reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 5 - Contributions and Compensation › Section 590:10-5-3 - Required contributions

Current through Vol. 41, No. 20, July 1, 2024
Prior to July 1, 1998, a member who chose to increase his or
				  her maximum annual compensation level for service prior to July 1, 1994 must
				  have paid the required statutory contributions on all compensation received
				  each year above $25,000 up to the maximum $40,000, plus interest in the amount
				  of seven and one-half percent (7 1/2%) compounded annually. Said interest
				  accrues from the date of the members initial opportunity to make the election.
				  The election is not considered complete until all required contributions and
				  interest have been paid, unless terminated by operation of
				  law.
Amended at 12 Ok Reg
				  3237, eff 7-27-95; Amended at 16 Ok Reg 610, eff 12-2-98 (emergency); Amended
				  at 16 Ok Reg 2010, eff 6-11-99
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 5 - Contributions and Compensation › Section 590:10-5-4 - Refund election [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  3237, eff 7-27-95
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 5 - Contributions and Compensation › Section 590:10-5-5 - Effective date of election [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  3237, eff 7-27-95
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 5 - Contributions and Compensation › Section 590:10-5-6 - Member responsibility [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  3237, eff 7-27-95; Revoked at 16 Ok Reg 610, eff 12-2-98 (emergency); Revoked
				  at 16 Ok Reg 2010, eff 6-11-99
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 5 - Contributions and Compensation › Section 590:10-5-8 - Compensation for retirement purposes

Current through Vol. 41, No. 20, July 1, 2024
(a) Compensation for retirement purposes, as
				determined by the Board of Trustees, shall be limited to salary and wages as
				follows:
(1) "Salary" means a predetermined
				or fixed amount of cash remuneration that is made payable by the participating
				employer to the employee in exchange for services rendered personally by the
				employee for the participating employer but excluding any type of overtime
				payments paid to an employee for service rendered in excess of
				full-time;
(2) "Wages" means cash
				remuneration, dependent upon the hours of work, that is made payable by the
				participating employer to the employee in exchange for services rendered
				personally by the employee for the participating employer excluding any type of
				overtime payments paid to an employee for service rendered in excess of
				full-time.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 5 - Contributions and Compensation › Section 590:10-5-9 - Changes to contribution rates; deadline for notifying System

Current through Vol. 41, No. 20, July 1, 2024
Any county, county hospital, city or town, conservation
				  district, circuit engineering district or any public or private trust in which
				  a county, city or town participates and is the primary beneficiary, which is a
				  participating employer and which is permitted pursuant to 74 O.S. §
									920A
				  to modify the amount of contributions paid by the employer and employee shall
				  make such modification and notify the System no later than June 30 of each year
				  for a July 1 effective date. Any contribution modification adopted, approved or
				  received after June 30 shall not be effective until July 1 of the following
				  fiscal year.
Added at 30 Ok Reg 550, eff
					 5-11-13
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-1 - Computing final average compensation

Current through Vol. 41, No. 20, July 1, 2024
For those members with a retirement date prior to July 1,
				  1998, to achieve equity among all members in computing the final average
				  compensation, the highest thirty-six months of salary, excluding longevity
				  payments, earned during the last one hundred twenty months of participation
				  separately for service prior to July 1, 1994 and for service after July 1,
				  1994, subject to the maximum compensation level, will be averaged. Exceptions
				  are yearly contract employees at the School for the Blind and the School for
				  the Deaf for whom the two highest annual salaries will be used and the third
				  year (twelve months) will be composed of the next twelve highest average
				  monthly salaries. To compute the final average compensation for Post July 1994,
				  (1) annualize using the full months of salary only, and (2) add the pro-rated
				  longevity to the product of #1 before dividing. This Post July final average
				  compensation procedure will apply to all such members vesting or retiring with
				  less than three (3) years of salary after July 1, 1994. Those members paid
				  bi-weekly will have twenty-six pay periods included in each annual (twelve
				  months) salary total.
Amended at 12 Ok Reg
				  3237, eff 7-27-95; Amended at 12 Ok Reg 3660, eff 9-1-95 through 7-14-96
				  (emergency); Amended at 13 Ok Reg 3327, eff 7-25-96; Amended at 16 Ok Reg 610,
				  eff 12-2-98 (emergency); Amended at 16 Ok Reg 2010, eff
				  6-11-99
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-2 - Involuntary furlough

