Title: Short Title: Public retirement systems; Oklahoma Police Pension and Retirement System; deputy police chief; effective date; emergency
Author: lindac
Last saved by: sessa
Company: Oklahoma House of Reps

RBH No. 5353

THOMAS E. CUMMINS  CONSULTING ACTUARY, INC.
2512 E. 71^st  Street ,  Suite D ∙  Tulsa, Oklahoma 74136                             (918) 492-9658  ∙ (918) 492- 9659

ENGROSSED HOUSE
BILL NO. 1656	By:	Enns of the House

			   and

		Brown of the Senate

An Act relating to the Oklahoma Police Pension and Retirement System; amending 11 O.S. 2001, Section 50-112, as last amended by Section 1, Chapter 434, O.S.L. 2004 (11 O.S. Supp. 2010, Section 50-112), which relates to exemption from membership; modifying exemption from membership in the retirement system; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     11 O.S. 2001, Section 50-112, as last amended by Section 1, Chapter 434, O.S.L. 2004 (11 O.S. Supp. 2010, Section 50-112), is amended to read as follows:
Section 50-112.  A.  All persons employed as full-time duly appointed or elected officers who are paid for working more than twenty-five (25) hours per week or any person hired by a participating municipality who is undergoing police training to become a permanent police officer of the municipality shall participate in the System upon initial employment with a police department of a participating municipality.  All such persons shall submit to a physical-medical examination pertaining to sight, hearing, agility and other conditions the requirements of which shall be established by the State Board.  The person shall be required to complete this physical-medical examination prior to the beginning of actual employment.  This examination shall identify any preexisting conditions.  Except as otherwise provided in this section, a police officer shall be not less than twenty-one (21) nor more than forty-five (45) years of age when accepted for membership in the System.  However, if a municipality should be found to be in noncompliance with the provisions of Article 50 of this title, as determined by the State Board, then any current full-time active police officer employed by a municipality as of July 1, 2001, shall not be denied eligibility to participate in the Oklahoma Police Pension and Retirement System solely due to age.  The State Board shall have authority to deny or revoke membership of any person submitting false information in such person's membership application.  The State Board shall have final authority in determining eligibility for membership in the System, pursuant to the provisions of this article.
B.  The police chief or deputy chief of any participating municipality may be exempt from membership in the System or may become a member provided the member is not a retired member and the requirements of this section are met at the time of employment.
C.  A member of the System who has attained his or her normal retirement date may, if the member so elects, agree to terminate employment and retire as a member of the System and make an election to receive distributions from the System.  If a retired member is reemployed by a participating municipality in the position of police chief or in a position which is not covered by the System, retirement shall include receipt by such retired member of in-service distributions from the System.
D.  A former member of the System who terminates from covered employment and who has neither retired from the System nor entered the Oklahoma Police Deferred Option Plan and is later employed in a covered position with a participating municipality shall not be denied eligibility to become a member of the System because he or she is forty-five (45) years of age or older.  If such member has withdrawn his or her contributions prior to re-entering the System and the member desires to receive credit for such prior service, then the member shall pay back such contributions and interest pursuant to Section 50-111.1 of this title.
E.  Notwithstanding any other provision of law to the contrary, a municipality that employs two (2) or fewer full-time police officers may employ a police officer who is more than forty-five (45) years of age and who has never participated in the Oklahoma Police Pension and Retirement System, but such police officer shall not be eligible to participate in the System.  Such police officer shall be counted in the limitation imposed by this subsection.
SECTION 2.  This act shall become effective July 1, 2011.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the House of Representatives the 17th day of March, 2011.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2011.

	
Presiding Officer of the Senate

ENGR. H. B. NO. 1656	Page