Oklahoma § 74-919.1 - See the following versions:

§ 74-919.1. See the following versions:

OS 74-919.1v1 (HB 1805, Laws 2024, c. 139, § 4).

OS 74-919.1v2 (HB 1068, Laws 2024, c. 280, § 4).

§74-919.1v1. Employee contribution – Rate – Deduction – Remittance

- Picked up contributions – Refund.

(1) Employee contributions to the Oklahoma Public Employees

Retirement System shall be:

(a) for employees except as otherwise provided in

paragraphs (b), (c), (d), (e), (f), (g), and (h) of

this subsection: beginning July 1, 2006, and

thereafter, three and one-half percent (3.5%) of

allowable annual compensation,

(b) for correctional officers and probation and parole

officers employed by the Department of Corrections:

beginning July 1, 1998, and thereafter, and for

correctional officers or probation and parole officers

who are in such position on June 30, 2004, or who are

hired after June 30, 2004, and who receive a promotion

or change in job classification after June 30, 2004,

to another position in the Department of Corrections,

so long as such officers have at least five (5) years

of service as a correctional officer or probation and

parole officer, eight percent (8%) of allowable

compensation as provided in paragraph (9) of Section

902 of this title,

(c) for fugitive apprehension agents who are employed with

the Department of Corrections on or after July 1,

2002, and for fugitive apprehension agents who are in

such position on June 30, 2004, or who are hired after

June 30, 2004, and who receive a promotion or change

in job classification after June 30, 2004, to another

position in the Department of Corrections, so long as

such agents have at least five (5) years of service as

a fugitive apprehension agent, eight percent (8%) of

allowable compensation as provided in paragraph (9) of

Section 902 of this title,

Oklahoma Statutes - Title 74. State Government

(d)

for firefighters of the Military Department of the

State of Oklahoma first employed beginning July 1,

2002, and thereafter, and such firefighters who

performed service prior to July 1, 2002, for the

Military Department of the State of Oklahoma and who

make the election authorized by division (1) of

subparagraph b of paragraph (9) of subsection A of

Section 915 of this title who perform service on or

after July 1, 2002, in such capacity, eight percent

(8%) of allowable compensation as provided in

paragraph (9) of Section 902 of this title,

(e) for all public safety officers of the Grand River Dam

Authority as defined by paragraph (37) of Section 902

of this title, eight percent (8%) of allowable

compensation as provided in paragraph (9) of Section

902 of this title,

(f) for deputy sheriffs and county jailers employed by any

county that is a participating employer in the System

for the first time as a deputy sheriff or jailer on or

after November 1, 2020, eight percent (8%) of

allowable compensation as provided in paragraph (9) of

Section 902 of this title,

(g) for licensed emergency medical personnel employed by

any participating employer as a licensed emergency

medical personnel for the first time on or after the

effective date of this act, eight percent (8%) of

allowable compensation as provided in paragraph (9) of

Section 902 of this title, and

(h) for all employees except those who make contributions

pursuant to paragraphs (b), (c), (d), (e), (f), and

(g) of this subsection who make an irrevocable written

election pursuant to paragraph (2) of subsection A of

Section 915 of this title: six and forty-one onehundredths percent (6.41%) of allowable annual

compensation.

The contributions required by paragraphs (b), (c), (e), (f),

(g), and (h) of this subsection shall be made by a member for not

more than twenty (20) years and thereafter shall be as provided in

paragraph (a) of this subsection.

(2) Contributions shall be deducted by each state agency by the

participating employer for such benefits as the Board is authorized

to administer as provided for by law. Employee and employer

contributions shall be remitted monthly, or as the Board may

otherwise provide, to the Executive Director for deposit in the

Oklahoma Public Employees Retirement Fund.

(3) Each participating employer shall pick up under the

provisions of Section 414(h)(2) of the Internal Revenue Code of 1986

Oklahoma Statutes - Title 74. State Government

and pay the contribution which the member is required by law to make

to the System for all compensation earned after December 31, 1988.

Although the contributions so picked up are designated as member

contributions, such contributions shall be treated as contributions

being paid by the participating employer in lieu of contributions by

the member in determining tax treatment under the Internal Revenue

Code of 1986 and such picked up contributions shall not be

includable in the gross income of the member until such amounts are

distributed or made available to the member or the beneficiary of

the member. The member, by the terms of this System, shall not have

any option to choose to receive the contributions so picked up

directly and the picked up contributions must be paid by the

participating employer to the System.