Current through Vol. 41, No. 20, July 1, 2024
In computing the final average compensation, the monthly base
				  salary will be used for each month a retiring member has leave without pay due
				  to an involuntary furlough under
				  590:10-3-13.
Credit for involuntary furlough
.
Amended at 22 Ok Reg
				  126, eff 10-6-04 (emergency); Amended at 22 Ok Reg 1354, eff
				  5-26-05
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-3 - Longevity and other annual lump-sum payments

Current through Vol. 41, No. 20, July 1, 2024
(a) Thethree (3) highest annual longevity
				payments will be added into the sum of three years of salary (thirty-six
				months) used in computing the final average compensation for members whose
				first participating service occurs before July 1, 2013. The five (5) highest
				annual longevity payments will be added into the sum of five years of salary
				(sixty months) used in computing the final average compensation for members
				whose first participating service occurs on or after July 1, 2013.If a retiring
				member is scheduled to receive a prorated longevity payment at or near the
				effective date of retirement, the prorated longevity payments will be used only
				in the amount actually paid and if it is one of the three highest longevity
				payments for members whose first participating service occurs before July 1,
				2013, or one of the five highest longevity payments for members whose first
				participating service occurs on or after July 1, 2013. The final average salary
				shall not be reduced if the annual longevity payment causes any one month's
				salary to exceed the maximum monthly compensation level, provided the annual
				salary including longevity does not exceed the maximum compensation
				level.
(b) Other lump-sum annual
				payments that are included as compensation for retirement purposes shall be
				averaged over the previous twelve (12) months of salary immediately preceding
				the month of payment for use in computing the final average compensation. These
				lump-sum payments include those which are paid on an annual basis at the
				discretion of the employer such as performance or skill based pay
				adjustments.
Amended at 12 Ok Reg
				  3237, eff 7-27-95; Amended at 12 Ok Reg 3660, eff 9-1-95 through 7-14-96
				  (emergency); Amended at 13 Ok Reg 3327, eff 7-25-96; Amended at 16 Ok Reg 610,
				  eff 12-2-98 (emergency); Amended at 16 Ok Reg 2010, eff 6-11-99; Amended at 20
				  Ok Reg 319, eff 1-1-03 (emergency); Amended at 20 Ok Reg 1750, eff
				  6-12-03
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-4 - Early retirement factor

Current through Vol. 41, No. 20, July 1, 2024
The monthly benefit to be paid under early retirement shall
				  be based on the actual age in years and months the retirement member has
				  attained on the date retirement benefits are to begin. The reduction factor is
				  based on a level interpolation, between ages 55 and 62 for members whose first
				  participating service occurs before November 1, 2011, and between ages 60 and
				  65 for members whose first participating service occurs on or after November 1,
				  2011.
Amended at 29 Ok Reg 49,
				  eff 9-28-11 (emergency); Amended at 29 Ok Reg 498, eff
				  5-11-12
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-5 - Selecting an option

Current through Vol. 41, No. 20, July 1, 2024
(a) The member
				may choose to receive the maximum benefit or receive benefits under any one of
				the retirement Options provided in 74 O.S. § 918.
(1) The type of retirement benefit selected
				by the member and/or the member's spouse, if applicable, cannot be changed
				under any circumstances on or after the effective date of retirement, except as
				provided in this Section.
(2) In
				the event of the death of the named joint annuitant after the member's
				retirement date, the member shall provide the System with a copy of the joint
				annuitant's death certificate as notice of said death. The member's benefit
				will "pop-up" to reflect the amount of benefit the member would be entitled to
				absent the selection of an option. The "pop-up" increase becomes effective the
				first day of the month following the death of the joint annuitant, provided the
				member has given notice of said death. If the death of the joint annuitant
				occurred prior to June 30, 1994, the benefit increase may become effective with
				the July 1994 benefit payment, provided the member has given notice of said
				death. Retrospective benefits will not be paid for any month prior to July 1994
				and are limited to a maximum of six (6) months. The "pop-up" increase is
				limited to members retiring with an Option A or Option B.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-6 - Failure to submit documents; benefit estimates

