reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 5 - Establishing Other Service Credits › Section 715:10-5-22 - Out-of-state service limited to maximum of five years

Current through Vol. 41, No. 20, July 1, 2024
Credit for out-of-state service is limited to a maximum of
				  five (5) years. This includes credit for service both before and after July 1,
				  1943. No credit may be given for any year of out-of-state service which
				  duplicates any other credit already granted or in which a year of creditable
				  service is available for service in the public schools of Oklahoma. The member
				  must have two (2) years of creditable Oklahoma service after each year of
				  out-of-state service purchased. Military service credit cannot count as
				  employment in obtaining credit for out-of-state service
				  credit.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 5 - Establishing Other Service Credits › Section 715:10-5-23 - Out-of-state service combined with Oklahoma service

Current through Vol. 41, No. 20, July 1, 2024
Qualifying out-of-state service after July 1, 1943 can be
				  combined with Oklahoma service performed in the same school year to obtain one
				  year of service. The combined service must total one hundred twenty (120) days
				  of employment, excluding preschool conference, holidays or other days when the
				  member was not required to report to work. If the Oklahoma service to be
				  combined with out-of-state service was not as an active contributing member of
				  TRS, the member must have worked a minimum of ninety (90) days in Oklahoma
				  public schools. Under no condition may out-of-state service performed in one
				  school year be combined with Oklahoma service in a different school year. Any
				  service combined with Oklahoma service counts as one (1) year toward the
				  maximum service allowed for out-of-state service credit.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 5 - Establishing Other Service Credits › Section 715:10-5-24 - Continuous, consecutive out-of-state service

Current through Vol. 41, No. 20, July 1, 2024
Continuous consecutive out-of-state service performed in two
				  (2) school years may be combined to receive a year of out-of-state service
				  credit. Continuous consecutive service shall mean service performed as a
				  full-time employee of a public school of another state without any break in
				  employment between one school year and the next. A member employed the second
				  semester of one school year and the first semester of the next school year may
				  qualify for one (1) year of out-of-state credit. Under no condition shall a
				  member receive more credit for out-of-state service than the member would have
				  accrued had the service been performed in the public schools of
				  Oklahoma.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 5 - Establishing Other Service Credits › Section 715:10-5-25 - Application for out-of-state service credit

Current through Vol. 41, No. 20, July 1, 2024
Members desiring to obtain credit for out-of-state service
				  credit should submit to TRS a Verification of Out-of-State Service form .
				  Included with the verification should be a list of all employment in the public
				  schools of other states. Verification forms must be completed by the state
				  retirement system for the employing state. TRS may require the member to
				  provide such other evidence as may be required to establish the member's
				  eligibility for out-of-state service. When the system determines the service
				  eligible for credit, it shall bill the member for the years of eligible credit.
				  If the member becomes eligible for additional credit after the billing by TRS
				  it shall be the responsibility of the member to request a second billing.
				  Payment must be made by the date shown on the billing statement to avoid
				  additional charges that may be required after the expiration of the billing
				  date.
Amended at 19 Ok Reg
				  2729, eff 7-11-02
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 5 - Establishing Other Service Credits › Section 715:10-5-26 - Cost to purchase out-of-state service

Current through Vol. 41, No. 20, July 1, 2024
The purchase price for each year of out-of-state service
				  defined in OAC
				  715:10-5-21
				  shall be based on the actuarial cost as defined in OAC
				  715:10-5-4.
				  All payments for such service must be made while an active contributing member
				  of TRS, or within sixty (60) days of termination of employment in the public
				  schools of Oklahoma, but must be completed prior to the effective date of
				  retirement. No person may purchase out-of-state service credit after the date
				  of death of the member.
Amended at 15 Ok Reg 48,
				  eff 9-4-97 (emergency); Amended at 15 Ok Reg 3481, eff
				  7-15-98
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 5 - Establishing Other Service Credits › Section 715:10-5-27 - Other restrictions on out-of-state service

Current through Vol. 41, No. 20, July 1, 2024
Out-of-state service performed after the last year of
				  Oklahoma membership service shall not qualify as out-of-state credit. A member
				  who returns to Oklahoma public education employment after working out-of-state
				  shall purchase that out-of-state service in the same manner as a new member of
				  TRS: i.e., the member must have two (2) years of Oklahoma service after the
				  out-of-state service for each year of out-of-state service purchased. No
				  out-of-state service or salaries shall be utilized for the calculation of a
				  member's final average salary at retirement. No out-of-state service can be
				  used to meet the minimum requirement of five (5) full years of employment in
				  the public schools of Oklahoma to qualify for vesting and retirement
				  benefits.
Amended at 22 Ok Reg
				  2255, eff 6-25-05
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 5 - Establishing Other Service Credits › Section 715:10-5-28 - Sick leave service credit

