EXPRESSED BY LANGUAGE THEREIN EMPLOYED. MATTER OF PHILLIPS PETROLEUM CO., 652 P.2D 283 (OKL. 1982).
A STRAIGHTFORWARD INTERPRETATION OF 19 O.S. 952 (1981) LEAVES THE COMPLETE MANAGEMENT AND CONTROL OF A COUNTY EMPLOYEES' RETIREMENT SYSTEM IN THE HANDS OF THE PARTICULAR BOARD MEMBERS OF THAT COUNTY. SECTION 952 EXPLICITLY STATES THE BOARD MEMBERS ARE TO PROVIDE FOR THE CONTROL AND MANAGEMENT OF SUCH SYSTEM AS WELL AS THE QUALIFICATIONS OF THE PERSONS ELIGIBLE FOR RETIREMENT BENEFITS AND OTHER SUCH RULES AND REGULATIONS THE BOARD OF TRUSTEES SHALL DETERMINE NECESSARY FOR PROPER REGULATION OF THE SYSTEM. CONSEQUENTLY, THE BOARD WOULD HAVE THE AUTHORITY TO ESTABLISH PARTICULAR RULES AND REGULATIONS RELATING TO SUCH "WAR VETERANS", AND WHETHER THEIR SERVICE CREDIT SHOULD BE GIVEN TO THEM IMMEDIATELY UPON APPLICATION FOR SUCH CREDIT OR ONLY AFTER THE COUNTY EMPLOYEE HAS BECOME VESTED UNDER THE PARTICULAR RETIREMENT SYSTEM.
THEREFORE, IN LIGHT OF THE FORGOING STATUTES AND CASE LAW, THE BOARD OF TRUSTEES OF A COUNTY EMPLOYEE RETIREMENT FUND AND SYSTEM, PURSUANT TO 19 O.S. 951 ET SEQ., AS AMENDED, HAS THE AUTHORITY TO RESTRICT OR PROHIBIT CREDIT FOR SERVICE AS A "WAR VETERAN", AS DEFINED BY 72 O.S. 67.13(A) (1989), FROM BEING RECEIVED UNTIL AFTER THE COUNTY EMPLOYEE HAS BECOME VESTED UNDER THE PARTICULAR COUNTY EMPLOYEES' RETIREMENT SYSTEM.
THIS RESPONSE DOES NOT CONSTITUTE AN OFFICIAL OPINION OF THE ATTORNEY GENERAL BUT, RATHER REPRESENTS MY VIEWS ON THE LAW RELEVANT TO YOUR INQUIRY. I HOPE YOU FIND THESE COMMENTS USEFUL; IF I CAN BE OF FURTHER ASSISTANCE, PLEASE FEEL FREE TO CALL ON ME.
(ROBERT T. RALEY)