Member contributions which are picked up shall be treated in the

same manner and to the same extent as member contributions made

prior to the date on which member contributions were picked up by

the participating employer. Member contributions so picked up shall

be included in gross salary for purposes of determining benefits and

contributions under the System.

The participating employer shall pay the member contributions

from the same source of funds used in paying salary to the member,

by effecting an equal cash reduction in gross salary of the member.

(4) By September 1, 1989, the System shall refund the

accumulated employee contributions of any member who elects to

retain the member's membership in the Teachers' Retirement System of

Oklahoma, in accordance with Section 17-104 of Title 70 of the

Oklahoma Statutes, to such member. Upon the refund of the

accumulated employee contributions referred to in this subsection,

all benefits and rights accrued to such member are terminated.

Added by Laws 1980, c. 317, § 7, eff. July 1, 1980. Amended by Laws

1983, c. 246, § 1, emerg. eff. June 21, 1983; Laws 1984, c. 267, §

3, operative July 1, 1984; Laws 1987, c. 206, § 92, operative July

1, 1987 (vetoed); Laws 1987, c. 236, § 188, emerg. eff. July 20,

1987; Laws 1988, c. 267, § 34, operative January 1, 1989; Laws 1989,

c. 327, § 8, eff. July 1, 1989; Laws 1990, c. 324, § 4, operative

July 1, 1990; Laws 1994, c. 383, § 11, eff. July 1, 1994; Laws 1998,

c. 317, § 13, eff. July 1, 1998; Laws 2000, c. 379, § 3, eff. July

1, 2000; Laws 2002, c. 233, § 4, eff. July 1, 2002; Laws 2002, c.

376, § 4, eff. July 1, 2002; Laws 2003, c. 486, § 8, eff. Jan. 1,

2004; Laws 2004, c. 539, § 5, eff. July 1, 2004; Laws 2006, 2nd Ex.

Sess., c. 46, § 34, eff. July 1, 2006; Laws 2016, c. 297, § 22, eff.

July 1, 2016; Laws 2020, c. 112, § 4, eff. Nov. 1, 2020; Laws 2024,

c. 139, § 4, eff. Nov. 1, 2024.

§74-919.1v2. Employee contribution – Rate – Deduction – Remittance

- Picked up contributions – Refund.

(1) Employee contributions to the System shall be:

Oklahoma Statutes - Title 74. State Government

(a)

(b)

(c)

(d)

(e)

(f)

for employees except as otherwise provided in

paragraphs (b), (c), (d), (e), (f) and (g) of this

subsection: beginning July 1, 2006, and thereafter,

three and one-half percent (3.5%) of allowable annual

compensation;

for correctional officers and probation and parole

officers employed by the Department of Corrections:

beginning July 1, 1998, and thereafter, and for

correctional officers or probation and parole officers

who are in such position on June 30, 2004, or who are

hired after June 30, 2004, and who receive a promotion

or change in job classification after June 30, 2004,

to another position in the Department of Corrections,

so long as such officers have at least five (5) years

of service as a correctional officer or probation and

parole officer, eight percent (8%) of allowable

compensation as provided in paragraph (9) of Section

902 of this title;

for fugitive apprehension agents who are employed with

the Department of Corrections on or after July 1,

2002, and for fugitive apprehension agents who are in

such position on June 30, 2004, or who are hired after

June 30, 2004, and who receive a promotion or change

in job classification after June 30, 2004, to another

position in the Department of Corrections, so long as

such agents have at least five (5) years of service as

a fugitive apprehension agent, eight percent (8%) of

allowable compensation as provided in paragraph (9) of

Section 902 of this title;

for firefighters of the Oklahoma Military Department

first employed beginning July 1, 2002, and thereafter,

and such firefighters who performed service prior to

July 1, 2002, for the Oklahoma Military Department and

who make the election authorized by division (1) of

subparagraph b of paragraph (9) of subsection A of

Section 915 of this title who perform service on or

after July 1, 2002, in such capacity, eight percent

(8%) of allowable compensation as provided in

subsection (9) of Section 902 of this title;

