reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-13 - Survivor benefits when death occurs after retirement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 16 Ok Reg
				  743, eff 10-5-98 through 7-14-99 (emergency)1;
				  Amended at 16 Ok Reg 3567, eff 9-13-99; Revoked at 29 Ok Reg 854, eff
				  8-1-12
1This emergency action expired
				  before being superseded by a permanent action. Upon expiration of an emergency
				  amendatory action, the last prior permanent text is reinstated. Therefore, on
				  7-15-99 (after the 7-14-99 expiration of the emergency action), the text of
				  section 715:10-15-13 reverted back to the permanent text that was effective
				  prior to enactment of the emergency action on 10-5-98, as last published in the
				  1996 Edition of the OAC, and remained as such until amended by permanent action
				  on 9-13-99.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-14 - Actuarial tables

Current through Vol. 41, No. 20, July 1, 2024
Actuarial tables, developed by consulting actuaries, have
				  been adopted by the Board of Trustees and will be used for computation of
				  benefits. Factors for ages or types of annuities, which are not included in the
				  tables, will be computed from the same data by the same general formulas. The
				  Board of Trustees may adopt new tables at anytime upon recommendation of the
				  consulting actuaries, when in the opinion of the Board the experience of the
				  System may justify the need for such change. New tables shall be published by
				  the Board with an effective date.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-15 - Disability retirement; application; effective date

Current through Vol. 41, No. 20, July 1, 2024
(a) Any member who
				is actively employed in the public schools of Oklahoma and is regularly
				contributing to TRS may be retired due to a medical disability, which renders
				the member unable to perform regular employment duties, provided such member:
(1) has at least ten (10) years of Oklahoma
				contributory membership service,
(2) submits a complete application for
				disability retirement, and,
(3) is
				found by the Medical Board of TRS, to be medically disabled to continue regular
				duties, or
(4) meets the
				requirements of paragraphs (1) and (2) of this subsection, and files a Social
				Security Award Notice or other sufficient written documentation from the Social
				Security Administration certifying the member has been approved for disability
				benefits by the Social Security Administration, U. S. Department of Health and
				Human Services,
(5) however, a
				member who is eligible for unreduced regular retirement is not eligible for
				disability retirement benefits.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-16 - Review by Medical Board

Current through Vol. 41, No. 20, July 1, 2024
Upon receipt of the application for disability retirement,
				  the TRS Medical Board will review the application at its next monthly meeting.
				  The Medical Board may recommend a member for permanent disability retirement or
				  for a temporary disability retirement when in its opinion the prognosis of the
				  disability is of a temporary nature. Temporary disability retirement benefits
				  may be provided for six (6) to twelve (12) months, subject to re-examination by
				  the Medical Board at the end of the prescribed period. If a member is granted
				  temporary disability the member may apply for permanent disability, or reapply
				  for temporary disability, only within one (1) month of the expiration of the
				  temporary disability. The member will be notified in writing of the
				  recommendation of the Medical Board. If disability benefits are not recommended
				  by the Medical Board, the reason will be provided to the member in writing .
				  The member may then submit additional medical evidence for further review or
				  request an administrative hearing pursuant to the Administrative Procedures
				  Act, 75 O.S. Section 250 et seq., and OAC
				  715:1-1-10 (with the exception of
				  subparagraphs 1 and 2) within sixty (60) days of notification of the Medical
				  Board's adverse recommendation.
Amended at 10 Ok Reg
				  4829, eff 9-17-93 through 7-14-94 (emergency)1;
				  Amended at 11 Ok Reg 4251, eff 7-25-94; Amended at 19 Ok Reg 2729, eff
				  7-11-02
1This emergency action expired
				  before being superseded by a permanent action. Upon expiration of an emergency
				  amendatory action, the last prior permanent text is reinstated. Therefore, on
				  7-15-94 (after the 7-14-94 expiration of the emergency action), the text of
				  section 715:10-15-16 reverted back to the permanent text that was effective
				  prior to enactment of the emergency action on 9-17-93, and remained as such
				  until amended by permanent action on
				  7-25-94.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-17 - Additional medical evidence can be required