Current through Vol. 41, No. 20, July 1, 2024
A member who has unused sick leave days at retirement may
				  receive up to one (1) additional year of service credit. The additional service
				  credit for sick leave days shall be equal to the number of unused sick leave
				  days divided by one hundred twenty (120) days. Such service shall be added to
				  other service credit earned while employed by the public schools of Oklahoma.
				  It is the responsibility of the member to obtain verification of sick leave
				  from the employing school prior to the member's official retirement date. No
				  adjustment in retirement benefits shall be made for sick leave documented after
				  the member's retirement date. Sick leave cannot be combined with out-of-state,
				  military service or any non-public Oklahoma school employment to obtain
				  additional credit toward retirement. Service credit obtained by unused sick
				  leave may be used in qualifying for retirement benefits under the "Combination
				  of 80," "Combination of 90," and "Rule of 90/Minimum 60." For any member who
				  joined TRS prior to July 1, 1995, the year of credit received for sick leave
				  shall be treated as service earned prior to July 1, 1995. Unused sick leave may
				  not be used to vest an account or to meet the minimum requirement of five (5)
				  years of employment in the public schools of Oklahoma to qualify for retirement
				  benefits. Sick leave accumulated while employed by any employer other than a
				  public school as defined by 70 O.S. 17-101 shall not be counted for purposes of
				  obtaining additional retirement credit under this rule.
Amended at 10 Ok Reg
				  3879, eff 7-12-93; Amended at 29 Ok Reg 854, eff
				  8-1-12
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 5 - Establishing Other Service Credits › Section 715:10-5-29 - Verification of accumulated sick leave

Current through Vol. 41, No. 20, July 1, 2024
Sick leave can only be verified on termination of employment,
				  or when filing a retirement contract. The verification must be made by the
				  superintendent, financial officer, clerk of the board of education, or
				  treasurer of the school district who must attest to the accuracy of the records
				  used to make the verification. The verification must be based on records
				  maintained and available at the local school and must be in keeping with local
				  board policy. TRS will accept the employer's sick leave policy of awarding sick
				  leave, however, in no instance will TRS accept more than fifteen (15) days of
				  unused accumulated sick leave for any one (1) school year. An employer may not
				  grant additional sick leave for the purpose of establishing, or adding to, the
				  member's total service credit. Sick leave donated by other employees cannot be
				  added to a member's sick leave record for purposes of this rule. The System may
				  require the employing school to make available to it such other evidence as may
				  be required to establish the member's eligibility for sick leave credit. Unused
				  sick leave can be accumulated from the date of employment in the public schools
				  of Oklahoma, or August 1, 1959, whichever occurred last, to the date of
				  termination of employment in the public schools of Oklahoma. Reimbursements
				  received by a member for unused sick leave accumulated prior to retirement
				  shall not be considered as "regular annual compensation" as defined in OAC
				  715:10-13-1
				  and not subject to TRS contributions as provided for in Subchapter 13 of this
				  chapter. (NOTE: Employers are encouraged to establish a system of tracking
				  total days earned and used, even when the total days credited exceed the
				  maximum limit set for local policy.)
Amended at 19 Ok Reg
				  2729, eff 7-11-02
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 5 - Establishing Other Service Credits › Section 715:10-5-30 - Ten-year averaging of sick leave

Current through Vol. 41, No. 20, July 1, 2024
When a member cannot obtain documentation of accumulated sick
				  leave because records at the employing school(s) are not available, TRS will
				  calculate an average using the last ten (10) years of employment. The number of
				  days absent each year during the last ten (10) years shall be averaged to
				  determine the average number of sick leave days used each year. The average
				  sick leave used will be subtracted from a standard ten (10) days per school
				  year and the difference multiplied by the total years of creditable Oklahoma
				  membership service.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 5 - Establishing Other Service Credits › Section 715:10-5-31 - Documentation of service

