not employed as a deputy sheriff or county

jailer on November 1, 2024, and who is reemployed

as a deputy sheriff or county jailer with a

county that is a participating employer in the

System after November 1, 2024, shall have six (6)

months from the initial date of reemployment to

make the election authorized in this

subparagraph. The actuarial purchase of any

service credit accrued prior to November 1, 2024,

as a deputy sheriff or county jailer employed by

a county that is a participating employer in the

System as set forth in this subparagraph shall

cancel such corresponding service and shall not

be used to compute the retirement benefit under

any other provision except as provided in this

subparagraph. In no event shall the service

purchased under this subparagraph cause the

member to receive a retirement benefit for the

same service in any other plan. Any purchased

service under this subparagraph shall comply with

the applicable provisions of the Internal Revenue

Code and rules adopted by the Board of Trustees.

c.

For purposes of paragraph (10), "final average

compensation" shall be determined by computing the

average annual salary, in the manner prescribed by

paragraph (18) of Section 902 of this title, both for

years of service performed as a deputy sheriff or

county jailer not in excess of twenty (20) years, and

for years of service performed in excess of twenty

(20) years, whether as a deputy sheriff or county

jailer.

(11) Upon death of a retiree, there shall be paid to his or her

beneficiary an amount equal to the excess, if any, of his or her

Oklahoma Statutes - Title 74. State Government

accumulated contributions over the sum of all retirement benefit

payments made.

(12) Such annual retirement benefits shall be paid in equal

monthly installments, except that the Board may provide for the

payment of retirement benefits which total less than Two Hundred

Forty Dollars ($240.00) a year on other than a monthly basis.

(13) Pursuant to the rules established by the Board, a retiree

receiving monthly benefits from the System may authorize warrant

deductions for any products currently offered to active state

employees through the Employees Benefits Council, provided that

product is offered to state retirees as a group and has a minimum

participation of five hundred state retirees. The System has no

responsibility for the marketing, enrolling or administration of

such products, but shall retain a processing fee of two percent (2%)

of the gross deductions for the products. Retirement benefit

deductions shall be made for membership dues for any statewide

association for which payroll deductions are authorized pursuant to

subsection B of Section 34.70 of Title 62 of the Oklahoma Statutes

for retired members of any state-supported retirement system, upon

proper authorization given by the member to the board from which the

member or beneficiary is currently receiving retirement benefits.

B. A member shall be considered disabled if such member

qualifies for the payment of Social Security disability benefits, or

the payment of benefits pursuant to the Railroad Retirement Act of

1974, Section 231 et seq. of Title 45 of the United States Code, and

shall be eligible for benefits hereunder upon proof of such

disability, provided such member is an active regularly scheduled

employee with a participating employer at the time of injury or

inception of illness or disease resulting in subsequent

certification of eligibility for Social Security disability benefits

by reason of such injury, illness or disease, providing such

disability is certified by the Social Security Administration within

one (1) year after the last date physically on the job and after

completion of at least eight (8) years of participating service or

combined prior and participating service or resulting in subsequent

certification of eligibility of disability by the Railroad

Retirement Board providing such certification is made by the

Railroad Retirement Board within one (1) year after the last date

physically on the job and after completion of at least eight (8)

years of participating service or combined prior and participating

service. The member shall submit to the Retirement System the

Social Security Award Notice or the Railroad Retirement Award Notice

certifying the date of entitlement for disability benefits, as

issued by the Social Security Administration, Department of Health

and Human Services or the Railroad Retirement Board. Disability

benefits shall become effective on the date of entitlement as

established by the Social Security Administration or the Railroad

Oklahoma Statutes - Title 74. State Government

Retirement Board, but not before the first day of the month

following removal from the payroll, whichever is later, and final

approval by the Retirement System. Benefits shall be based upon

length of service and compensation as of the date of disability,

without actuarial reduction because of commencement prior to the

normal retirement date. The only optional form of benefit payment

available for disability benefits is Option A as provided for in

Section 918 of this title. Option A must be elected in accordance

with the provisions of Section 918 of this title. Benefit payments

shall cease upon the member's recovery from disability prior to the

normal retirement date. Future benefits, if any, shall be paid

based upon length of service and compensation as of the date of

disability. In the event that disability ceases and the member

returns to employment within the System credited service to the date

of disability shall be restored, and future benefits shall be

determined accordingly.