Current through Vol. 41, No. 20, July 1, 2024
If, in the opinion of the Medical Board, additional
				  information is necessary, the member will be required to submit to an
				  examination by another physician designated by the Medical Board. TRS will
				  appoint a physician at its cost and generally from the applicant's area of
				  residence, to perform such an examination. Personal expenses, including travel
				  by the member, cannot be paid by TRS. The Medical Board retains the right of
				  final determination of the consulting physician designated to conduct any
				  additional examination. Failure to report for an examination, without prior
				  arrangement with TRS for an extension, shall be deemed cause for rejection of
				  disability retirement, or immediate termination of disability benefits when a
				  member is receiving temporary disability benefits. If the Medical Board
				  disagrees with the opinion of the consulting physician designated by the
				  Medical Board, the Medical Board must specifically state its opinions and
				  conclusions in its recommendation of denial.
Amended at 13 Ok Reg
				  3899, eff 8-5-96 through 7-14-97 (emergency)1;
				  Amended at 14 Ok Reg 3216, eff 7-25-97
1This emergency action expired
				  before being superseded by a permanent action. Upon expiration of an emergency
				  amendatory action, the last prior permanent text is reinstated. Therefore, on
				  7-15-97 (after the 7-14-97 expiration of the emergency action), the text of
				  section 715:10-15-17 reverted back to the permanent text that was effective
				  prior to the enactment of the emergency action on 8-5-96, as was last published
				  in the 1996 Edition of the OAC, and remained as such until amended by permanent
				  action on 7-25-97.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-18 - Discontinuance of disability retirement

Current through Vol. 41, No. 20, July 1, 2024
The Medical Board may require any member who has been retired
				  under a disability, and who has not reached age sixty (60), to undergo a
				  medical examination. Refusal to submit to the examination results in
				  discontinuance of disability retirement benefits until such examination is
				  completed. If the medical report from such examination leads to a
				  recommendation by the Medical Board that a member's disability benefits should
				  be terminated, that information will be provided to the member and the member
				  will be advised of the right to appeal the recommendation. Disability benefits
				  will continue to the member while the appeal process is before the Board of
				  Trustees. Any member under age 62 receiving disability retirement benefits who
				  returns to employment in any school or to a position similar to the position
				  held when disability benefits were approved shall immediately be subject to
				  discontinuance of benefits.
Amended at 13 Ok Reg
				  3899, eff 8-5-96 through 7-14-97 (emergency)1;
				  Amended at 14 Ok Reg 3216, eff 7-25-97; Amended at 20 Ok Reg 2596, eff
				  7-11-03
1This emergency action expired
				  before being superseded by a permanent action. Upon expiration of an emergency
				  amendatory action, the last prior permanent text is reinstated. Therefore, on
				  7-15-97 (after the 7-14-97 expiration of the emergency action), the text of
				  section 715:10-15-18 reverted back to the permanent text that was effective
				  prior to the enactment of the emergency action on 8-5-96, as was last published
				  in the 1996 Edition of the OAC, and remained as such until amended by permanent
				  action on 7-25-97.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-19 - Disability retirement payments

Current through Vol. 41, No. 20, July 1, 2024
The first monthly payment shall be due on the first day of
				  the month that follows the effective date of the disability retirement.
(1) The disability retirement allowance shall
				be in lieu of any other TRS retirement benefit for which the member might
				otherwise qualify.
(2) The benefit
				payment for the month in which the retired member died, if not previously paid,
				shall be made to the member's beneficiary, or, if the member has no
				beneficiary, to the member's estate. The amount of the benefit payment for the
				month in which the member died shall be equal to the full monthly benefit
				payment, regardless of the day of the month on which the retired member
				died.
(3) Members who qualify for
				disability retirement shall have their total monthly benefit payments deducted
				from their accumulated contributions. Any monies remaining in the member's
				retirement account at death shall be paid to the beneficiary or the estate in a
				lump sum.
Amended at 16 Ok Reg
				  743, eff 10-5-98 through 7-14-99 (emergency)1;
				  Amended at 16 Ok Reg 3567, eff 9-13-99
1This emergency action expired
				  before being superseded by a permanent action. Upon expiration of an emergency
				  amendatory action, the last prior permanent text is reinstated. Therefore, on
				  7-15-99 (after the 7-14-99 expiration of the emergency action), the text of
				  section 715:10-15-19 reverted back to the permanent text that was effective
				  prior to enactment of the emergency action on 10-5-98, as was last published in
				  the 1996 Edition of the OAC, and remained as such until amended by permanent
				  action on 9-13-99.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-20 - Conversion of disability retirement to retirement option 2

