NOT DEFINED IN THE ACT.
WORDS NOT DEFINED BY THE LEGISLATURE ARE TO BE UNDERSTOOD IN THEIR ORDINARY SENSE, EXCEPT WHERE A CONTRARY INTENTION PLAINLY APPEARS. 25 O.S. 1 (1991). OF COURSE, AS ALWAYS, IT IS NECESSARY TO SEEK AND GIVE EFFECT TO THE LEGISLATIVE INTENT OF A STATUTE. HESS V. EXCISE BOARD OF MCCURTAIN COUNTY, 698 P.2D 930 (OKLA.1985.) FURTHER, A STATUTE SHOULD BE CONSTRUED TO PRODUCE A REASONABLE RESULT AND TO PROMOTE, RATHER THAN DEFEAT, THE GENERAL PURPOSE AND POLICY OF THE LAW. PHELPS. V. STATE, 598 P.2D 254 (OKL.CR.1979).
THE GENERAL PURPOSE AND POLICY OF THE ACT IS TO PROVIDE A RETIREMENT SYSTEM FOR THOSE MEMBERS DEFINED IN 47 O.S. 2-300(5) OF THE ACT. TITLE 47 O.S. 2-305.2 ALLOWS FOR A DEFERRED OPTION PLAN (THE "PLAN") FOR MEMBERS WHO WISH TO CONTINUE TO WORK AND SO ENJOY A LARGER RETIREMENT BENEFIT. HOWEVER, THAT SECTION REQUIRES THAT AT THE END OF THE DEFERRAL PERIOD, THE MEMBER MUST TERMINATE EMPLOYMENT WITH STATE LAW ENFORCEMENT AGENCIES AS AN OFFICER AND BEGIN TO DRAW HIS OR HER RETIREMENT PENSION. WHILE THAT SECTION PROVIDES THAT THE MEMBER CANNOT WORK THEREAFTER FOR "STATE LAW ENFORCEMENT AGENCIES AS AN OFFICER," THE BROADER LANGUAGE USED IN 47 O.S. 2-300(5) AS TO WHO MAY BE A MEMBER OF OLERS INDICATES AN INTENT BY THE LEGISLATURE TO REQUIRE THAT THE PROHIBITION BE BROADLY CONSTRUED TO MEAN ANY OF THE POSITIONS COVERED BY OLERS.
INDEED, "MEMBER" INCLUDES MORE THAN OFFICERS. A MEMBER OF OLERS IS AUTHORIZED TO ENROLL IN THE PLAN FOR A MAXIMUM OF FIVE (5) YEARS. THUS, AT THE CONCLUSION OF THE MAXIMUM TERM IN THE PLAN, THE MEMBER, NO MATTER HIS OR HER POSITION, MUST TERMINATE EMPLOYMENT IN THE OLERS-COVERED POSITION. THE LEGISLATURE HAS ENUMERATED NO AUTHORITY FOR A MEMBER OF OLERS WHO IS NOT A LAW ENFORCEMENT OFFICER TO MAINTAIN EMPLOYMENT PAST THE MAXIMUM TERM IN THE PLAN.
THE ONLY REASONABLE INTERPRETATION OF 47 O.S. 2-305.2 IS TO HAVE THE LIMITATION AS TO TERMINATION OF EMPLOYMENT APPLY TO ALL MEMBERS OF OLERS EQUALLY. THERE IS NO INDICATION THAT THE LEGISLATURE INTENDED SOME MEMBERS OF THE PLAN TO CONTINUE THEREIN INDEFINITELY WHILE OTHERS WERE REQUIRED TO TERMINATE EMPLOYMENT. IN FACT, THE LEGISLATURE MANDATES THAT AT THE CONCLUSION OF A MEMBER'S PARTICIPATION IN THE PLAN, THE MEMBER "SHALL START RECEIVING THE MEMBER'S ACCRUED MONTHLY BENEFIT FROM THE SYSTEM." 47 O.S. 2-305.2(C).
BY THIS INTERPRETATION, A MEMBER OF OLERS, REGARDLESS OF HIS OR HER LAW ENFORCEMENT STATUS, WHO PARTICIPATES IN THE DEFERRED OPTION PLAN CANNOT RETIRE FROM OLERS AND THEN BE HIRED IN ANY OTHER POSITION COVERED BY OLERS, REGARDLESS OF WHICH AGENCY WOULD HIRE THE RETIRED MEMBER.
IT IS, THEREFORE, THE OPINION OF THE UNDERSIGNED ATTORNEY THAT THE WORD "OFFICER" IN TITLE 47 O.S. 2-305.2(C) IS TO BE BROADLY CONSTRUED TO MEAN ANY MEMBER OF THE OKLAHOMA LAW ENFORCEMENT RETIREMENT SYSTEM SO AS TO PROHIBIT A MEMBER OF THE OKLAHOMA LAW ENFORCEMENT RETIREMENT SYSTEM FROM BEING EMPLOYED BY THE STATE IN A POSITION COVERED BY OLERS