Current through Vol. 41, No. 20, July 1, 2024
TRS reserves the right to require documentation of all
				  service years credited to a member's account.
(1) Members who are claiming eligible service
				after the school year in which it was actually rendered must verify the claim
				on the appropriate Teachers' Retirement System form. The specific documentation
				required will depend on the type of service being purchased. Under no
				circumstances will affidavits be accepted as documentation.
(2) The ultimate responsibility for obtaining
				verification of service is that of the member.
(3) The correctness of the service must be
				certified on the appropriate form by an official of the school where the
				service was rendered. This can be done by the superintendent, business manager,
				secretary of the school board, or treasurer of the school board at the time the
				certification is made. The certification must be based upon existing records
				maintained by the school and certified copies of these records must be attached
				to the application.
(4) TRS will
				also accept federal or state tax records, or Detailed Earnings Information
				records from the Social Security Administration, as supporting documentation of
				employment where records cannot be obtained from the employing school, or where
				the records available are not deemed to be conclusive.
(5) No credit may be granted unless clear and
				convincing proof of eligible service has been provided from a source other than
				the applicant member. A conclusion that clear and convincing proof has not been
				provided should in no way be construed as a challenge to the member's or any
				other affidavit's truthfulness and integrity.
(6) The executive director of TRS shall be
				empowered to determine the completeness of documents submitted by a member in
				establishing service credit.
Amended at 28 Ok Reg
				  981, eff 5-26-11
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 5 - Establishing Other Service Credits › Section 715:10-5-33 - Credit for family leave

Current through Vol. 41, No. 20, July 1, 2024
(a) A full-time
				teacher who takes ninety (90) or fewer days of leave without pay to care for
				the teacher's child during the first year of the child's life shall receive
				retirement service credit for the days taken as leave without pay if:
(1) the employing district certifies to TRS
				that the employee's leave without pay was taken with the proper approval of the
				employing district's Board of Education; and
(2) TRS receives payment for the actuarial
				cost of the service credit for the days taken as leave without pay;
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 5 - Establishing Other Service Credits › Section 715:10-5-34 - Credit for Adjunct Service in Higher Education

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to 70
				O.S. §116.16, a TRS member who was employed in an adjunct position in an
				institution under The Oklahoma State System of Higher Education before joining
				the Retirement System may purchase service credit for that
				employment.
(b) The member may
				purchase one year of service credit for each school year in which he or she
				worked a minimum of eighteen (18) credit hours in such an adjunct position, up
				to a maximum five (5) years. Such purchased service credit shall be considered
				contributing service for vesting and retirement.
(c) The purchase price for eligible adjunct
				service credit shall be based upon actuarial cost as defined in OAC
				715:10-5-4. All payments for such
				service credit must be made while the member is an active contributing member
				or within sixty (60) days after the end of the member's employment in the
				public schools in Oklahoma and must be completed before the member's effective
				retirement date. No person may purchase service credit for such adjunct
				employment after the member's death.
(d) The payments for such service credit may
				be made in one lump sum or in equal monthly installments for up to sixty (60)
				months, as provided in OAC
				715:10-5-4(9).
Added at 18 Ok Reg 50,
				  eff 10-3-00 (emergency); Added at 18 Ok Reg 3152, eff
				  7-12-01
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 5 - Establishing Other Service Credits › Section 715:10-5-36 - Compliance with Code Section 401(a)(37) and the HEART Act

Current through Vol. 41, No. 20, July 1, 2024
(a) 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 State Code), to
				the extent required by Internal Revenue Code Section 401(a)(37), survivors of a
				member in a State or local retirement or pension system, are entitled to any
				additional benefits that the system would 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) Beginning January 1, 2009, to the extent
				required by Internal Revenue Code Sections 3401(h) and 414(u)(12), an
				individual receiving differential wage payments (while the individual is
				performing qualified military service (as defined in chapter 43 of title 38,
				United State Code)) from an employer shall be treated as employed by that
				employer and the differential wage payment shall be treated as earned
				compensation, but contributions attributable to such differential wage payments
				shall not be made unless and until the member returns to active employment and
				makes up the missed contributions. This provision shall be applied to all
				similarly situated individuals in a reasonably equivalent manner.
Added at 30 Ok Reg 1476, eff
					 7-1-13
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 5 - Establishing Other Service Credits › Section 715:10-5-37 - Incentive service credit

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to
				70 O.S. §17-116.2B, an active member of TRS who is employed and participating
				with an entity or institution within The Oklahoma State System of Higher
				Education may purchase not to exceed two (2) years of incentive credit if:
(1) the member has reached his or her normal
				retirement date or is within two (2) years of reaching the member's normal
				retirement date as authorized in Section 17-105 of this title, or
(2) the member is eligible for or is within
				two (2) years of being eligible for early retirement pursuant to paragraph 1 of
				subsection A of Section 17-116.2 of this title.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 5 - Establishing Other Service Credits › Section 715:10-5-38 - Credit for service as an optional employee prior to July 1, 2021