Current through Vol. 41, No. 20, July 1, 2024
If a deceased disabled retiree had thirty (30) years or more
				  of creditable service, and death occurred after June 30, 1981, but prior to the
				  retiree receiving twelve (12) monthly retirement payments, the surviving spouse
				  may elect to receive an life annuity under the provisions of Retirement Option
				  2 as the death benefit. Such a benefit shall be based upon the retirement the
				  deceased member would have been entitled to at the time of death under
				  Retirement Option 2. The Retirement Option 2 death benefit shall be in lieu of
				  all other benefits to which a surviving spouse or other beneficiary might
				  otherwise be entitled to receive.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-21 - Return to employment by a disabled retiree

Current through Vol. 41, No. 20, July 1, 2024
A disabled retiree who returns to Oklahoma public school
				  employment at an annual salary equal to or greater than the annual salary
				  received at the time of disability shall again become a member of TRS.
				  Disability retirement payments shall be suspended until the member has
				  qualified to be restored to active service. Upon completion of six (6) months
				  of membership service, the member shall be considered as having met the
				  requirements to be restored to active service. At such time, disability
				  retirement shall be terminated and the unused portion of the accumulated
				  contributions shall be re-established with TRS. If the member again retires
				  under a regular retirement allowance, eligibility to receive a monthly
				  retirement allowance shall be based on total years of creditable service (see
				  OAC
				  715:10-17-5
				  ).
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-22 - Reduction of disability benefits for excess earnings

Current through Vol. 41, No. 20, July 1, 2024
TRS may require a disabled retiree under 62 years of age to
				  make a report of earnings received from gainful employment for the previous
				  calendar year in a manner provided by TRS. Failure to timely submit a required
				  report may result in TRS mandating a medical re-examination or suspension of
				  benefits until the report is filed. If TRS determines the retiree is receiving
				  excessive earnings or is employed in a position consisting of duties similar to
				  those required in the position held before having been granted disability
				  benefits, TRS may demand a medical re-examination to determine if the retiree
				  remains qualified for disability retirement.
Amended at 19 Ok Reg
				  2729, eff 7-11-02; Amended at 20 Ok Reg 2596, eff
				  7-11-03
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-23 - Special $150 per month plan; application; effective date

Current through Vol. 41, No. 20, July 1, 2024
(a) A former teacher, who taught a minimum of
				ten (10) years in the public schools of Oklahoma prior to July 1, 1943 shall
				receive a monthly pension of One Hundred Fifty Dollars ($150.00). A teacher who
				taught in the public schools of Oklahoma one (1) year prior to 1934 and
				thereafter taught a minimum of ten (10) years, or who taught a minimum of
				thirty (30) years in the public schools of Oklahoma and reached the age of
				seventy (70) years of age prior to July 1, 1984, shall be eligible for a
				monthly pension of One Hundred Fifty Dollars ($150.00). The former teacher must
				not be otherwise eligible to receive any benefit from TRS to be eligible for
				this monthly pension.
(b) Anyone
				who qualifies may apply for the $150 per month pension by providing
				verification of the service performed by the member and completing a final
				contract for retirement. The necessary verification may be obtained from the
				Teacher Personnel Section, State Department of Education, records from the
				schools, the county superintendents or the county treasurers where the school
				districts are located. The applicant's signature on the final contract must be
				notarized.
(c) The effective date
				of retirement shall be the first of the month after all required documentation
				is received in the Teachers' Retirement office, Oklahoma City, Oklahoma. No
				payments shall be made retroactive.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-24 - Due-date of retirement benefit payments