Current through Vol. 41, No. 20, July 1, 2024
(a) If all of a retired member's required
				documents have not been received by the fifteenth day of the month in which the
				first retirement benefit payment isto be issued, the System will withhold
				payment of any benefit until all required documents have been received. If all
				the required documents are not received within six (6) months after the
				requested retirement date, the retirement shall be cancelled and no retroactive
				benefits shall be paid. In the event the retirement is cancelled pursuant to
				this section, the member shall be required to reapply for a new retirement date
				which shall be considered as having met the sixty (60) day notice
				requirement.
(b) In order to
				receive a benefit estimate, a member shall provide all the required documents
				necessary for the System to calculate the benefit estimate. No benefit estimate
				shall be processed until such documents have been received. The System shall
				determine which documents are necessary to calculate a benefit
				estimate.
Amended at 21 Ok Reg
				  1759, eff 6-11-04; Amended at 22 Ok Reg 1354, eff
				  5-26-05
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-7 - Allowable adjustments

Current through Vol. 41, No. 20, July 1, 2024
Any adjustments made to the retirement benefit due to credit
				  given for unused sick leave, longevity payment or delinquent service shall be
				  retroactive to the effective date of retirement.
Amended at 25 Ok Reg
				  1001, eff 5-11-08
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-9 - Fractional year computations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Rounding of fractional year.
Pursuant to 74 O.S. §
									913(C),
				a fractional year of six (6) months or more shall be considered as one (1) year
				and less than six (6) months shall be disregarded. This round-up provision may
				be used one time for credited service of a member to establish the benefit of
				the member. This rule is necessary to prevent the gain or loss of service
				credit to a member. In no event shall the rounding up provisions apply if it
				would result in any member receiving an additional year or years that the
				member would not otherwise be entitled to receive.
(b)
Rounding for members joining on or
				after November 1, 2012.
Notwithstanding the provisions of subsection (a)
				of this section, for members who join the System on or after November 1, 2012,
				rounding of fractional years shall not be permitted. The number of years of
				credited service shall be based on the actual years and months of credited
				service without rounding up or down. Unused sick leave, as provided for in 74
				O.S. §
									913(B)(7)(a),
				shall be credited at the same rate but not used to round up to another year.
				Any additional months of unused sick leave credit shall be added to other
				service credit without any rounding.
(c)
Correctional and probation and
				parole officers.
Pursuant to 74 O.S. §
									915(A),
				the computation of retirement benefits of Department of Corrections
				Correctional and Probation and Parole Officers is 2.25% for certain credit
				prior to July 1, 1990, and 2.5% for certain credit after July 1, 1990, and 2%
				for all other credit.
(1) Such members may
				retire with fractional years of service credit in the 2.25% and the 2.5%
				categories and the statutes only provide for computation at these rates on full
				years of service. Due to the fact that only the total credited service can be
				rounded up, some members may face losing a year of service credit when the
				fractional years of credit are disregarded.
(2) To prevent such a loss of service credit,
				the fractional portions of years in the 2.25% and the 2.5% categories will be
				added to the years of credit used in the 2% category and rounded up therein, if
				applicable. If a member still loses a year of service credit after adding the
				fractional years to the 2% category, the fractional years may be added to the
				2.25% category and rounded up therein, if applicable.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-10 - Final benefit

Current through Vol. 41, No. 20, July 1, 2024
The retirement benefit payable for the month of death of a
				  member, joint annuitant or survivor shall be payable to said member, joint
				  annuitant, or surviving spouse. In the event the final benefit is returned to
				  the System or is not otherwise paid, the benefit shall be paid to the member's
				  named beneficiary. If there is no named beneficiary or estate, the final
				  monthly benefit payment shall be paid to the first of the following:
(1) surviving spouse;
(2) surviving children in equal
				shares;
(3) surviving parents in
				equal shares;
(4) surviving
				siblings in equal shares;
(5)
				member's estate .
Amended at 16 Ok Reg
				  610, eff 12-2-98 (emergency); Amended at 16 Ok Reg 2010, eff 6-11-99; Amended
				  at 22 Ok Reg 126, eff 10-6-04 (emergency); Amended at 22 Ok Reg 1354, eff
				  5-26-05
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-11 - Minimum final average compensation

Current through Vol. 41, No. 20, July 1, 2024
(a) All members retiring on or after July 1,
				1994 shall have benefits calculated using a final average compensation of not
				less than Thirteen Thousand Eight Hundred Dollars ($13,800.00), provided they
				became members of the System prior to July 1, 1995.
(b) For all persons who become members of the
				System on or after July 1, 1995, the minimum final average compensation shall
				be determined by the number of years of credited service they have at the time
				of retirement. For those members with twenty (20) or more years of credited
				service, they shall have benefits calculated using a final average compensation
				of not less than Thirteen Thousand Eight Hundred Dollars ($13,800.00). For
				those members with fifteen (15) to nineteen (19) years of credited service,
				they shall have benefits calculated using a final average compensation of Six
				Thousand Nine Hundred Dollars ($6,900.00). For those members with less than
				fifteen (15) years of credited service, there shall be no minimum final average
				compensation.
Added at 12 Ok Reg 3237,
				  eff 7-27-95; Amended at 12 Ok Reg 3660, eff 9-1-95 through 7-14-96 (emergency);
				  Amended at 13 Ok Reg 3327, eff 7-25-96
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-12 - Unpaid leave

