reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-12 - Proposed order; objections; rehearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Proposed order.
After the
				close of the hearing, each party shall be permitted the opportunity to submit a
				proposed final order which shall include findings of fact and conclusions of
				law to the Hearing Examiner. The Hearing Examiner shall prepare and file with
				the System a proposed final order which shall include findings of fact,
				conclusions of law, and a recommended order to the Board of Trustees. A copy of
				the proposed order shall be provided to all parties by the System as soon as
				practical and at least twenty (20) days prior to the scheduled hearing before
				the Board of Trustees. The parties may waive the twenty-day requirement by
				written stipulation.
(b)
Objections to proposed order.
Each party shall have the
				opportunity to file a written statement setting forth any objections,
				exceptions and/or arguments they desire the Board of Trustees to consider in
				its review of the proposed order by the Hearing Examiner. This statement shall
				be filed with the System within the time limit prescribed by the Hearing
				Examiner in the scheduling order and a copy shall be provided to the other
				party. The parties may prepare a written response in rebuttal to the other
				party's objecting statement within the time limit prescribed by the Hearing
				Examiner in the scheduling order and a copy shall be provided to the other
				party. In no event shall the objections or the response in rebuttal be filed
				less than seven (7) days prior to the hearing before the Board. New or
				additional evidence or materials may not be introduced by either party in the
				objections or in the responses.
(c)
Rehearing before the Hearing Examiner.
Each party shall have the
				opportunity to request a rehearing before the Hearing Examiner. Such request
				must be filed with the System and made within the time limit prescribed by the
				Hearing Examiner in the scheduling order. A copy shall be provided to the other
				party.
Added at 25 Ok Reg 994,
				  eff 5-11-08
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-13 - Hearing before the Board of Trustees

Current through Vol. 41, No. 20, July 1, 2024
(a)
Procedure.
On a date set
				forth in the scheduling order, the Hearing Examiner's proposed order shall be
				set before the Board of Trustees for consideration. The parties shall have a
				reasonable opportunity to make a brief statement to the Board concerning the
				facts and any arguments and will be allowed to respond to any questions from
				the Trustees. The Board may review the complete record, including a transcript
				of the original hearing conducted by the Hearing Examiner and all documentary
				evidence. The Chair of the Board shall have authority to set the amount of time
				any party may have to present information to the Board.
(b)
Remand.
If the Board
				determines the facts to be in error or incomplete, the Board may remand the
				case, with instructions, to the Hearing Examiner for further evidentiary
				hearing.
(c)
Final
				order.
After consideration of the record and arguments, the Board shall
				accept, reject or modify the Hearing Examiner's proposed order. The final order
				shall include findings of fact and conclusions of law, separately stated. As in
				all matters before the Board, eight (8) affirmative votes are necessary to
				accept, reject or modify the order under consideration. A copy of the Board's
				final order shall be delivered to the claimant or the representative of the
				claimant within fifteen (15) days of final action by the Board.
Added at 25 Ok Reg 994,
				  eff 5-11-08
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-14 - Rehearing; appeal

Current through Vol. 41, No. 20, July 1, 2024
(a)
Rehearing.
Any party receiving an adverse order from the Board may
				file a petition for rehearing, reopening or reconsideration of the final order
				of the Board. Such application shall be filed with the System within ten (10)
				days from the date of the entry of the Board's order and must be in compliance
				with 75 O.S. §
									317.
(b)
Appeal.
Any party aggrieved
				by the order of the Board may, within thirty (30) days from the date the
				aggrieved party is notified of the order, file an action for judicial review in
				the District Court of Oklahoma County.
Added at 25 Ok Reg 994,
				  eff 5-11-08
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-15 - Settlement

Current through Vol. 41, No. 20, July 1, 2024
Unless precluded by law, informal disposition may be made of
				  any individual proceeding by stipulation, agreed settlement, consent order, or
				  default. The Executive Director or the General Counsel shall report to the
				  Board of Trustees any settlement that occurs after the filing of the proposed
				  order by the Hearing Examiner.
Added at 25 Ok Reg 994,
				  eff 5-11-08
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-16 - Prohibited communications