Current through Vol. 41, No. 20, July 1, 2024
(a) Monthly benefit payments are due the
				first day of each month to all eligible retirees. Payments are deposited in the
				United States Postal Service, or paid to a designated agent providing
				electronic fund transfers, on the last day of each month. The benefit payment
				for the month in which the retired member died, if not previously paid, shall
				be made to the member's beneficiary, or, if the member has no beneficiary, to
				the member's estate. The amount of the benefit payment for the month in which
				the member died shall be equal to the full monthly benefit payment, regardless
				of the day of the month on which the retired member died. TRS cannot be
				responsible for payments lost in the mail, except that duplicate payments will
				be processed after fifteen (15) days.
(b) Effective January 1, 2000, newly retired
				members shall be required to receive monthly benefit payments via electronic
				fund transfers to a banking or financial institution designated. The retiree
				and receiving institution must complete the form prescribed for this purpose by
				the Teachers' Retirement System. In the event the electronic fund transfer
				creates an undue hardship on the retiree, the executive director of the
				Teachers' Retirement System may waive this requirement when it is determined to
				be in the best interest of the member and the Retirement System.
Amended at 16 Ok Reg
				  743, eff 10-5-98 through 7-14-99 (emergency)1;
				  Amended at 17 Ok Reg 204, eff 9-8-99 (emergency); Amended at 16 Ok Reg 3567,
				  eff 9-13-99; Amended at 17 Ok Reg 3071, eff 7-13-00; Amended at 28 Ok Reg 981,
				  eff 5-26-11
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  amendatory action, the last prior permanent text is reinstated. Therefore, on
				  7-15-99 (after the 7-14-99 expiration of the emergency action), the text of
				  section 715:10-15-24 reverted back to the permanent text that was effective
				  prior to the enactment of the emergency action on 10-5-98, as was last
				  published in the 1996 Edition of the OAC, and remained as such until amended
				  again by emergency action on 9-8-99.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-25 - Changes and corrections to retirement benefit payments

Current through Vol. 41, No. 20, July 1, 2024
Members should promptly notify TRS of any change that affects
				  their monthly retirement payment. Changes in address, banking information
				  affecting direct deposit information, and dependents status for insurance
				  coverage or deductions for state and federal income taxes will be processed and
				  reflected in the next month's payment, if received by TRS on or before the
				  fifteenth (15th) of the month. Changes received after the 15th will not be
				  processed until the following month.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-26 - Code Section 415 limits as applied to TRS

Current through Vol. 41, No. 20, July 1, 2024
(a) Notwithstanding any other provision of
				the administrative code, contributions paid to and benefits paid from the
				retirement system shall not exceed the maximum contributions and benefits
				permissible under Internal Revenue Code Section 415. For 415 testing purposes,
				the limitation year is the calendar year.
(b) Participation in Other Qualified Plans:
				Aggregation of Limits
(1) The 415(b) limit
				with respect to any member who at any time has been a member in any other
				defined benefit plan as defined in Internal Revenue Code Section 414(j)
				maintained by the member's employer in the retirement system shall apply as if
				the total benefits payable under all such defined benefit plans in which the
				member has been a member were payable from one (1) plan.
(2) The 415(c) limit with respect to any
				member who at any time has been a member in any other defined contribution plan
				as defined in Internal Revenue Code Section 414(i) maintained by the member's
				employer in the retirement system shall apply as if the total annual additions
				under all such defined contribution plans in which the member has been a member
				were payable from one (1) plan.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-27 - Code Section 401 (a) (17) limits as applied to TRS

Current through Vol. 41, No. 20, July 1, 2024
Notwithstanding any other provision of the administrative
				  code, benefit calculations from the retirement system shall not take into
				  account compensation in excess of the amount prescribed by Section 401(a)(17)
				  of the Internal Revenue Code. However, this limit shall not apply to any
				  eligible participant (any member who joined the system prior to July 1,
				  1996).
Added at 12 Ok Reg 3666,
				  eff 9-8-95 through 7-14-96 (emergency)1; Added at 13
				  Ok Reg 3523, eff 8-26-96
1This emergency action expired
				  before being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the text of the Section is no longer effective.
				  Therefore, on 7-15-96 (after the 7-14-96 expiration of the emergency action),
				  the text of section 715:10-15-27 was no longer effective, and remained as such
				  until added by permanent action on
				  8-26-96.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-28 - Waiver of retirement application deadline