Current through Vol. 41, No. 20, July 1, 2024
Any period of unpaid leave approved and authorized by the
				  employer, shall not constitute a break in service for retirement purposes;
				  however service credit shall not accrue during any such periods of unpaid
				  leave. This section applies to any unpaid leave status, including but not
				  limited to family medical leave, worker's compensation leave, or military
				  leave.
Added at 12 Ok Reg 3237,
				  eff 7-27-95
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-14.1 - Seasonal or temporary employment; calculation of 1,000 hours

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definition.
Seasonal or temporary employment shall mean employment
				that is limited in term, where the employee is only expected to remain in the
				position for a certain period of time. The employment can be seasonal or until
				the specific job or duty is completed. Employees who are hired in a job or
				position, that is non-seasonal with full-time work load and undefined duration
				or that requires more than 1,000 hours per year, whether designated as
				seasonal, temporary, probationary, provisional, or some other label, must be
				enrolled and participate in the System on the date of the hire and not at the
				end of a temporary, probationary, provisional, or some other labeled period.
				Employees hired purely for seasonal or temporary duties are excluded from
				participation in the System pursuant to 74 O.S. §
									902(14).
(b)
Failure to enroll employees.
Participating employers who fail to enroll employees when required by law shall
				be subject to the provisions of 74 O.S. §
									917(7)
				and any other provision of law which may be applicable.
(c)
Calculation of 1,000 hours.
In determining the eligibility of an employee in relation to the requirement of
				at least 1,000 hours of employment per year pursuant to 74 O.S. §
									902(14),
				the System shall calculate the hours using a rolling year or a rolling 12
				consecutive months. If an employee has at least 1,000 hours of work during any
				consecutive 12 month period, the employee shall meet the hours of work
				eligibility requirement. The determination or calculation of 1,000 hours shall
				not be based on a calendar year, fiscal year, or from the date of
				employment.
Added at 30 Ok Reg 550, eff
					 5-11-13
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-16 - Rollovers

Current through Vol. 41, No. 20, July 1, 2024
(a) This section
				applies to the Oklahoma Public Employees Retirement System and to the Uniform
				Retirement System for Justices and Judges.
(b) A distributee may elect to have eligible
				rollover distributions paid in a direct rollover to an eligible retirement plan
				the distributee specifies, pursuant to Section 401(a)(31) of the federal
				Internal Revenue Code.
(c)
				"Eligible rollover distribution" means any distribution of all or any portion
				of the balance to the credit of the distributee, except that an eligible
				rollover distribution does not include: any distribution that is one of a
				series of substantially equal periodic payments (not less frequently than
				annually) made for the life (or life expectancy) of the distributee or the
				joint lives (or joint life expectancies) of the distributee and the
				distributee's designated beneficiary, or for a specified period of ten years or
				more; any distribution to the extent such distribution is required under
				Section 401(a)(9) of the Internal Revenue Code; the portion of any distribution
				that is not includible in gross income; and any other distribution that is
				reasonably expected to total less than Two Hundred Dollars ($200.00) during the
				year. Effective January 1, 2002, the definition of eligible rollover
				distribution also includes a distribution to a surviving spouse, or to a spouse
				or former spouse who is an alternate payee under a qualified domestic relations
				order, as defined in Section 414(p) of the Internal Revenue Code.
(d) Effective January 1, 2002, a portion of a
				distribution shall not fail to be an eligible rollover distribution merely
				because the portion consists of after-tax employee contributions that are not
				includible in gross income. However, such portion may be transferred only:
(1) To an individual retirement account or
				annuity described in Section 408(a) or (b) of the Internal Revenue Code or to a
				qualified defined contribution plan described in Section 401(a) of the Internal
				Revenue Code that agrees to separately account for amounts so transferred (and
				earnings thereon), including separately accounting for the portion of the
				distribution that is includible in gross income and the portion of the
				distribution that is not so includible;
(2) on or after January 1, 2007, to a
				qualified defined benefit plan described in Section 401(a) of the Internal
				Revenue Code or to an annuity contract described in Section 403(b) of the
				Internal Revenue Code that agrees to separately account for amounts so
				transferred (and earnings thereon), including separately accounting for the
				portion of the distribution that is includible in gross income and the portion
				of the distribution that is not so includible; or
(3) on or after January 1, 2008, to a Roth
				IRA described in Section 408A of the Internal Revenue Code.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-20 - Actuarial assumptions

