V. PIPER AIRCRAFT CORP., 665 P.2D 315 (OKLA. 1983). 47 O.S. 2-305.2 INDICATES THAT A PERSON WHO CHOOSES TO TAKE PART IN THE OPTION PLAN DOES NOT RETIRE. INDEED, 47 O.S. 2-305.2(A) PROVIDES THAT THE OPTION PLAN IS "IN LIEU OF TERMINATING EMPLOYMENT." THUS, THE MEMBER'S EMPLOYMENT STATUS DOES NOT CHANGE. THE ONLY CHANGE IS THAT THE MEMBER CEASES TO CONTRIBUTE TO OLERS. 47 O.S. 2-305.2(D). THE MEMBER'S MONTHLY RETIREMENT BENEFIT IS PAID INTO OPTION PLAN WHILE THE MEMBER CONTINUES TO WORK AND RECEIVE A PAYCHECK. ID. AFTER FIVE YEARS THE MEMBER IS REQUIRED TO RETIRE AND WILL THEN RECEIVE BOTH THE MONTHLY RETIREMENT PENSION AND THE MONTHLY PENSION PAID INTO THE OPTION PLAN. 47 O.S. 2-305.2(C).
A PLAIN READING OF 47 O.S. 2-307.2 WOULD REFLECT THAT THIS SECTION HAS APPLICATION TO ANY MEMBER WHO "RETIRES OR TERMINATES EMPLOYMENT" ONLY. 47 O.S. 2-307.2. THUS, SINCE THE OPTION PLAN IS IN LIEU OF RETIREMENT, 2-307.2 CREDIT WOULD HAVE NO BEARING ON THE SERVICE CREDIT NECESSARY TO JOIN THE OPTION PLAN. INSTEAD, IT APPEARS TO BE APPLICABLE TO "CREDITED SERVICE" AS DEFINED BY 47 O.S. 2-300(9), WHICH PROVIDES, IN PART:
""CREDITED SERVICE" MEANS THE PERIOD OF SERVICE USED TO DETERMINE THE AMOUNT OF BENEFITS PAYABLE TO A MEMBER."
IN ADDITION, 47 O.S. 2-305.2(B) SPECIFICALLY PROVIDES THAT CREDITABLE SERVICE FOR THE OPTION PLAN SHALL INCLUDE CREDIT PURSUANT TO 2300 THROUGH 2-305.1 OF TITLE 47, BUT FOR ELIGIBILITY PURPOSES ONLY. THIS WOULD INDICATE A LEGISLATIVE INTENT TO EXCLUDE SICK LEAVE CREDIT UNDER 47 O.S. 2-307.2.
THUS, WHILE A MEMBER WHO WISHES TO TAKE ADVANTAGE OF THE OPTION PLAN MUST HAVE 20 YEARS OF CREDITED SERVICE PURSUANT TO 2-300 THROUGH 2-305.1 AND EXCLUDING SICK LEAVE CREDIT, AFTER THE MEMBER IS ELIGIBLE FOR THE OPTION PLAN, SICK LEAVE CREDIT MAY BE INCLUDED IN THE CALCULATION OF THE IT IS, THEREFORE, THE OPINION OF THE UNDERSIGNED ATTORNEY THAT SICK LEAVE BENEFITS UNDER 47 O.S. 2-307.2, SHALL NOT BE CREDITED TO A STATE EMPLOYEE WHO ELECTS TO ENTER THE OKLAHOMA LAW ENFORCEMENT DEFERRED OPTION PLAN PURSUANT TO 47 O.S. 2-305.2. MEMBER S RETIREMENT PENSION PURSUANT TO 47 O.S. 2-307.2.
(JAMES ROBERT JOHNSON)