Current through Vol. 41, No. 20, July 1, 2024
70 O.S. §
									17-105
				  provides that the sixty (60) day application for retirement deadline can be
				  waived by application to the Executive Director. The application for waiver
				  must state the reason for the request and the decision to grant or deny the
				  waiver shall be made by the Executive Director. The application for waiver must
				  be received by TRS no less than 15 days prior to the date of retirement. Upon
				  request of the member, the Board may review at its next regular meeting any
				  denial of a waiver by the Executive Director. Members are presumed to be
				  familiar with the plan provisions and aware of the notice requirement and the
				  Executive Director will grant the waiver only for good cause shown. Good cause
				  is generally shown in cases of an unforeseen hardship, such as illness of the
				  member or a member's family, a reduction in force, layoff of employment, or
				  other unexpected change in job status. Good cause is also generally shown in
				  cases of error or delay on the part of the employer and the error or delay is
				  due to no fault of the member.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Public school"
means all schools, colleges,
				  universities, state agencies, boards, commissions or other state educational
				  entities conducted within the state supported wholly or partly by public funds
				  and operating for any function of public education. All employment by any state
				  agency, which would cause or allow the member to be enrolled in TRS as an
				  active employee will constitute employment by a public school for the purposes
				  of this section. Members receiving service retirement benefits may be employed
				  in private schools, public schools in other states, and in private business
				  without affecting their benefits.
"Retired Member"
shall be inclusive of any
				  person, who is receiving monthly benefits from the Teachers' Retirement System
				  of Oklahoma, whether that person is an individual, incorporated entity,
				  corporation, proprietorship, partnership, limited liability company or
				  partnership, or any other business structure that contracts with a public
				  school to perform duties ordinarily performed by classified or non-classified
				  personnel.
"Retirement"
means withdrawal from active
				  service, with a retirement benefit in lieu thereof.
Amended at 10 Ok Reg
				  3879, eff 7-12-93; Amended at 19 Ok Reg 2729, eff 7-11-02; Amended at 20 Ok Reg
				  380, eff 10-16-02 (emergency); Amended at 20 Ok Reg 2596, eff
				  7-11-03
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-2 - Break between employment and retirement

Current through Vol. 41, No. 20, July 1, 2024
A retired member is not eligible to be employed by the public
				  schools of Oklahoma, in any capacity, for sixty (60) calendar days between the
				  retiree's last day of preretirement public-education employment and any
				  postretirement public-education employment. For purposes of this section, the
				  term "last day of preretirement employment" shall mean the last day the
				  employee is required to be physically present on the job to complete the terms
				  of the employment contract or agreement. An employee on paid leave is still
				  considered to be employed for purposes of this section. Employment under any
				  conditions during this time including volunteer services shall cause the
				  forfeiture of all retirement benefits received during the period. A retiree is
				  ineligible to return to work post-retirement until after their retirement
				  date.
Amended at 29 Ok Reg
				  854, eff 8-1-12
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-3 - Fulltime employment after retirement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
				  3879, eff 7-12-93
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-4 - Fulltime employment with no effect on benefits [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
				  3289, eff 6-12-92 (emergency); Revoked at 10 Ok Reg 3879, eff
				  7-12-93
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-5 - Permissible employment

Current through Vol. 41, No. 20, July 1, 2024
Post-retirement employment in the public schools,
				  institutions, and agencies covered by TRS is allowed after the break in
				  employment outlined in OAC
				  715:10-17-2 has been met.
				  Employment subject to this section shall include any services performed by a
				  retired member, as defined in this subchapter, except for payments received as
				  an employee of the State Department of Education pursuant to 70 O.S. §
				  17-103(7) or as an independent contractor or consultant, pursuant to a lawful
				  contract that complies with the requirements of 70 O.S. § 6-101.2(B) and which
				  is approved by TRS within sixty (60) days of the contract's effective date. TRS
				  will follow guidelines in 70O.S. §6-101.2(B) and federal guidelines from the
				  Department of Labor and the Internal Revenue Service in determining when a
				  retired person qualifies as an independent contractor or
				  consultant.
Amended at 10 Ok Reg
				  3879, eff 7-12-93; Amended at 20 Ok Reg 384, eff 12-9-02 (emergency); Amended
				  at 20 Ok Reg 2596, eff 7-11-03
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-7 - Employment by a disabled retiree

Current through Vol. 41, No. 20, July 1, 2024
A member retired under the disability retirement provisions
				  of TRS is not eligible to be employed, in any capacity, by any school, public
				  or private, in Oklahoma or in other state, from the date of retirement to age
				  62. After age 62, a member receiving disability retirement shall be eligible
				  for post-retirement employment under the same conditions outlined above for
				  other retired members.
(1) A disabled
				retiree who returns to Oklahoma public education employment at an annual salary
				equal to or greater than the annual salary received at the time of disability
				shall again become a contributing member of TRS. Disability retirement payments
				shall be suspended until the member has qualified to be restored to active
				service. Upon completion of six (6) months of membership service, the member
				shall be considered as having met the requirements to be restored to active
				service. At such time, disability retirement shall be terminated and the unused
				portion of the accumulated contributions shall be re-established in the
				member's active retirement account. If the member again retires under a regular
				retirement allowance, eligibility to receive a monthly retirement allowance
				shall be based on total years of creditable service (see OAC
				715:10-15-21).
(2) Members receiving disability retirement
				from TRS who have not attained age 62 may be required by TRS to complete a
				report of earnings received from gainful employment for the previous calendar
				year in the manner provided by TRS and provide such information to TRS by April
				15 each year. The report will list all "earned" income from all sources.
				Failure to provide this information upon request may result in suspension of
				monthly benefits if the executive director of TRS deems such action necessary
				and appropriate (see OAC
				715:10-15-22).
Amended at 20 Ok Reg
				  2596, eff 7-11-03; Amended at 27 Ok Reg 1282, eff 5-27-10; Amended at 28 Ok Reg
				  981, eff 5-26-11
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-8 - Repayment of benefits