Current through Vol. 41, No. 20, July 1, 2024
The Administrative Procedures Act prohibits direct or
				  indirect communications by any party or representative of a party with the
				  Hearing Examiner or the Board of Trustees in connection with any issue of fact
				  or law regarding an appeal before the Hearing Examiner or Board, except upon
				  notice which provides an opportunity for all parties to participate. The
				  Hearing Examiner and the Board shall not consider any evidence or statements
				  made to them by a party or a representative of a party in connection with a
				  pending appeal.
Added at 25 Ok Reg 994,
				  eff 5-11-08
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-17 - Expedited proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Cases
				which may be expedited.
In an appeal before the Hearing Examiner, the
				System and the claimant may stipulate to expedite the hearing proceedings in
				the following cases:
(1) a decision by the
				System that a claimant does not meet the requirements for a severe financial
				hardship under the System's deferred compensation plan; or
(2) a decision that has created a severe
				financial hardship under any other of the System's plans.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-18 - Declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
(a)
General
				provisions.
The Board of Trustees may issue declaratory rulings as to
				the applicability of any rule or principle of law embodied in an order of the
				Board which is requested by or on behalf of any member, joint annuitant or
				beneficiary directly affected thereby subject to the terms and conditions set
				forth in this section.
(b)
Form of petition; where to file.
A declaratory ruling petition
				must be made in writing, be signed by the petitioner or an authorized
				representative or agent, and filed with the General Counsel of the System. The
				petition must state:
(1) that a declaratory
				ruling is requested pursuant to 590:1-3-18;
(2) the petitioner's name, address, phone
				number, and Social Security number;
(3) the issue(s) and all relevant facts on
				which a declaratory ruling is requested, stated clearly and
				concisely;
(4) the petitioner's
				desired result and legal basis for that result, including reference to the
				applicable statutes, rules and case law; and
(5) whether the petitioner is presently
				pursuing any administrative review, litigation, or negotiation on the issue
				with the System, as well as the name of any other person or entity that the
				petitioner or a duly authorized representative knows is involved with the
				identical issue pending before or with the System.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 1 - General Provisions › Section 590:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The Rules of this Chapter have been adopted to establish
				  policies and procedures for implementing and administering the Oklahoma Public
				  Employees Retirement System. The procedures are also used to implement and
				  administer the Uniform Retirement System for Justices and Judges, the Oklahoma
				  State Employees Deferred Compensation Plan and the Oklahoma State Employees
				  Savings Incentive Plan where specifically noted.
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 1 - General Provisions › Section 590:10-1-2 - Subsequent ineligibility

Current through Vol. 41, No. 20, July 1, 2024
Members who have been declared eligible to participate in the
				  Oklahoma Public Employees Retirement System, but subsequently fall below the
				  level of eligibility for a new member, shall continue to participate in the
				  System.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 1 - General Provisions › Section 590:10-1-5 - Withdrawal of contributions

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				member of the System who has terminated employment with a participating
				employer shall be eligible to withdraw the amount of employee contributions and
				money he or she has paid into the System provided that the employee does not
				return to employment with such participating employer, or with another
				participating employer, within four (4) calendar months.
(b) The member shall file the proper
				application with the System. Payment shall be made by the System after receipt
				of all required forms and after four (4) calendar months have elapsed. Any
				member who applies for a withdrawal of his or her contributions and is eligible
				for a vested benefit shall be notified of the value of the benefit and when
				they would be eligible to begin receiving a benefit. The member must sign a
				written waiver of that benefit before withdrawal will be processed for payment.
				Payment of the withdrawal may be delayed beyond four (4) months in order to
				complete the offer of the vested benefit.
(c) In the event that a member is paid his or
				her contributions and the System discovers that the employee returned to
				employment with a participating employer within four (4) months, the employee
				shall be required to repay the withdrawal immediately. If the employee fails to
				repay the ineligible withdrawal, he or she shall not be entitled to any
				subsequent withdrawals until six (6) calendar months have elapsed in order to
				verify that they are no longer employed.
(d) Payment of these accumulated
				contributions may be made in less than four (4) calendar months only in the
				event that a member is not eligible to elect a vested benefit pursuant to this
				section and said member is terminally ill, as evidenced by a physician's
				certification that the member is not expected to live beyond four (4)
				months.
Amended at 21 Ok Reg
				  1759, eff 6-11-04
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 1 - General Provisions › Section 590:10-1-6 - Dual membership