Current through Vol. 41, No. 20, July 1, 2024
Effective as of July 1, 1989, the System will determine the
				  amount of any benefit that is determined on the basis of actuarial assumptions
				  using assumptions adopted by the Board of Trustees by resolution. Such benefits
				  will not be subject to employer discretion. The resolutions adopted by the
				  Board of Trustees for this purpose are incorporated as part of the plan
				  document.
Added at 27 Ok Reg 1032,
				  eff 5-13-10
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-21 - Reemployed veterans; compliance with Code Section 414(u)

Current through Vol. 41, No. 20, July 1, 2024
Effective December 12, 1994, notwithstanding any other
				  provision of the retirement system law, contributions, benefits and service
				  credit with respect to qualified military service are governed by Section
				  414(u) of the Internal Revenue Code and the Uniformed Services Employment and
				  Reemployment Rights Act of 1994.
Added at 27 Ok Reg 1032,
				  eff 5-13-10
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-22 - Federal qualified military service rights

Current through Vol. 41, No. 20, July 1, 2024
(a)
Additional benefits if provided by
				Plan.
Effective with respect to deaths occurring on or after January 1,
				2007, while a member is performing qualified military service (as defined in
				Chapter 43 of Title 38, United States Code), to the extent required by Section
				401(a)(37) of the Internal Revenue Code, survivors of a member in a State or
				local retirement or pension system, are entitled to any additional benefits
				that the system would otherwise provide if the member had resumed employment
				and then died, such as accelerated vesting or survivor benefits that are
				contingent on the member's death while employed.
(b)
Differential wage payments.
Beginning January 1, 2009, to the extent required by Sections 3401(h) and
				414(u)(12) of the Internal Revenue Code, an individual receiving differential
				wage payments (while the individual is performing qualified military service as
				defined in Chapter 43 of Title 38, United States Code) from an employer shall
				be treated as employed by that employer and the differential wage payment shall
				be treated as earned compensation. This provision shall be applied to all
				similarly situated individuals in a reasonably equivalent manner.
Added at 27 Ok Reg 1032,
				  eff 5-13-10; Amended at 29 Ok Reg 49, eff 9-28-11 (emergency); Amended at 29 Ok
				  Reg 498, eff 5-11-12
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 7 - Retirement Benefits › Section 590:10-7-23 - Compliance with Section 415 limitations on contributions and benefits

Current through Vol. 41, No. 20, July 1, 2024
(a)
General
				provisions.
Notwithstanding any other provisions of the retirement
				system to the contrary, the member contributions paid to and retirement
				benefits paid from the plan shall be limited to such extent as may be necessary
				to conform to the requirements of Section 415 of the Internal Revenue Code for
				a qualified pension plan.
(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 Section 414(j) of the Internal Revenue Code maintained by the
				member's employer in this plan 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 Section 414(i) of the
				Internal Revenue Code maintained by the member's employer in this plan 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 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 8 - Department of Corrections Benefits › Section 590:10-8-1 - Department of Corrections Hazardous Duty Members

Current through Vol. 41, No. 20, July 1, 2024
Any correctional officer, probation and parole officer or
				  fugitive apprehension agent employed by the Department of Corrections shall
				  participate in the Hazardous Duty benefit provisions of the
				  System.
Added at 22 Ok Reg 126,
				  eff 10-6-04 (emergency); Added at 22 Ok Reg 1354, eff
				  5-26-05
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 8 - Department of Corrections Benefits › Section 590:10-8-2 - Post-Hazardous Duty Members

Current through Vol. 41, No. 20, July 1, 2024
Post-Hazardous Duty Members are considered to be those
				  employees of the Department of Corrections who are required to continue
				  participation in the special benefit structure within the System for Hazardous
				  Duty Members and as provided in this Subchapter.
Added at 22 Ok Reg 126,
				  eff 10-6-04 (emergency); Added at 22 Ok Reg 1354, eff
				  5-26-05
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 8 - Department of Corrections Benefits › Section 590:10-8-3 - Continuation of Hazardous Duty benefits