Current through Vol. 41, No. 20, July 1, 2024
Any amount due TRS because of earnings exceeding the maximum
				  must be repaid by the member within 30 days of the billing date. TRS has the
				  right to suspend monthly benefits once the member has reached their earnings
				  limit and continues to be employed, TRS may also offset up to 25% of a member's
				  monthly benefit payment to recoup overpayments. Repayment of benefits forfeited
				  due to employment in excess of the maximum limit will require an interest
				  penalty of eight percent (8%) per annum, compounded monthly from the date due
				  to the date of repayment.
Amended at 10 Ok Reg
				  3879, eff 7-12-93
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-9 - Annual W-2P tax statements

Current through Vol. 41, No. 20, July 1, 2024
TRS will not adjust W-2P, or other year-end tax statements,
				  to reflect repayment of benefits received after December 31. Any adjustment in
				  retirement income required because of repayments received after December 31
				  will be shown in the calendar year in which the transaction was
				  completed.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-10 - Effective date of OAC 715:10-17-1 through 715:10-17-9 [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
				  3879, eff 7-12-93
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-11 - Special waiver for retirees past age 70 [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
				  3879, eff 7-12-93
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-12 - Earnings report by remitting agencies

Current through Vol. 41, No. 20, July 1, 2024
Prior to March 15 of each year, each employer covered by the
				  provisions of TRS shall submit a report showing the total earnings received by
				  each individual, member and non-member of TRS, during the previous calendar
				  year. The report provided by the employer shall be a copy of the report
				  prepared and submitted to IRS to report W-2 Tax Statements and other taxable
				  income reportable to IRS and the Social Security Administration. The report
				  will be electronically transmitted to TRS via the Employer Portal and will
				  contain the name, social security number, address and the total earnings paid
				  from all sources from January 1 to December 31 of the year and shall be in the
				  format specified by TRS.
Amended at 27 Ok Reg
				  1282, eff 5-27-10
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-13 - Election to return to qualifying employment

Current through Vol. 41, No. 20, July 1, 2024
Any retired member who returns to employment in the public
				  schools of Oklahoma and is employed half-time or more as defined in OAC
				  715:10-3-2 and OAC
				  715:10-3-3 may return to
				  post-retirement employment or active contributing status under the following
				  conditions:
(1) Active Contributing
				Status. The retired member must file an irrevocable election to discontinue
				retirement benefits for the period of such employment. The return to membership
				contributing status must coincide with the beginning of a school year or the
				member must refund all benefit payments received from the beginning of the
				school year in which employment begins and make employee contributions on any
				compensation earned from the beginning of the school year to the date of the
				election to return to contributing status.
(2) The election must be completed by the
				employing school and signed by the retired member and an official who has
				authority to employ or pay regular employees of the school.
(3) The election must include the nature of
				the position held and the beginning date of employment. Retirement payments
				shall not be resumed during the summer months between consecutive years of this
				type of employment.
(4) The retired
				member and the employing public school shall remit employee and employer
				contributions in the same manner as active contributing employees.
(5) The retired member shall accumulate
				service credit in the same manner as active contributing employees of the
				system.
(6) Upon termination of
				employment, the retired member's monthly retirement benefits will resume with
				an adjustment to reflect credit for the additional employment as follows:
(A) The initial benefit calculated at the
				time of retirement will not be affected by the additional employment.
(B) Service credits will be accumulated and
				credited to the member's record in accordance with Subchapter 3 of this
				Chapter.
(C) A supplemental benefit
				for the year(s) of additional service will be calculated using the standard
				retirement benefit formula and the retirement plan and other options selected
				by the retiree when the member first retired (See OAC
				715:10-15-7 and
				715:10-15-7.1).
(D) The average salary used in calculating
				the supplement benefit will be the average of the salaries earned during this
				period of employment. In the event the member is employed for less than the
				number of years required to determine the appropriate average salary, the
				average will be determined by the number of years employed. Annual salaries
				will be based on contributions made and determined on a school year
				basis.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-14 - Termination and Resumption of Benefit Payments