Current through Vol. 41, No. 20, July 1, 2024
It may be possible for a member of this System to participate
				  in another state retirement system during the same time period, due to separate
				  employments. No member shall be allowed to purchase credited service from
				  another state retirement system which represents the same time period as
				  service already credited under this System, except as provided in Subchapter 11
				  of these rules.
Amended 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 1 - General Provisions › Section 590:10-1-7 - Non-state agency contributions

Current through Vol. 41, No. 20, July 1, 2024
Any participating county, county hospital, city or town,
				  conservation district, or circuit engineering district or trust shall
				  contribute to the System all required retirement contributions due on a monthly
				  basis. All required contributions and supporting documentation must be received
				  by the System on or before the fifteenth (15th) day of the month following the
				  month for which the contributions are due. Any non-state agency employer who
				  remits contributions later thanthirty (30) days following the due date, will be
				  assessed a late charge of three percent (3%). The late charge will be
				  calculated on the unpaid balance and will compound monthly until
				  paid.
Added at 12 Ok Reg 3237,
				  eff 7-27-95; Amended at 13 Ok Reg 3327, eff 7-25-96; Amended at 22 Ok Reg 126,
				  eff 10-6-04 (emergency); Amended 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 1 - General Provisions › Section 590:10-1-8 - Reinstated entry date

Current through Vol. 41, No. 20, July 1, 2024
Any former member of OPERS who has previously withdrawn
				  contributions and who repays said withdrawal as permitted by law, shall have
				  his or her initial entry date into the System reinstated. Any person who
				  transports service from Teachers' Retirement System shall be eligible to use
				  his or her initial entry date into the Teachers' System for OPERS
				  purposes.
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 1 - General Provisions › Section 590:10-1-9 - Receipt of documents

Current through Vol. 41, No. 20, July 1, 2024
Except as provided in
				  590:10-1-7
				  and
				  590:10-7-6
				  of these rules and except for the Retirement Notice and Application form, any
				  notices, letters, payments or other documents will be considered received on
				  the date actually received in the offices of the System, as evidenced by the
				  OPERS date stamp, or the date of postmark on the envelope, whichever is
				  earliest.
Added at 12 Ok Reg 3237,
				  eff 7-27-95; 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 1 - General Provisions › Section 590:10-1-10 - Recordkeeping requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The System
				reserves the right to use any information contained in a member's file, in the
				format necessary, for the recordkeeping, data processing and administrative use
				of the System. This includes, but is not limited to, use of names or initials,
				social security numbers, birth dates and zip codes. All formatting and data
				requirements shall be determined by the System, upon review from time to
				time.
(b) Any participating
				employer shall be responsible to furnish all required information reasonably
				requested by the System to insure compliance with all applicable federal and
				state laws, rules and regulations. The System reserves the right to withhold
				activity pending timely receipt of this information, including but not limited
				to, refunds, withdrawal payments and retirement processing.
Added 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 1 - General Provisions › Section 590:10-1-11 - De minimis provisions

Current through Vol. 41, No. 20, July 1, 2024
(a) In any
				circumstance involving an error or miscalculation concerning a retirement
				account or record, including, but not limited to employer and/or employee
				contributions and interest, in the amount of $25.00 or less, the System shall
				not be required to correct such error or miscalculation, solely at the
				discretion of the System. The System shall also not be required to correct an
				error or miscalculation involving a monthly retirement benefit in the amount of
				$5.00 or less, solely at the discretion of the System. The amounts set forth in
				this subsection are determined to be de minimis due to the cost to calculate,
				invoice, collect or correct such error or miscalculation which would exceed the
				amount to be corrected. This de minimis amount may be used in any plan or
				account managed or administered by the Board.
(b) The System shall not be required to make
				efforts to contact inactive members or beneficiaries if the total amount due to
				the member or beneficiary is One Hundred Dollars ($100.00) or less. However,
				the amount shall remain payable to the member or beneficiary upon his or her
				request. This amount of $100.00 or less is determined to be de minimis due to
				the cost in personnel, location services, postage, copying and other reasonable
				expenses necessary to locate such members and beneficiaries which would exceed
				the de minimis amount. This de minimis amount may be used in any plan or
				account managed or administered by the Board.
(c) In any circumstance involving a payment
				to be made by the System which represents employee contributions in the amount
				of $500.00 or less, where the member is deceased and has not named a
				beneficiary, the beneficiary is deceased or where the beneficiary cannot be
				located, the System may pay to any person claiming such amount on behalf of the
				member's estate, solely at the discretion of the System. This provision shall
				be applicable only after the System has made reasonable efforts to locate a
				named beneficiary and has been unable to do so. This amount of $500.00 or less
				is determined to be de minimis and reasonable in order to permit the System to
				make payments which would otherwise remain with the System due to the inability
				to locate a beneficiary or the cost to probate the member's estate. This de
				minimis amount may be used in any Plan or account managed or administered by
				the Board.
Added at 16 Ok Reg 2010,
				  eff 6-11-99; Amended at 20 Ok Reg 1750, eff 6-12-03; Amended at 28 Ok Reg 664,
				  eff 5-12-11
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 1 - General Provisions › Section 590:10-1-12 - George Nigh Rehabilitation Institute employees