Current through Vol. 41, No. 20, July 1, 2024
(a) Any employee of the Department of
				Corrections who participated in the System as a Hazardous Duty Member as a
				result of employment as a correctional officer, probation and parole officer or
				fugitive apprehension agent shall be required to continue to participate as a
				hazardous duty employee for all future periods of employment with the
				Department of Corrections, provided that:
(1)
				the member was employed by the Department of Corrections as a correctional
				officer, probation and parole officer or fugitive apprehension agent on June
				30, 2004, or was first hired by the Department of Corrections as a correctional
				officer, probation and parole officer or fugitive apprehension agent after June
				30, 2004; and
(2) the member
				received a promotion or change in job classification after June 30, 2004;
				and
(3) the member has participated
				as a Hazardous Duty Member as a correctional officer, probation and parole
				officer or fugitive apprehension agent at least five (5) full years.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 8 - Department of Corrections Benefits › Section 590:10-8-4 - Maximum Participation as a Hazardous Duty Member

Current through Vol. 41, No. 20, July 1, 2024
Hazardous Duty Members and Post-Hazardous Duty Members who
				  are employed by the Department of Corrections shall pay the higher contribution
				  rate set forth in Title 74 O. S. Section
				  919.1(1)(c)
				  and (d) for a maximum of twenty (20) full
				  years. If the Hazardous Duty Members and Post-Hazardous Duty Members remain
				  employed by the Department of Corrections after twenty (20) full years of
				  payment of the higher contribution rate, the required employee contribution
				  rate shall be as provided in 919.1 (1) (a) and (b).
Added at 22 Ok Reg 126,
				  eff 10-6-04 (emergency); Added at 22 Ok Reg 1354, eff
				  5-26-05
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 8 - Department of Corrections Benefits › Section 590:10-8-5 - Normal retirement date for Post-Hazardous Duty Members

Current through Vol. 41, No. 20, July 1, 2024
In addition to a normal retirement date as defined in 74 O.S.
				  §
									902(24),
				  Post-Hazardous Duty Members who are employed by the Department of Corrections
				  at the time of retirement are eligible to retire after completion of at least
				  twenty (20) years of full-time-equivalent employment as provided in
				  590:10-3-6
				  of these rules; provided, the required higher contribution for Hazardous Duty
				  Members is paid or the member was employed, pursuant to 74 O.S. §
									915(A)(8),
				  as a correctional officer or probation and parole officer at the Department of
				  Corrections.
Added at 22 Ok Reg 126,
				  eff 10-6-04 (emergency); Added at 22 Ok Reg 1354, eff 5-26-05; Amended at 29 Ok
				  Reg 49, eff 9-28-11 (emergency); Amended at 29 Ok Reg 498, eff
				  5-11-12
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 8 - Department of Corrections Benefits › Section 590:10-8-6 - Employer Responsibility for Continuation of Hazardous Duty Benefits

Current through Vol. 41, No. 20, July 1, 2024
It is the responsibility of the Department of Corrections to
				  ensure that the correct employee contributions are withheld for all employees.
				  It is also the responsibility of the Department of Corrections to provide any
				  necessary documentation to confirm eligibility of any current or former
				  employee for benefits under this Subchapter.
Added at 22 Ok Reg 126,
				  eff 10-6-04 (emergency); Added at 22 Ok Reg 1354, eff
				  5-26-05
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 9 - Survivors and Beneficiaries › Section 590:10-9-1 - Survivors' benefits

Current through Vol. 41, No. 20, July 1, 2024
(a) If an active or
				retired elected official with a minimum of six (6) years of participating
				service, who was first elected or appointed before November 1, 2011, or an
				active or retired elected official with a minimum of eight (8) years of
				participating service who was first elected or appointed on or after November
				1, 2011, dies, the surviving spouse is eligible to receive one half (1/2) of
				the elected official's benefit provided the elected official had met the
				service requirements for retirement. If a retired elected member selected an
				Option to apply to his/her service, the joint annuitant receives the Option
				benefit instead of the one half (1/2) benefit to the spouse.
(b) At the death of a member who is eligible
				to retire pursuant to law but is not actually retired, or is eligible to vest
				or had elected a vested benefit, the surviving spouse shall be entitled to
				receive the appropriate Option benefit as provided by law beginning at the date
				the deceased member would have become eligible to receive such benefits had the
				member survived. The System may withhold benefits to the surviving spouse until
				the necessary documentation is received and verified. The benefits payable
				shall accrue from the first day of the month following the death of the member
				if the deceased member met the requirements for an early or normal
				retirement.
Amended at 12 Ok Reg
				  3237, eff 7-27-95; Amended at 24 Ok Reg 1135, eff 5-11-07; Amended at 29 Ok Reg
				  49, eff 9-28-11 (emergency); Amended at 29 Ok Reg 498, eff
				  5-11-12
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 9 - Survivors and Beneficiaries › Section 590:10-9-2 - Death benefit payment