Current through Vol. 41, No. 20, July 1, 2024
Members may obtain service credit for qualified employment in
				  public educational institutions in the State of Oklahoma for work performed
				  prior to July 1, 2021, as an optional, non-classified employee under certain
				  circumstances.
(1) The member shall not
				be eligible to purchase withdrawn service as described in OAC
				715:10-5-9(2)
				or service for which the member had ceased monthly contributions on at any
				prior date as described in OAC
				715:10-5-9(3).
(2) The member is not receiving and is not
				eligible to receive retirement credit or benefits from the service in any other
				public retirement system of this state, the United States government, or any
				other state or territory of the United States.
(3) The purchase price for eligible
				non-classified optional service credit shall be based upon actuarial costs as
				defined in OAC
				715:10-5-4.
				All payments for such service credit must be made while the member is an active
				contributing member or within sixty (60) days after the end of the member's
				employment in the public schools in Oklahoma. No person may purchase service
				credit for such employment after the member's death.
(4) The payments for such service credit may
				be made in one lump sum or in equal monthly installments for up to sixty (60)
				months, as provided in OAC
				715:10-5-4
				and may be made as a picked-up service credit purchase in compliance with OAC
				715:10-5-35.
(5) The purchase of service must be
				completed, and payment made to TRS, no later than ninety (90) days prior to the
				effective date of a member's official retirement date.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 7 - Membership Vesting and Termination › Section 715:10-7-1 - VESTING OF MEMBERSHIP IN TRS

Current through Vol. 41, No. 20, July 1, 2024
Members who have accumulated five (5) or more years of
				  creditable service in the public schools of Oklahoma, on which retirement
				  contributions have been remitted, and whose account had not closed prior to
				  July 1, 2003, in accordance with 70 O.S. §
									17-103(6)
				  or OAC
				  715:10-7-3,
				  shall be granted an indefinite extension of membership in TRS. Such membership
				  is vested and shall remain open until the member retires or the contributions
				  are voluntarily withdrawn. Military and out-of-state service shall not be
				  included in the five (5) years required for vesting. Any year of service
				  obtained by the use of accumulated unused sick leave cannot be included in the
				  five (5) years required for vesting. Any member who joins TRS after July 1,
				  1991, shall be required to have five (5) full years of service credit awarded
				  pursuant to OAC
				  715:10-3-1
				  et seq. as a contributing member of the System. Any member who joins TRS after
				  November 1, 2017, shall be required to have seven (7) full years of service
				  credit awarded pursuant to OAC
				  715:10-3-1
				  et seq. as a contributing member of the System. For members who join after July
				  1, 1991, Oklahoma service purchased after membership will not be counted for
				  "vesting" purposes.
Amended at 21 Ok Reg
				  3091, eff 8-21-03 through 7-14-04 (emergency)1;
				  Amended at 21 Ok Reg 3099, eff 8-12-04
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
				  7-15-04 (after the 7-14-04 expiration of the emergency action), the text of
				  section 715:10-7-1 reverted back to the permanent text that was effective prior
				  to enactment of the emergency action on 8-21-03, as last published in the 2001
				  Edition of the OAC, and remained as such until amended by permanent rulemaking
				  on 8-12-04.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 7 - Membership Vesting and Termination › Section 715:10-7-2 - Limitation of benefits to an inactive, vested member

Current through Vol. 41, No. 20, July 1, 2024
A member who has a vested account, but who terminates
				  employment and no longer remits contributions, has an "inactive-vested"
				  account. An inactive-vested member is not entitled to the following:
(1) Statutory death benefit payable to the
				beneficiaries of an active member.
(2) Participation in the Teachers' Retirement
				System tax-sheltered annuity program.
(3) Option to elect, by the member's spouse,
				retirement benefits in lieu of a lump sum payment of account balance at the
				member's death.
(4) The purchase of
				any additional past service credits.
(5) Insurance coverage from the State and
				Education Employees Group Health Insurance Program, unless proper application
				is made for such coverage within thirty (30) days of termination of employment.
				(See Subchapter 23 of this chapter for more information about group health
				insurance.)
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 7 - Membership Vesting and Termination › Section 715:10-7-3 - Termination because of absence