C. A member who incurred a disability pursuant to subsection B

of this section on or after July 1, 1999, and who has retired from

the System with an early retirement benefit pending certification

from the Social Security Administration or the Railroad Retirement

Board shall receive a retirement benefit not less than the

disability retirement benefit provided by subsection B of this

section once the System receives a Social Security Award Notice or a

Railroad Retirement Award Notice pursuant to subsection B of this

section and a completed Application for Disability Benefits. In

addition, such member shall receive the difference, if any, between

the early retirement benefit and the disability benefit from the

date the Social Security Administration or the Railroad Retirement

Board establishes disability entitlement.

D. Any actively participating member of the System on or after

July 1, 1998, except for those employees provided in subparagraph

(e) of paragraph (14) of Section 902 of this title, whose employment

is less than full-time, shall have his or her final average

compensation calculated on an annualized basis using his or her

hourly wage subject to the maximum compensation limits; provided,

however, any such member whose first participating service occurred

before July 1, 2013, and who has at least three (3) years of fulltime employment during the last ten (10) years immediately preceding

termination or retirement shall not be eligible for the

annualization provisions contained herein; and provided further, any

such member whose first participating service occurred on or after

July 1, 2013, and who has at least five (5) years of full-time

employment during the last ten (10) years immediately preceding

termination or retirement shall not be eligible for the

annualization provisions contained herein. The Board of Trustees

shall promulgate such administrative rules as are necessary to

implement the provisions of this subsection.

Oklahoma Statutes - Title 74. State Government

Added by Laws 1963, c. 50, § 15, emerg. eff. May 6, 1963. Amended

by Laws 1965, c. 432, § 5, emerg. eff. July 9, 1965; Laws 1968, c.

400, § 3, emerg. eff. May 17, 1968; Laws 1970, c. 296, § 6, emerg.

eff. April 28, 1970; Laws 1973, c. 279, § 7, emerg. eff. May 30,

1973; Laws 1975, c. 267, § 5, operative July 1, 1975; Laws 1976, c.

207, § 5, emerg. eff. June 7, 1976; Laws 1979, c. 285, § 9, eff.

July 1, 1979; Laws 1981, c. 316, § 2, eff. July 1, 1981; Laws 1985,

c. 300, § 5, emerg. eff. July 24, 1985; Laws 1986, c. 238, § 7,

operative July 1, 1986; Laws 1989, c. 84, § 1, operative July 1,

1989; Laws 1990, c. 324, § 2, operative July 1, 1990; Laws 1993, c.

322, § 24, emerg. eff. June 7, 1993; Laws 1994, c. 242, § 48; Laws

1994, c. 383, § 10, eff. July 1, 1994; Laws 1995, c. 302, § 5, eff.

July 1, 1995; Laws 1997, c. 129, § 1, eff. July 1, 1997; Laws 1998,

c. 419, § 14, eff. July 1, 1998; Laws 1999, c. 1, § 40, emerg. eff.

Feb. 24, 1999; Laws 1999, c. 257, § 38, eff. July 1, 1999; Laws

2000, c. 379, § 2, eff. July 1, 2000; Laws 2002, c. 233, § 2, eff.

July 1, 2002; Laws 2002, c. 376, § 2, eff. July 1, 2002; Laws 2003,

c. 486, § 7, eff. Jan. 1, 2004; Laws 2004, c. 539, § 3, eff. July 1,

2004; Laws 2005, c. 1, § 138, emerg. eff. March 15, 2005; Laws 2013,

c. 159, § 3, eff. July 1, 2013; Laws 2016, c. 297, § 21, eff. July

1, 2016; Laws 2018, c. 21, § 3, eff. Nov. 1, 2018; Laws 2020, c.

112, § 2, eff. Nov. 1, 2020; Laws 2021, c. 190, § 5, eff. Nov. 1,

2021; Laws 2024, c. 280, § 2, eff. Nov. 1, 2024.

NOTE: Laws 1998, c. 317, § 12 and Laws 1998, c. 360, § 4 repealed

by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999. Laws 2004, c.

536, § 24 repealed by Laws 2005, c. 1, § 139, emerg. eff. March 15,

2005.