Current through Vol. 41, No. 20, July 1, 2024
When a retired member returns to active contributing status
				  employment pursuant to OAC
				  715:10-17-13, the following will
				  apply:
(1) If the member commences
				employment after the 15th of the month, the benefit payment for that month will
				be paid as regularly scheduled.
(2)
				If the member commences employment on or before the 15th of the month, the
				benefit payment for that month will not be due and must be refunded if paid to
				the member.
(3) If the member
				terminates employment on or before the 15th of a month and TRS is notified
				prior to the 20th of the month, the benefit payment for that month will be paid
				as regularly scheduled.
(4) If the
				member terminates employment after the 15th of a month, the benefit payment for
				that month will not be due and must be refunded if paid to the
				member.
Added at 22 Ok Reg 2649,
				  eff 7-11-05
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-15 - Salary limitations for certain returning classroom teachers

Current through Vol. 41, No. 20, July 1, 2024
Legislation enacted during the 2021 legislative session
				  allows members who retired on or before July 1, 2020, to return to employment
				  as an active classroom teacher for a public school or career technology
				  district with no earnings limitations in certain circumstances. Members seeking
				  to return to employment as an active classroom teacher under this provision
				  must meet all the following requirements:
(1) The member must have been retired as of
				July 1, 2020;
(2) The member must
				have been retired and drawing a TRS retirement benefit and not be employed by
				any public school or career technology district in any capacity for a period of
				twelve (12) consecutive months immediately following the last day of employment
				prior to their retirement date;
(3)
				The member can only be employed as an active classroom teacher as defined in 70
				O.S. § 17-101(27) when they return to employment; and
(4) Within sixty (60) days of the member's
				return to employment, the member's employer must provide to TRS, on a form
				prescribed by TRS, documentation establishing the member's eligibility under
				this provision.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-15 - Salary limitations for certain returning classroom teachers

Current through Vol. 41, No. 20, July 1, 2024
Legislation enacted during the 2021 legislative session
				  allows members who retired on or before July 1, 2020, to return to employment
				  as an active classroom teacher for a public school or career technology
				  district with no earnings limitations in certain circumstances. Members seeking
				  to return to employment as an active classroom teacher under this provision
				  must meet all the following requirements:
(1) The member must have been retired as of
				July 1, 2020;
(2) The member must
				have been retired and drawing a TRS retirement benefit and not be employed by
				any public school or career technology district in any capacity for a period of
				twelve (12) consecutive months immediately following the last day of employment
				prior to their retirement date;
(3)
				The member can only be employed as an active classroom teacher as defined in 70
				O.S. § 17-101(27) when they return to employment; and
(4) Within sixty (60) days of the member's
				return to employment, the member's employer must provide to TRS, on a form
				prescribed by TRS, documentation establishing the member's eligibility under
				this provision.
(A) The Executive Director of
				TRS may waive the sixty (60) day requirement for good cause shown.
(B) To petition for waiver, either the TRS
				member, the employer, or both if appropriate under the circumstances, must
				provide written documentation of good cause to TRS along with the properly
				executed TRS form establishing eligibility under this provision.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-15 - Salary limitations for certain returning classroom teachers

Current through Vol. 41, No. 20, July 1, 2024
Legislation enacted during the 2021 legislative session
				  allows members who retired on or before July 1, 2020, to return to employment
				  as an active classroom teacher for a public school or career technology
				  district with no earnings limitations in certain circumstances. Members seeking
				  to return to employment as an active classroom teacher under this provision
				  must meet all the following requirements:
(1) The member must have been retired as of
				July 1, 2020;
(2) The member must
				have been retired and drawing a TRS retirement benefit and not be employed by
				any public school or career technology district in any capacity for a period of
				twelve (12) consecutive months immediately following the last day of employment
				prior to their retirement date;
(3)
				The member can only be employed as an active classroom teacher as defined in 70
				O.S. § 17-101(27) when they return to employment; and
(4) Within sixty (60) days of the member's
				return to employment, the member's employer must provide to TRS, in a manner
				prescribed by TRS, documentation establishing the member's eligibility under
				this provision.
(A) The Executive Director of
				TRS may waive the sixty (60) day requirement for good cause shown.
(B) To petition for waiver, either the TRS
				member, the employer, or both if appropriate under the circumstances, must
				provide written documentation of good cause to TRS along with documentation
				establishing eligibility under this provision.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 17 - Post-Retirement Employee › Section 715:10-17-16 - Post retirement employment with the State Department of Education