Current through Vol. 41, No. 20, July 1, 2024
Membership in the Teachers' Retirement System shall terminate
				  if the member ceases to be an active contributing member for a period of five
				  (5) consecutive school years unless the member has five (5) or more years of
				  creditable service in the public schools of Oklahoma and does not voluntarily
				  withdraw his account.
(1) Membership
				rights shall be protected during an absence of not more than five (5) years, in
				any period of six (6) consecutive years, for non-vested members; (i.e., for
				members who have less than five (5) years of contributory employment in the
				public schools of Oklahoma).
(2) If
				employment terminates with the close of the school term, the five (5) year
				period of absence shall begin with the next fiscal year. If employment ends
				during the school term, the period of absence shall begin the first day of the
				month that follows termination.
(3)
				After a non-vested member is absent from employment in the public schools of
				Oklahoma for five (5) years during any period of six (6) consecutive years, the
				member's Teachers' Retirement System account shall be closed with no rights to
				monthly retirement benefits. The member's contributions should be withdrawn as
				no interest accrues on accounts closed because of absence from
				employment.
(4) A member whose
				absence exceeds five (5) years due to military service shall be granted an
				eighteen (18) month extension, from date of discharge, to re-enter Oklahoma
				public education employment in order to retain membership in Teachers'
				Retirement System.
Amended at 21 Ok Reg
				  3091, eff 8-21-03 through 7-14-04 (emergency)1;
				  Amended at 21 Ok Reg 3099, eff 8-12-04
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
				  7-15-04 (after the 7-14-04 expiration of the emergency action), the text of
				  section 715:10-7-3 reverted back to the permanent text that was effective prior
				  to enactment of the emergency action on 8-21-03, as last published in the 2001
				  Edition of the OAC, and remained as such until amended by permanent rulemaking
				  on 8-12-04.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 7 - Membership Vesting and Termination › Section 715:10-7-4 - Extension of TRS membership after absence

Current through Vol. 41, No. 20, July 1, 2024
A member with less than five (5) years of creditable Oklahoma
				  membership service, who has been absent from such service for less than five
				  (5) years during any period of six (6) consecutive years, may extend TRS
				  membership by returning to fulltime employment for one (1) school year.
(1) If a five (5) year period of absence ends
				with the close of a school year, membership shall terminate June 30 of the
				corresponding fiscal year. Except that, membership shall not terminate if the
				member returns to fulltime Oklahoma public schools employment no later than
				September 30 the same calendar year.
(2) If the five (5) year period of absence
				terminates at any other time during the school year, membership shall terminate
				the last day of the last month of employment. Membership shall not terminate if
				the member returns to employment in the Oklahoma public schools no later than
				the last day of the succeeding calendar month.
(3) Unless otherwise specified, a ten (10)
				month school term shall be considered a school year. In adding fractions to
				equal a year of employment, membership shall extend five (5) years from the
				close of the school year during which the member worked the first fractional
				part.
(4) A member whose account
				has closed, but has not withdrawn contributions, may apply for re-instatement
				after returning to employment in the public schools of Oklahoma and completing
				one (1) full year (twelve calendar months) as a contributing member of TRS.
				Upon completion of one (1) full year the member's account will be restored to
				full status with all rights provided to other members.
Amended at 21 Ok Reg
				  3091, eff 8-21-03 through 7-14-04 (emergency)1;
				  Amended at 21 Ok Reg 3099, eff 8-12-04
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
				  7-15-04 (after the 7-14-04 expiration of the emergency action), the text of
				  section 715:10-7-4 reverted back to the permanent text that was effective prior
				  to enactment of the emergency action on 8-21-03, as last published in the 2001
				  Edition of the OAC, and remained as such until amended by permanent action on
				  8-12-04.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 7 - Membership Vesting and Termination › Section 715:10-7-5 - Retired members

Current through Vol. 41, No. 20, July 1, 2024
A retired member receiving a service retirement annuity may
				  not be reinstated to active membership, which was terminated as a result of
				  retirement, nor receive credit for additional membership service, except as
				  provided in OAC
				  715:10-17-13.
				  Disability retirement may be reinstated under certain conditions (see OAC
				  715:10-15-21
				  ).
Amended at 17 Ok Reg
				  204, eff 9-8-99 (emergency); Amended at 17 Ok Reg 3071, eff
				  7-13-00
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 7 - Membership Vesting and Termination › Section 715:10-7-6 - Termination of a non-eligible person