Current through Vol. 41, No. 20, July 1, 2024
Any member employed at the George Nigh Rehabilitation
				  Institute who elected to retain membership in the Oklahoma Public Employees
				  Retirement System pursuant to 74 O.S. 99 Supp. Section 913.7 shall continue to
				  be an OPERS eligible employee for all purposes. George Nigh Rehabilitation
				  Institute shall be designated and considered an OPERS participating employer
				  for these eligible employees only. The University of Oklahoma and the OU Health
				  Sciences Center shall not be considered as a participating employer for any
				  purpose and shall not be designated as such.
Added at 17 Ok Reg 893,
				  eff 2-10-00 through 7-14-00 (emergency); Added at 17 Ok Reg 3178, eff
				  7-27-00
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 1 - General Provisions › Section 590:10-1-13 - Medical Technology and Research Authority employees

Current through Vol. 41, No. 20, July 1, 2024
Any member employed by the Medical Technology and Research
				  Authority of Oklahoma on June 30, 2001, who elected to retain membership in the
				  Oklahoma Public Employees Retirement System pursuant to 74 O.S. Section
				  7068
				  shall continue to be an OPERS eligible employee for all purposes. OU Health
				  Sciences Center shall be designated and considered an OPERS participating
				  employer for these eligible employees only. The University of Oklahoma and/or
				  the Health Sciences Center shall not be considered as participating employers
				  for any other purpose.
Added at 19 Ok Reg 741,
				  eff 12-20-01 (emergency); Added at 19 Ok Reg 1477, eff
				  5-28-02
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 1 - General Provisions › Section 590:10-1-14 - Compensation for retirement purposes [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 319,
				  eff 1-1-03 through 4-14-03 (emergency)1; Added at 20
				  Ok Reg 2809, eff 6-19-03 (emergency)2; Added as
				  590:10-5-8 at 21 Ok Reg 1759, eff 6-11-04
1This emergency action was terminated upon the Governor's
					 disapproval of a proposed permanent rule that was intended to supersede the
					 emergency rule. Upon disapproval of a proposed permanent rule intended to
					 supersede an emergency rule, the emergency rule is considered terminated [see
					 75 O.S., § 303.2]. Therefore, upon disapproval of the proposed permanent rule
					 on 4-14-03, Section 590:10-1-14 was no longer effective, and remained as such
					 until the next emergency action took effect on 6-19-03.
2This emergency rule was superseded on 6-11-04 by a
					 permanent rule added at a different number (590:10-5-8
					 ).
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 1 - General Provisions › Section 590:10-1-15

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 1750,
				  eff 6-12-03; 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 1 - General Provisions › Section 590:10-1-16 - Facsimile copies; electronic signatures

Current through Vol. 41, No. 20, July 1, 2024
An original document containing a member's, joint annuitant's
				  or beneficiary's signature is generally required on all System forms,
				  applications or requests for confidential information except as provided herein
				  or in
				  590:10-1-3.
				  Retirement notice forms, beneficiary designation forms, Step-Up election forms
				  , and any form which requires a notarized signature, must always be provided as
				  original signed documents. Electronic signatures may be accepted if the System
				  provides for means of electronic submission with an electronic signature. At
				  the sole discretion of the System, a facsimile copy of certain types of other
				  documents may be accepted if the copies are clear, legible and sufficient for
				  imaging purposes. In some instances, these other documents may be accepted by
				  facsimile only if followed by later delivery of an original document. The
				  decision to accept facsimile copies shall be made on a case-by-case basis upon
				  request of the member, joint annuitant or beneficiary. It is the member, joint
				  annuitant or beneficiary's responsibility to verify that the System has
				  received the facsimile copy and that it is legible and acceptable to the
				  System. This rule is applicable to any plan or account managed or administered
				  by the Board.
Added at 21 Ok Reg 1759,
				  eff 6-11-04
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 1 - General Provisions › Section 590:10-1-17 - Offset and recovery