for all public safety officers of the Grand River Dam

Authority as defined by paragraph (37) of Section 902

of this title, eight percent (8%) of allowable

compensation as provided in paragraph (9) of Section

902 of this title;

for deputy sheriffs and county jailers employed by any

county that is a participating employer in the System

for the first time as a deputy sheriff or jailer on or

Oklahoma Statutes - Title 74. State Government

after November 1, 2020, or beginning November 1, 2024,

those deputy sheriffs and county jailers employed by

any county that is a participating employer in the

System for the first time as a deputy sheriff or

county jailer before November 1, 2020, eight percent

(8%) of allowable compensation as provided in

paragraph (9) of Section 902 of this title; and

(g) for all employees except those who make contributions

pursuant to paragraphs (b), (c), (d), (e) and (f) of

this subsection who make an irrevocable written

election pursuant to paragraph (2) of subsection A of

Section 915 of this title: six and forty-one onehundredths percent (6.41%) of allowable annual

compensation.

The contributions required by paragraphs (b), (c), (e), and (f)

of this subsection shall be made by a member for not more than

twenty (20) years and thereafter shall be as provided in paragraph

(a) of this subsection.

(2) Contributions shall be deducted by each state agency by the

participating employer for such benefits as the Board is authorized

to administer as provided for by law. Employee and employer

contributions shall be remitted monthly, or as the Board may

otherwise provide, to the Executive Director for deposit in the

Oklahoma Public Employees Retirement Fund.

(3) Each participating employer shall pick up under the

provisions of Section 414(h)(2) of the Internal Revenue Code of 1986

and pay the contribution which the member is required by law to make

to the System for all compensation earned after December 31, 1988.

Although the contributions so picked up are designated as member

contributions, such contributions shall be treated as contributions

being paid by the participating employer in lieu of contributions by

the member in determining tax treatment under the Internal Revenue

Code of 1986 and such picked up contributions shall not be

includable in the gross income of the member until such amounts are

distributed or made available to the member or the beneficiary of

the member. The member, by the terms of this System, shall not have

any option to choose to receive the contributions so picked up

directly and the picked up contributions must be paid by the

participating employer to the System.

Member contributions which are picked up shall be treated in the

same manner and to the same extent as member contributions made

prior to the date on which member contributions were picked up by

the participating employer. Member contributions so picked up shall

be included in gross salary for purposes of determining benefits and

contributions under the System.

Oklahoma Statutes - Title 74. State Government

The participating employer shall pay the member contributions

from the same source of funds used in paying salary to the member,

by effecting an equal cash reduction in gross salary of the member.

(4) By September 1, 1989, the System shall refund the

accumulated employee contributions of any member who elects to

retain the member's membership in the Teachers' Retirement System of

Oklahoma, in accordance with Section 17-104 of Title 70 of the

Oklahoma Statutes, to such member. Upon the refund of the

accumulated employee contributions referred to in this subsection,

all benefits and rights accrued to such member are terminated.

Added by Laws 1980, c. 317, § 7, eff. July 1, 1980. Amended by Laws

1983, c. 246, § 1, emerg. eff. June 21, 1983; Laws 1984, c. 267, §

3, operative July 1, 1984; Laws 1987, c. 206, § 92, operative July

1, 1987 (vetoed); Laws 1987, c. 236, § 188, emerg. eff. July 20,

1987; Laws 1988, c. 267, § 34, operative January 1, 1989; Laws 1989,

c. 327, § 8, eff. July 1, 1989; Laws 1990, c. 324, § 4, operative

July 1, 1990; Laws 1994, c. 383, § 11, eff. July 1, 1994; Laws 1998,

c. 317, § 13, eff. July 1, 1998; Laws 2000, c. 379, § 3, eff. July

1, 2000; Laws 2002, c. 233, § 4, eff. July 1, 2002; Laws 2002, c.

376, § 4, eff. July 1, 2002; Laws 2003, c. 486, § 8, eff. Jan. 1,

2004; Laws 2004, c. 539, § 5, eff. July 1, 2004; Laws 2006, 2nd Ex.

Sess., c. 46, § 34, eff. July 1, 2006; Laws 2016, c. 297, § 22, eff.

July 1, 2016; Laws 2020, c. 112, § 4, eff. Nov. 1, 2020; Laws 2024,

c. 280, § 4, eff. Nov. 1, 2024.