Current through Vol. 41, No. 20, July 1, 2024
A member who is employed by a public education entity, in a
				  position which is not eligible for membership must terminate membership. All
				  contributions remitted for a non-eligible person will be refunded with no
				  interest. If an eligible member's employment is changed to a status that no
				  longer qualifies for membership in TRS, the member's account will be terminated
				  in the same manner as if the member has withdrawn from employment in the public
				  schools of Oklahoma.
Amended at 29 Ok Reg
				  854, eff 8-1-12
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 9 - Survivor Benefits › Section 715:10-9-1 - Return of contributions when death occurs before retirement

Current through Vol. 41, No. 20, July 1, 2024
Upon the death of a member, who has not retired, the
				  designated beneficiary on file with TRS prior to the member's death, or estate
				  (if there is no designated beneficiary, or if the designated beneficiary
				  predeceases the member) shall receive the member's total contributions, plus
				  one hundred percent (100%) of all interest earned through the end of the fiscal
				  year. Interest shall cease to accumulate with the payment of any portion of the
				  member's contributions and interest to any beneficiary. Interest on death
				  claims shall bear a rate equivalent to that of the actuarially assumed rate of
				  return for the System as determined by the Board of Trustees from time to time,
				  calculated according to the following schedule:
(1) July 1, 1968, through June 30, 1977, four
				and one-half percent (4 1/2%), compounded annually.
(2) July 1, 1977, through June 30, 1981,
				seven percent (7), compounded annually.
(3) July 1, 1981, through June 30, 2019,
				eight percent (8%), compounded annually.
(4) July 1, 2019 through June 30, 2020, seven
				and one-half percent (7 1/2%), compounded annually.
(5) July 1, 2020 to present (until changed by
				the Board of Trustees), seven percent (7%), compounded annually. See OAC
				715:10-9-7,
				if the member and beneficiary were divorced before death.
Amended at 17 Ok Reg
				  204, eff 9-8-99 (emergency); Amended at 17 Ok Reg 3071, eff 7-13-00; Amended at
				  19 Ok Reg 2729, eff 7-11-02
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 9 - Survivor Benefits › Section 715:10-9-2 - Death benefit when death occurs before retirement

Current through Vol. 41, No. 20, July 1, 2024
(a) A death benefit of $18,000 shall be paid
				by TRS to the designated beneficiary upon the death of an in-service member. If
				there is no designated beneficiary, or if the designated beneficiary
				predeceases the member, the member's estate shall receive the death benefit.
(b) "In-service" membership shall
				include:
(1) Employees in an active-member
				status within the Oklahoma public education system at the time of death.
(2) Members who have been, or
				would have been rehired, automatically or otherwise, for the next school year
				when death occurs during the summer break.
(3) Members on sick leave, for up to one (1)
				full year, who would be returned to employment by the employer upon
				satisfactory recovery.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 9 - Survivor Benefits › Section 715:10-9-3 - Monthly annuity in lieu of death benefit

Current through Vol. 41, No. 20, July 1, 2024
The designated beneficiary of an in-service member who
				  qualified for service retirement and had ten (10) years or more of creditable
				  service may elect to receive, in lieu of the return of contributions and the
				  $18,000 death benefit, the retirement benefit to which the deceased member
				  would have been entitled at the time of death under the Option 2 retirement
				  plan. To qualify for this option, the designated beneficiary must have been
				  named as the sole beneficiary at the time of the member's death (see OAC
				  715:10-15-1 and 10-15-2 and 70
				  O.S. §17-105(11)). This option is only available when the beneficiary is the
				  member's spouse, another person, or the beneficiary of a Discretionary and
				  Special Needs Trust, provided if the designated beneficiary is not the member's
				  spouse, IRS Regulations require that the adjusted member/beneficiary age
				  difference cannot be more than ten (10) years. [See OAC
				  715:10-15-10, to determine the
				  adjusted member/beneficiary age difference]. [See also OAC
				  715:10-9-7, if the member and
				  beneficiary were divorced before death].
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 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 715:10-9-3 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 again by emergency
				  action on 9-8-99.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 9 - Survivor Benefits › Section 715:10-9-4 - Death Benefit when death occurs after retirement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  841, eff 1-5-95 through 7-14-95 (emergency)1;
				  Amended at 12 Ok Reg 3285, eff 7-27-95; Amended at 15 Ok Reg 48, eff 9-4-97
				  (emergency); Amended at 15 Ok Reg 3481, eff 7-15-98; Amended at 17 Ok Reg 204,
				  eff 9-8-99 (emergency); Amended at 17 Ok Reg 3071, eff 7-13-00; 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
				  7-15-95 (after the 7-14-95 expiration of the emergency action), the text of
				  section 715:10-9-4 reverted back to the permanent text that was effective prior
				  to enactment of the emergency action on 1-5-95, and remained as such until
				  amended by permanent action on 7-27-95.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 9 - Survivor Benefits › Section 715:10-9-5 - Payments to beneficiaries of deceased members