Current through Vol. 41, No. 20, July 1, 2024
In any circumstance involving an overpayment to any person or
				  entity, to recover judgments or settlements relating to OPERS, or concerning a
				  fraudulent or improper payment, OPERS has the right to utilize any monies
				  available as an offset to recover the overpayment, judgment, settlement or
				  improper payment. This right of offset and recovery has priority over any other
				  claim to said monies, including, but not limited to, the right of any survivor
				  or beneficiary. This right of offset and recovery may be utilized in any plan
				  or account managed or administered by the Board.
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 1 - General Provisions › Section 590:10-1-19 - Mailing lists

Current through Vol. 41, No. 20, July 1, 2024
The addresses of all OPERS members are confidential and will
				  not be disclosed to any person or entity. Pursuant to Title 74 O.S. Section
				  935,
				  any statewide organization of state employees with a minimum membership of
				  1,000 dues-paying members may annually send one general mailing to all retired
				  members of OPERS and shall pay for the total cost. In order to preserve the
				  confidentiality of the addresses and to comply with the provisions, the System
				  shall not provide the list of retiree addresses directly to the organization.
				  At the sole discretion of the System, the System may require the use of a
				  third-party mailing service. Appropriate agreements shall be entered into
				  between OPERS, the statewide organization, and the third-party mailing service
				  to conduct the mailing, with provisions to protect the confidentiality of the
				  addresses and to prohibit furnishing them to any other person or entity. All
				  costs associated with the mailing or services of the third-party mailing
				  service shall be paid entirely by the statewide organization. The organization
				  shall file a copy of any such mailing with the System.
Added at 22 Ok Reg 351,
				  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 1 - General Provisions › Section 590:10-1-20 - Actuarial cost to withdraw from system

Current through Vol. 41, No. 20, July 1, 2024
Actuarial cost for the purpose of withdrawing from the System
				  pursuant to Section
				  910
				  of Title 74 of the Oklahoma Statutes shall be determined in accordance with the
				  generally accepted actuarial principles and procedures using methodologies and
				  assumptions which are consistent with those utilized in the actuarial valuation
				  report for the most recent Fiscal Year ending June 30. The actuarial cost to
				  withdraw from the System shall be calculated by the consulting actuary for the
				  System. The employer requesting the withdrawal shall be responsible for paying
				  any fees, costs and expenses for professional services associated with
				  determining the actuarial cost to withdraw from the System. The employer shall
				  also be responsible for any reasonable costs and expenses of the System to
				  retrieve documents for the determination of the actuarial cost to withdraw from
				  the System.
Added at 23 Ok Reg 515,
				  eff 12-19-05 (emergency); Amended at 23 Ok Reg 1482, eff
				  5-25-06
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 1 - General Provisions › Section 590:10-1-21 - Department of Public Safety Chief of Administration

Current through Vol. 41, No. 20, July 1, 2024
A person appointed to the position of Chief of Administration
				  of the Department of Public Safety, pursuant to 47 O.S. Supp. 2018, Section
				  2-104, shall be eligible to participate in the OPERS Defined Benefit Plan or
				  the OPERS Defined Contribution System, whichever is applicable under the laws
				  and rules governing those systems. The election to participate in the Oklahoma
				  Law Enforcement Retirement System or the OPERS-administered systems shall be
				  made in writing within thirty (30) days from such appointment and is
				  irrevocable.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 1 - General Provisions › Section 590:10-1-22 - Retired members-State Department of Education

