212 (OKLA.1956). APPLYING THIS RULE IN 1989, THE 10TH CIRCUIT NOTED THAT "A MATTER IS" TIMELY "WHEN IT IS SEASONABLE OR OPPORTUNE(.)" COTTON PETROCHEMICALS V. U.S. DEPARTMENT OF INTERIOR, 870 F.2D 1515 (10TH CIR. 1989). WHILE THIS IS NOT FULLY ILLUSTRATIVE, WEBSTER'S NINTH NEW COLLEGIATE DICTIONARY PROVIDES DEFINITIONS FOR BOTH "SEASONABLE" AND "OPPORTUNE." SEASONABLE IS DEFINED AS "OCCURRING IN GOOD OR PROPER TIME", WHILE OPPORTUNE IS DEFINED AS "OCCURRING AT A PROPER TIME."
UNFORTUNATELY, THE STATUTES DO NOT DICTATE A PARTICULAR TIME IN WHICH THE EMPLOYER REIMBURSEMENTS MUST BE MADE. BUT GUIDANCE IS FOUND IN 74 O.S. 901 (1981), WHICH STATES THE PURPOSE OF OPERS AS FOLLOWS:
THE PURPOSE OF THIS ACT IS TO PROVIDE AN ORDERLY MEANS WHEREBY EMPLOYEES OF THE PARTICIPATING EMPLOYER WHO QUALIFY BY REASON OF AGE, OR CONDITION, AND SERVICE, AS HEREIN ET FORTH, MAY BE TRANSFERRED TO INACTIVE SERVICE . . . AND TO ENABLE SUCH EMPLOYEES TO ACCUMULATE DEFERRED INCOME RESERVES FOR THEMSELVES AND THEIR DEPENDENT TO PROVIDE FOR OLD AGE, DEATH, AND INACTIVE SERVICE, AND FOR THE PURPOSE OF EFFECTING ECONOMY AND EFFICIENCY IN THE ADMINISTRATION OF GOVERNMENTAL AFFAIR." (EMPHASIS ADDED)
BECAUSE THE PURPOSE OF THE REIMBURSEMENTS IS TO ACCUMULATE FUNDS THAT WILL GENERATE INTEREST TO PROVIDE FOR FUTURE PAYMENTS TO MEMBERS, IT IS ESSENTIAL THAT THE FUNDS FOR THE CREDIT ARE PROVIDED AT A TIME WHICH WILL ALLOW SUCH FUNDS TO GROW THROUGH INVESTMENT. THE TIMELINESS LANGUAGE IN 74 O.S. 913(2)(G) STRONGLY INDICATES THAT THE CREDIT FOR THE LEAVE IS EITHER SIMULTANEOUS WITH THE TERMINATION OF EMPLOYMENT, OR WITHIN A SHORT PERIOD OF TIME AFTER THE EMPLOYEE LEAVES. OTHER STATUTES GOVERNING OPERS REQUIRE PAYMENT OF FUNDS INTO THE SYSTEM AT THE SAME TIME THE CREDIT IS GIVEN. SEE. E.A., 74 O.S. 910.1A/74 O.S. 913(1)(H)/74 O.S. 913(2)(F)/74 O.S. 913(4)/74 O.S. 913(5). SECTION 74 O.S. 913(2)(G) ALSO STATES THAT THE PAYMENT FROM THE EMPLOYER IS PAYING ". . . THE COST OF FUNDING THE ADDITIONAL RESERVE." (EMPHASIS ADDED). AS STATED ABOVE, ANY APPRECIABLE DELAY IN PAYMENT OF THESE AMOUNTS WOULD BE INCONSISTENT WITH FUNDING THIS IMPORTANT RETIREMENT RESERVE.
IN 1986, WHILE DEALING WITH A QUESTION RISING FROM THE PENSION BENEFITS GRANTED TO BOTH POLICE AND FIREFIGHTERS, THE OKLAHOMA SUPREME COURT INDICATED THAT THE RIGHT TO PENSION BENEFITS BECOMES ABSOLUTE AT THE TIME THE BENEFITS BECOME PAYABLE TO THOSE ELIGIBLE, AND NOT AT THE TIME THE BENEFIT PAYMENT ACTUALLY BEGINS. BAKER V. OKLAHOMA FIREFIGHTERS PENSION SYSTEM, 718 P.2D 348, 353 (OKLA. 1986). THE SAME ANALYSIS IS APPLICABLE IN THIS INSTANCE. THE COURT REASONED THAT SINCE PERSONS WHO PARTICIPATE IN A PENSION SYSTEM ACQUIRE CONTRACTUAL RIGHTS ONCE THEY HAVE SATISFIED THE ELIGIBILITY REQUIREMENTS, IT IS BEST TO DECLARE THE RIGHT TO A PENSION ABSOLUTE ONCE IT HAS VESTED. ID. AT 352. SIMILARLY, OPERS IS POTENTIALLY LIABLE FOR ANY PAYMENTS TO MEMBERS AFTER VESTING OCCURS. THUS, THE RIGHT TO A PENSION BECOMES ABSOLUTE FOR OPERS MEMBERS WHEN THE ELIGIBILITY REQUIREMENTS ARE MET.
WITH THIS IN MIND, IT IS CLEAR THAT THE PROPER TIME FOR REIMBURSEMENT OF OPERS