Current through Vol. 41, No. 20, July 1, 2024
Death benefit payments will be made by TRS to the
				  beneficiary(s) of each deceased member as expeditiously as possible. The
				  following documents must be provided to TRS before payment can be made.
(1) The designated beneficiary(s) must
				provide a certified copy of the death certificate and complete a Claimant's
				Affidavit Form.
(2) When no
				designated beneficiary has been named or the designated beneficiary(s)
				predeceases the member, and no waiver is sought, permitted or allowed pursuant
				to OAC
				715:10-9-6, the
				executor/administrator of the member's estate must provide a certified copy of
				the death certificate, complete Claimant's Affidavit Form, and provide Letters
				of Testamentary or other documentation of court appointment.
(3) Payments to minor children named as
				beneficiaries shall be made in accordance with applicable Oklahoma statutes.
				However, all such payments shall be distributed in accordance with the
				requirements of Section 401(a)(9) of the Internal Revenue Code and any
				regulations under that section. [See OAC
				715:10-9-7,
				if the member and beneficiary were divorced before death].
(4) The beneficiary(ies) of the $5,000 or
				$18,000 death benefit may sign an Irrevocable Assignment of Death Benefit and
				Qualified Disclaimer to directly transfer all or a portion of the death benefit
				to a licensed funeral director or facility.
Amended at 11 Ok Reg
				  4785, eff 9-12-94 (emergency); Amended at 12 Ok Reg 841, eff 1-5-95 through
				  7-14-95 (emergency)1; Amended at 12 Ok Reg 3285, eff
				  7-27-95; Amended at 17 Ok Reg 204, eff 9-8-99 (emergency); Amended at 17 Ok Reg
				  3071, eff 7-13-00; Amended 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
				  7-15-95 (after the 7-14-95 expiration of the emergency action), the text of
				  section 715:10-9-5 reverted back to the permanent text that was effective prior
				  to 9-12-94, and remained as such until amended by permanent action on
				  7-27-95.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 9 - Survivor Benefits › Section 715:10-9-6 - 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 shall require the judicial appointment of an
				administrator or executor for the member's estate prior to payment of any
				benefits or unpaid contributions. However, this requirement may be waived by
				the System for any benefits or unpaid contributions in the amount of $25,000.00
				or less, upon presentation of:
(1) the
				member's valid Last Will and Testament;
(2) an Affidavit of Heirship naming all heirs
				to the member's estate which must state:
(A)
				that the value of the deceased member's entire estate is subject to probate,
				and that the entire estate wherever located, less liens and encumbrances, does
				not exceed the amount permitted by law, including the payment of benefits or
				unpaid contributions from the System;
(B) a description of the personal property
				claimed (including the death benefit or unpaid contributions or both), together
				with a statement that such personal property is subject to probate; and
(C) a claim by each individual
				claiming heir identifying the amount of personal property that the heir is
				claiming from the System, and that the heir has been notified of, is aware of
				and consents to the identified claims of all the other claiming heirs of the
				deceased member pending with the System.
(3) a Hold Harmless Agreement signed by all
				heirs;
(4) a Corroborating
				Affidavit from someone other than an heir who is familiar with the deceased
				member; and
(5) proof of payment
				of expenses of last sickness, death and burial, including all medical, hospital
				and funeral expenses.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 9 - Survivor Benefits › Section 715:10-9-7 - Beneficiary designation following a divorce

Current through Vol. 41, No. 20, July 1, 2024
Following a divorce between an active or retired member and
				  his or her spouse whom the member had designated as a beneficiary, the former
				  spouse shall be treated as having predeceased the member for purposes of the
				  death benefit payment and/or a return of contributions from the deceased
				  member's Teachers' Retirement System account, unless the member has renamed the
				  former spouse as a designated beneficiary. (Note: The beneficiary designation
				  is voided by this section and 15 O.S. §
									178,
				  only if the member's designation of beneficiary was signed and dated after
				  November 1, 1987).
Added at 17 Ok Reg 204,
				  eff 9-8-99 (emergency); Added at 17 Ok Reg 3071, eff 7-13-00; Amended at 23 Ok
				  Reg 3073, eff 7-27-06
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 9 - Survivor Benefits › Section 715:10-9-8 - Beneficiary designation for death benefit