Current through Vol. 41, No. 20, July 1, 2024
A retired member of the Oklahoma Teachers Retirement System
				  who becomes employed by the State Department of Education for the first time on
				  or after November 1, 2019, shall have the option to remain a member of the
				  Oklahoma Teachers Retirement System subject to any applicable post retirement
				  limitations placed on retired members returning to work, or to participate in
				  the OPERS Defined Benefit Plan or the OPERS Defined Contribution System,
				  whichever is applicable under the laws and rules governing those systems. The
				  election to participate in the Oklahoma Teachers Retirement System or the
				  OPERS-administered systems shall be made in writing within thirty (30) days
				  from the initial date of hire with the State Department of Education and is
				  irrevocable.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 1 - General Provisions › Section 590:10-1-23 - Transferred employees-board of trustees for the Quartz Mountain Arts and Conference Center

Current through Vol. 41, No. 20, July 1, 2024
An employee of the board of trustees for the Quartz Mountain
				  Arts and Conference Center who is transferred to the Oklahoma Tourism and
				  Recreation Department pursuant to 74 O.S. Section 2229.1B who is a member of
				  the Oklahoma Teachers Retirement System or the Oklahoma Law Enforcement
				  Retirement system may elect to remain a member of the applicable system or may
				  elect to participate in the OPERS Defined Benefit Plan or the OPERS Defined
				  Contribution System, whichever is applicable under the laws and rules governing
				  those systems. The election to participate in the Oklahoma Teachers Retirement
				  System, the Oklahoma Law Enforcement Retirement System or the
				  OPERS-administered systems shall be made with the applicable system not later
				  than November 1, 2020. If no election is made, the employee shall become a
				  member of the OPERS Defined Benefit Plan or the OPERS Defined Contribution
				  System, whichever is applicable.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 2 - Definitions › Section 590:10-2-1 - General Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Participating employer"
as defined in Section
				  902(25)
				  of Title 74 of the Oklahoma Statutes means an eligible employer who has agreed
				  to make contributions to the System on behalf of its employees provided such
				  employer is the State, a political subdivision of the State, or an agency or
				  instrumentality of the State. Participating employer shall not include any
				  employer which is not permitted to participate in a qualified governmental
				  pension plan as defined in Internal Revenue Code Section 414(d),
				  26 U.S.C.
				  §414 (d).
Added at 26 Ok Reg 768,
				  eff 3-4-09 (emergency); 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 2 - Definitions › Section 590:10-2-2 - Normal retirement age

Current through Vol. 41, No. 20, July 1, 2024
(a)
				In addition to any other vesting provided under state law, and except as
				provided in 51 O.S. §
									24.1,
				a member's normal retirement benefit is nonforfeitable upon the attainment of
				the following normal retirement ages and the completion of the specified years
				of service:
(1) For a member who is a state,
				county, and local agency employee, joining before November 1, 2011, age
				sixty-two (62), with a minimum of six (6) years of full-time-equivalent
				employment if actively employed by a participating employer on their 62
				nd  birthday, otherwise a member must have eight (8)
				years of service.
(2) For a member
				who is a state, county, and local agency employee, joining on or after November
				1, 2011, age sixty-five (65), with a minimum of six (6) years of
				full-time-equivalent employment if actively employed by a participating
				employer on their 65 th  birthday, otherwise a
				member must have eight (8) years of service.
(3) For a member who is a legislative session
				employee, joining before November 1, 2011, age sixty-two (62), with a minimum
				of three (3) or more years of full-time-equivalent employment if actively
				employed by a participating employer on their 62 nd 
				birthday, otherwise a legislative session employee must have four (4) years of
				service.
(4) For a member who is a
				legislative session employee, joining on or after November 1, 2011, age
				sixty-five (65), with a minimum of three (3) or more years of
				full-time-equivalent employment if actively employed by a participating
				employer on their 65 th  birthday, otherwise a
				legislative session employee must have four (4) years of service.
(5) For an elected official elected or
				appointed before November 1, 2011, age sixty (60) with a minimum of six (6)
				years of participating service.
(6)
				For an elected official elected or appointed on or after November 1, 2011, age
				sixty-five (65) with a minimum of eight (8) years of participating service, or
				age sixty-two (62) with a minimum of ten (10) years of participating
				service.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 3 - Credited Service › Section 590:10-3-1 - Creditable prior service dates