Current through Vol. 41, No. 20, July 1, 2024
(a)
Payment of benefit.
The four thousand dollars ($4,000) death
				benefit, available for any retired member who died on or after July 20, 1987,
				shall be payable to the beneficiary listed by the member or to the member's
				estate. This beneficiary designation is not affected by any designation of
				joint-annuitant, deferred compensation beneficiary or insurance beneficiary,
				unless otherwise specifically designated in writing by member. For any retired
				member who died on or after July 1, 1999, the death benefit amount shall be
				five thousand dollars ($5,000).
(b)
Assignment of benefit.
The beneficiary, or if none the member's
				estate or the heirs of the member in the case of a probate waiver, may assign
				the death benefit to a person licensed as a funeral director or to a lawfully
				recognized business entity licensed as required by law to provide funeral
				services for the deceased member.
Amended at 17 Ok Reg
				  608, eff 12-2-99 through 7-14-00 (emergency)1;
				  Amended at 17 Ok Reg 3178, eff 7-27-00; Amended at 28 Ok Reg 95, eff 9-17-10
				  (emergency); Amended at 28 Ok Reg 664, eff
				  5-12-11
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
				  7-15-00 (after the 7-14-00 expiration of the emergency action), the text of
				  Section 590:10-9-2 reverted back to the permanent text that was effective prior
				  to enactment of the emergency action on 12-2-99, as was last published in the
				  1996 Edition of the OAC, and remained as such until amended by permanent action
				  on 7-27-00.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 9 - Survivors and Beneficiaries › Section 590:10-9-3 - Divorced spouse beneficiaries

Current through Vol. 41, No. 20, July 1, 2024
All designations of beneficiaries to a divorced spouse of
				  accumulated employee contributions or the death benefit will be void, unless
				  the divorced spouse has been named after the divorce decree is rendered or if
				  the divorce decree specifies the divorced spouse is entitled to receive the
				  benefits. The System shall void such designation of beneficiary only upon
				  receipt of the divorce decree. The System is not responsible for any payments
				  made in good faith without notice of divorce. The provisions of this rule are
				  applicable for any Plan or account managed or administered by the
				  Board.
Amended at 20 Ok Reg
				  1750, eff 6-12-03
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 9 - Survivors and Beneficiaries › Section 590:10-9-4 - Probate waivers

Current through Vol. 41, No. 20, July 1, 2024
(a) In the event a
				member dies, leaving no living beneficiary or having designated his Estate as
				beneficiary, the System may require the judicial appointment of an
				administrator or executor for the member's estate prior to payment of any
				benefits or unpaid contributions. This requirement may be waived for payments
				in an amount of Twenty Five Thousand Dollars ($25,000) or less upon
				presentation of the member's valid Last Will and Testament, trust documents or
				affidavit that a will does not exist, an Affidavit of Heirship naming all heirs
				to the member's estate, a Hold-Harmless Agreement signed by all heirs, a
				corroborating affidavit from someone other than an heir who is familiar with
				the deceased member, and proof of payment of all last debts of the member.
				These documents shall comply with the provisions of 74 O.S. §
									916.1.
				If there is any question as to the validity of any document herein required,
				the judicial appointment shall not be waived.
(b) If the System is paying a benefit or
				unpaid contributions under this rule, the payment shall be paid to the first of
				the following:
(1) surviving spouse;
(2) surviving children in equal
				shares;
(3) surviving parents in
				equal shares;
(4) surviving
				siblings in equal shares;
(5)
				member's estate.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 10 - Department of Corrections Death in Performance of Duty Benefits › Section 590:10-10-1 - Eligibility for Benefit