Current through Vol. 41, No. 20, July 1, 2024
A member may change or update his or her beneficiary
				  designation for the statutory death benefit at any time in the manner
				  prescribed by TRS. A beneficiary designation is valid for TRS purposes when
				  properly executed and on file with TRS prior to the death of the member. TRS
				  shall not be responsible for determining the competency of a member to
				  designate a beneficiary except as otherwise provided by Oklahoma
				  law.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 11 - Withdrawal From Membership and Refund of Deposits › Section 715:10-11-1 - Withdrawal from membership by an eligible person

Current through Vol. 41, No. 20, July 1, 2024
Any member who terminates employment in the public schools
				  of Oklahoma may voluntarily withdraw from membership in TRS under the following
				  conditions:
(1) 70 O.S. §17-105
				provides that members who leave Oklahoma public education employment are
				eligible to withdraw the contributions made to their TRS account four (4)
				months after termination. A former employee may submit application for the
				proceeds of the account after the last day physically worked. There are no
				exceptions to this waiting period.
(2) Written verification from the school's
				payroll department of a member's termination of employment and/or
				non-resumption of teaching contract must be on file before processing the
				Application for Withdrawal.
(3) The
				years of membership shall be calculated as follows:
(A) For withdrawal purposes - from the date
				of the first contribution of the current membership to the date of withdrawal,
				except that member accounts closed in compliance with OAC
				715:10-7-3
				will be from the date of the first contribution to the date the account is
				closed.
(B) For payment of interest
				purposes - from the date of the first contribution of the current membership to
				the date of withdrawal, except that member accounts closed in compliance with
				OAC
				715:10-7-3
				will be from the date of the first contribution to the date the account is
				closed.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 11 - Withdrawal From Membership and Refund of Deposits › Section 715:10-11-2 - Withdrawal of optional membership while still employed [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
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 2247, eff 3-5-03
				  (emergency); Amended at 20 Ok Reg 2596, eff 7-11-03; Amended at 28 Ok Reg 981,
				  eff 5-26-11; Amended 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
				  7-15-97 (after the 7-14-97 expiration of the emergency action), the text of
				  section 715:10-11-2 reverted back to the permanent text that was effective
				  prior to enactment of the emergency action on 8-5-96, as 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 11 - Withdrawal From Membership and Refund of Deposits › Section 715:10-11-3 - False affidavits

Current through Vol. 41, No. 20, July 1, 2024
A member who makes affidavit that he has permanently
				  terminated his employment in state-supported public education in Oklahoma but
				  who is so employed, orwho contracts for such employment before he receives the
				  refund of his TRS account, shall not be entitled to the refund. If the refund
				  is made in error because the Teachers' Retirement System is not aware of the
				  continued employment, necessary steps will be taken to secure the redeposit of
				  the withdrawn account with interest compounded annually at ten percent (10%)
				  per annum. No benefits subsequently earned will be paid until this withdrawn
				  account is returned to the Teachers' Retirement System.
Amended at 10 Ok Reg
				  3879, eff 7-12-93
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 11 - Withdrawal From Membership and Refund of Deposits › Section 715:10-11-4 - Refunds of contributions

Current through Vol. 41, No. 20, July 1, 2024
(a) Refunds for
				overpayment of employer contributions shall be made upon request by the
				employing school if the payment of contributions was made based on mistake of
				fact or law, provided a refund shall only be given to the requesting employer
				for overpaid contributions when such refund occurs within 12 months of the
				overpaid contribution. Otherwise, the employer shall receive a credit from TRS
				against future employer contributions due.
(1)
				The amount to be returned to the employer is the excess of the amount
				contributed or paid over the amount that would have been contributed or paid
				had no mistake been made.
(2) No
				interest shall be paid on refunds for this purpose.
Oklahoma Administrative Code › Title 715 - Teachers' Retirement System › Chapter 10 - General Operations › Subchapter 11 - Withdrawal From Membership and Refund of Deposits › Section 715:10-11-5 - Termination of rights to benefits

Current through Vol. 41, No. 20, July 1, 2024
Withdrawal of an account terminates the right to benefits for
				  all service prior to the date of withdrawal, unless credit is reinstated by
				  subsequent service and repayment as provided by the statutes.