Current through Vol. 41, No. 20, July 1, 2024
A retired member of TRS who becomes employed by the State
				  Department of Education (SDE) for the first time on or after November 1, 2019
				  (''eligible employee''), shall have the option to remain a member of TRS
				  subject to any applicable post retirement limitations placed on retired members
				  returning to work or may choose to participate in the Oklahoma Public Employees
				  Retirement System (OPERS) as an active member with such eligible employee's
				  participation in OPERS being subject to the laws governing OPERS.
(1) An eligible employee shall have thirty
				(30) days from such eligible employee's initial date of hire with SDE to make a
				one-time irrevocable written election to remain a member of TRS subject to post
				retirement limitations or to participate in OPERS as an active member. If an
				eligible employee fails to make an election within the thirty-day period such
				eligible employee shall be subject to post retirement earnings limitations
				prescribed by laws governing TRS. If an eligible employee elects to participate
				in TRS, then SDE shall pay both the employee and employer contributions to TRS
				as required by law.
(2) If an
				eligible employee makes the election to participate in OPERS such eligible
				employee shall not participate in TRS as an active member nor make employee
				contributions to TRS. In addition, SDE shall not make employer contributions to
				TRS. The eligible employee and SDE shall pay the applicable contribution rates
				as provided by the laws governing OPERS.
(3) An eligible employee who elects to
				participate in OPERS shall be ineligible for participation in TRS so long as
				such eligible employee remains employed by SDE. If such eligible employee
				assumes a different position, which is governed by a state retirement system
				other than OPERS or TRS, the eligible employee shall be subject to the
				retirement system rules applicable to that new position. However, such eligible
				employee shall not be eligible for service credit in TRS for service performed
				while participating in OPERS.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 19 › Section 715:10-19-1

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
				  4409, eff 7-14-94 through 7-14-95 (emergency)1;
				  Amended at 12 Ok Reg 3285, eff 7-27-95; Amended at 27 Ok Reg 131, eff 10-2-09
				  (emergency); Amended at 27 Ok Reg 1282, eff
				  5-27-10
1This emergency action expired
				  before being superseded by a permanent action. Upon expiration of an emergency
				  amendatory action, the last prior permanent text is reinstated. Therefore, on
				  7-15-95 (after the 7-14-95 expiration of the emergency action), the text of
				  section 715:10-19-1 reverted back to the permanent text that was effective
				  prior to enactment of the emergency action on 7-14-94, and remained as such
				  until amended by again permanent action on
				  7-27-95.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 19 › Section 715:10-19-2

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
				  4409, eff 7-14-94 through 7-14-95 (emergency)1;
				  Amended at 12 Ok Reg 3285, eff 7-27-95; Amended at 13 Ok Reg 3899, eff 8-5-96
				  through 7-14-97 (emergency)2; Amended at 14 Ok Reg
				  3216, eff 7-25-97; Amended at 19 Ok Reg 2729, eff 7-11-02; Amended at 27 Ok Reg
				  131, eff 10-2-09 (emergency); Amended at 27 Ok Reg 1282, eff
				  5-27-10
1This emergency action expired before being superseded by a
					 permanent action. Upon expiration of an emergency amendatory action, the last
					 prior permanent text is reinstated. Therefore, on 7-15-95 (after the 7-14-95
					 expiration of the emergency action), the text of section 715:10-19-2 reverted
					 back to the permanent text that was effective prior to enactment of the
					 emergency action on 7-14-94, and remained as such until amended again by
					 permanent action on 7-27-95.
2This emergency action expired before being superseded by a
					 permanent action. Upon expiration of an emergency amendatory action, the last
					 prior permanent text is reinstated. Therefore, on 7-15-97 (after the 7-14-97
					 expiration of the emergency action), the text of section 715:10-19-2 reverted
					 back to the permanent text that became effective 7-27-95, as was last published
					 in the 1996 Edition of the OAC, and remained as such until amended again by
					 permanent action on 7-25-97.