Current through Vol. 41, No. 20, July 1, 2024
The Surviving Spouse and the Surviving Child or children of
				  any correctional officer or probation and parole officer employed by the
				  Department of Corrections who is killed or mortally wounded on or after January
				  1, 2000, and of any employee of the Department of Corrections who is killed or
				  mortally wounded on or after July 1, 2004, shall be eligible for the benefits
				  as set out in this Subchapter, provided said employee was a participating
				  member of the Oklahoma Public Employees Retirement System at the time of his or
				  her death and his or her death occurred as a direct result of the performance
				  of his or her duties for the Department.
Added at 22 Ok Reg 126,
				  eff 10-6-04 (emergency); Added at 22 Ok Reg 1354, eff
				  5-26-05
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 10 - Department of Corrections Death in Performance of Duty Benefits › Section 590:10-10-2 - Killed in Performance of Duty

Current through Vol. 41, No. 20, July 1, 2024
Killed in the performance of duty means an employee's death
				  as a direct result of an action, whether felonious or accidental, occurring as
				  a direct result of performing his or her assigned work-related functions for
				  the Department of Corrections. Work-related function means action that the
				  employee is authorized or obligated to perform by law, rule, regulation, or
				  condition of employment or service, which is performed while on paid duty with
				  the Department of Corrections.
Added at 22 Ok Reg 126,
				  eff 10-6-04 (emergency); Added at 22 Ok Reg 1354, eff
				  5-26-05
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 10 - Department of Corrections Death in Performance of Duty Benefits › Section 590:10-10-3 - Mortally Wounded in Performance of Duty

Current through Vol. 41, No. 20, July 1, 2024
Mortally wounded means a personal injury where death occurs
				  within one (1) year as a direct and proximate result of an injury which would
				  have qualified for death benefits as provided in this Subchapter. Direct and
				  proximate result means that the injury sustained in the performance of duty is
				  the primary and substantial factor in the resulting death.
Added at 22 Ok Reg 126,
				  eff 10-6-04 (emergency); Added at 22 Ok Reg 1354, eff
				  5-26-05
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 10 - Department of Corrections Death in Performance of Duty Benefits › Section 590:10-10-4 - Exclusions

Current through Vol. 41, No. 20, July 1, 2024
No benefits shall be paid under this subchapter:
(1) if the death was caused by the
				intentional misconduct of the employee or if the employee intended to bring
				about his or her death;
(2) if the
				death is an accidental death as a result of travel to and from work;
(3) if the employee was intoxicated with a
				blood alcohol level of .10 or greater at the time of death or injury;
(4) if the employee was under the influence
				of illegal drugs or improperly used prescription drugs at the time of death or
				injury; or
(5) if death is the
				natural death of the employee or death is the primary result of a disease or
				medical condition.
Added at 22 Ok Reg 126,
				  eff 10-6-04 (emergency); Added at 22 Ok Reg 1354, eff
				  5-26-05
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 10 - Department of Corrections Death in Performance of Duty Benefits › Section 590:10-10-5 - Surviving Spouse Benefit

Current through Vol. 41, No. 20, July 1, 2024
The Surviving Spouse of an employee killed or mortally
				  wounded in the performance of his or her duties with the Department of
				  Corrections shall receive benefits as provided in Title 74 O.S. Section
				  916.3.
				  Surviving Spouse means a person who was legally married to the employee at the
				  time of the employee's death. The burden of proof regarding establishing and
				  proving the existence of the marriage shall rest with the person claiming
				  Surviving Spouse status.
Added at 22 Ok Reg 126,
				  eff 10-6-04 (emergency); Added at 22 Ok Reg 1354, eff
				  5-26-05
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 10 - Department of Corrections Death in Performance of Duty Benefits › Section 590:10-10-6 - Surviving Spouse Benefit Election

Current through Vol. 41, No. 20, July 1, 2024
An otherwise eligible Surviving Spouse of an employee killed
				  or mortally wounded in the performance of his or her duties with the Department
				  of Corrections shall not receive benefits as provided in Title 74 O.S. Section
				  916.3
				  if he or she is receiving or elects to receive any type of survivor benefits
				  from the Oklahoma Firefighters Pension and Retirement System, the Oklahoma
				  Police Pension and Retirement System or the Oklahoma Law Enforcement Retirement
				  System on account of this or any spouse. The Surviving Spouse must make an
				  irrevocable election of benefits within ninety (90) days of eligibility for
				  benefits. The Surviving Spouse cannot receive surviving spouse benefits for
				  more than one member of the specified retirement systems. Receipt of benefits
				  from any such retirement system shall be presumed to constitute such an
				  election. The Surviving Spouse must certify annually that he or she is not
				  receiving any type of survivor benefits from another state retirement
				  system.
Added at 22 Ok Reg 126,
				  eff 10-6-04 (emergency); Added at 22 Ok Reg 1354, eff
				  5-26-05