Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 15 - Service Retirement › Section 715:10-15-10 - Retirement plans

Current through Vol. 41, No. 20, July 1, 2024
A member may elect to receive a monthly life annuity under
				  one of the following plans:
(1) The
				Maximum Retirement Plan provides the greatest monthly lifetime benefit that
				each individual member's years of creditable service and average salary permit.
				The maximum retirement plan is the monthly entitlement calculated using the
				standard retirement formula set by statutes. In the event the total retirement
				payments made prior to the death of a retired member are less than the member's
				accumulated contributions (with any interest credited to the account prior to
				July 1, 1968), the difference shall be paid to the member's designated
				beneficiary or to the member's estate if no designated beneficiary survives the
				member.
(2) Retirement Option 1
				provides a slightly reduced lifetime benefit. The monthly entitlement is the
				difference between the annuity portion of the maximum retirement plan and the
				annuity portion of an Option 1 retirement plan subtracted from the Maximum
				retirement plan. If the retired member dies before receiving in the annuity
				portion of the monthly payments an amount equal to the member's deposits (with
				any interest credited to the account prior to July 1, 1968), the remaining
				balance shall be paid in a lump sum to the member's designated beneficiary or
				to the member's estate if no beneficiary survives the member. (The member's
				deposits are "protected" for the member's beneficiary for a longer period of
				time than under the maximum retirement plan, hence, the monthly benefit is less
				than the Maximum benefit.)
(3)
				Retirement Option 2 provides a reduced monthly benefit payable to the member
				for life. At the death of the retired member, the same monthly benefit payable
				to the member shall continue to the member's joint annuitant, if living. This
				option is known as a "100% joint survivor annuity." The reduction in the
				monthly benefit is based on actuarial tables developed for this purpose and
				approved by the Board of Trustees. The ages of the member and joint annuitant
				are an important factor in computing this benefit. The joint annuitant for the
				Option 2 retirement plan may be the member's spouse , another person , or the
				beneficiary of a Discretionary and Special Needs Trust as provided in 70 O.S. §
									17-105(g).
				If the designated joint annuitant is not the member's spouse, IRS Regulations
				require that the adjusted member/joint annuitant age difference cannot be more
				than ten (10) years. The adjusted member/joint annuitant age difference is
				determined by first calculating the excess of the age of the member over the
				age of the joint annuitant based on their ages on the date of retirement. If
				the member is younger than age 70, the age difference determined in the
				previous sentence is reduced by the number of years that the member is younger
				than age 70 based on the member's age on the date of retirement. If the
				adjusted member/joint annuitant age difference is greater than ten (10) years,
				the Option 2 retirement plan is not available. In the event the member's joint
				annuitant dies at any time after the member's retirement date but before the
				death of the member, the member shall return to the retirement benefit,
				including any post-retirement benefit increases the member would have received,
				had the member not selected the Option 2 retirement plan. The joint annuitant
				designation cannot be changed under any circumstance after the date of
				retirement except as provided in OAC
				715:10-15-11.
				The reduction in the monthly payment is much greater than under all other
				retirement options because two people are protected for the life of both
				individuals.
(4) Retirement Option
				3 provides a reduced monthly benefit payable to the member for life. At the
				death of the retired member, one-half (or 50%) of the monthly benefit payable
				to the member, shall continue to the member's joint annuitant, if living. This
				option is known as a "50% joint survivor annuity." The reduction in the monthly
				benefit is based on actuarial tables developed for this purpose and approved by
				the Board of Trustees. The age of the joint annuitant is an important factor in
				computing this benefit. The joint annuitant for the Option 3 retirement plan
				may be any person or the beneficiary of a Discretionary and Special Needs Trust
				as provided in 70 O.S. §
									17-105(g).
				In the event the member's joint annuitant dies at any time after the member's
				retirement date but before the death of the member, the member shall return to
				the retirement benefit, including any post-retirement benefit increases, the
				member would have received had the member not selected the Option 3 retirement
				plan. The joint annuitant cannot be changed under any circumstance after the
				date of retirement except as provided in OAC
				715:10-15-11.
				The reduction in the monthly payment, while not as great as in the Option 2
				plan, still requires a substantial reduction because two people are protected
				for the life of both individuals.
(5) Retirement Option 4 provides a reduced
				monthly benefit payable to the member for life. In the event the retired member
				dies within one hundred twenty (120) continuous months from the date of
				retirement, the balance of the payments is continued to the designated
				beneficiary until a total of one hundred twenty (120) months have been
				completed. The actual reduction is based on actuarial tables developed for this
				purpose and approved by the Board of Trustees. The beneficiary must be
				designated at the time of retirement. The Option 4 retirement plan is not
				available for a member whose retirement date is on or after the member reaches
				age 93. However, if the designated beneficiary is the member's spouse, the
				Option 4 retirement plan may be selected if the 120-month period does not
				extend beyond the joint life and last survivor expectancy of the member and the
				member's spouse. If the beneficiary dies before the total number of
				"guaranteed" months have been completed, the remaining payments shall be
				computed at the rate of interest used in determining the original guarantee.
				The funds remaining shall be paid to the administrators, executors or assigns
				of the last surviving payee.
Amended at 12 Ok Reg
				  295, eff 10-14-94 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 16 Ok Reg 743, eff 10-5-98 through 7-14-99
				  (emergency)3; Amended at 16 Ok Reg 3567, eff
				  9-13-99; Amended at 22 Ok Reg 2255, eff
				  6-25-05
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 715:10-15-10 reverted
					 back to the permanent text that was effective prior to the enactment of the
					 emergency action on 10-14-94, and remained as such until amended by permanent
					 action on7-27-95.
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 715:10-15-10 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 by permanent
					 action on7-25-97.
3This 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 715:10-15-10 reverted
					 back to the permanent text that became effective 7-25-97, as was last published
					 in the 1998 OAC Supplement, and remained as such until amended by permanent
					 action on 9-13-99.
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 715:10-15-10 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 by permanent action
				  on7-25-97.