Current through Vol. 41, No. 20, July 1, 2024
In accordance with the provisions of 74 O.S. 1981, § 913, as
				  amended, reference to creditable prior service, the period of employment in
				  State agencies preceding the establishment of their retirement programs has
				  been determined to be:
(1) Wildlife
				Commission prior to November 1, 1964.
(2) Employment Security Commission prior to
				August 1, 1960.
(3) Highway Patrol
				prior to May 16, 1947.
(4)
				Teachers' Retirement System prior to July 1, 1943.
(5) Tourism and Recreation Department
				employees made eligible for retirement administratively, effective March, 1969,
				shall be given credit for prior service for all service performed up to that
				date.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 3 - Credited Service › Section 590:10-3-2 - Oklahoma school districts

Current through Vol. 41, No. 20, July 1, 2024
Members who have been granted prior service due to employment
				  by an Oklahoma school district shall be granted a year of prior service for
				  each school year they were employed.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 3 - Credited Service › Section 590:10-3-3 - Optional members prior service [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 3 - Credited Service › Section 590:10-3-4 - Purchase Limits [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 3 - Credited Service › Section 590:10-3-5 - Teachers' system credit

Current through Vol. 41, No. 20, July 1, 2024
Members who have a purchased service from the Oklahoma
				  Teachers' Retirement System shall be granted one (1) year of participating
				  service for each school year they were employed. If they work less than a full
				  school year, they will be credited with the number of actual months
				  worked.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 3 - Credited Service › Section 590:10-3-6 - Full-time-equivalent employment

Current through Vol. 41, No. 20, July 1, 2024
(a) Full-time-equivalent employment is a term which refers to a member's actual employment with a participating employer of the System. Full-time-equivalent employment with a participating Employer must have been service for which required contributions have been paid to the System.
(1) Members obtain full-time-equivalent employment in two ways:
(A) actual employment with a participating employer of the System, while participating and paying contributions to the System; and/or
(B) making certain types of purchases of service credit which represent actual employment with a participating employer of the System.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 3 - Credited Service › Section 590:10-3-6 - Full-time-equivalent employment

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Full-time-equivalent employment is a term which refers to a member's actual
				employment with a participating employer of the System. Full-time-equivalent
				employment with a participating Employer must have been service for which
				required contributions have been paid the System.
(1) Members obtain full-time-equivalent
				employment in two ways:
(A) actual employment
				with a participating employer of the System, while participating and paying
				contributions to the System; and/or
(B) making certain types of purchases of
				service credit which represent actual employment with a participating employer
				of the System.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 3 - Credited Service › Section 590:10-3-7 - Unused sick leave credit payment

Current through Vol. 41, No. 20, July 1, 2024
Any unused sick leave to be credited for retirement purposes
				  shall be paid by the Employer who granted the sick leave or by the Employer who
				  accepted the accumulated sick leave upon the Employee's
				  transfer.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 3 - Credited Service › Section 590:10-3-8 - Actuarial cost for purchases; delinquent service cost

Current through Vol. 41, No. 20, July 1, 2024
(a)
Actuarial Costs.
Effective
				January 1, 1991, all purchases of service credit, including incentive credit
				pursuant to 74 O.S. §913.5, or employer error costs pursuant to 74 O.S.
				§917(7), shall be based upon the actuarial cost of the incremental projected
				benefits to be purchased.
(1) The actuarial
				cost and any tables formulated for the purpose of determining such cost, shall
				be based on the actuarial assumptions utilized in the actuarial valuation
				report for the Fiscal Year ending June 30 of the prior year.
(2) The actuarial value shall be based upon
				the member's age, salary and contribution level at the time of purchase,
				together with the earliest age for retirement with maximum benefits and
				actuarially assumed salary at the time of retirement. If purchase is not made
				by the due date on the billing statement, the purchase must be recalculated and
				the actuarial cost may increase.
(3) For purposes of determining this
				actuarial cost, the member's exact age in months shall be used in the
				calculation.
(4) For purposes of
				determining this actuarial cost, the mortality tables shall be formulated as a
				unisex table assuming a 50% male and a 50% female population, based upon the
				actuarial assumptions in paragraph (1) of this section.
(5) In the event a member who chooses to
				purchase service has been employed less than twelve (12) months, his salary
				shall be averaged based upon the most current month's payroll
				information.
(6) In the event that
				the actuarial cost is less than the contributions that would have been required
				by law, the member and/or the employer shall pay the actual contributions
				cost.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 3 - Credited Service › Section 590:10-3-10 - Incentive credit

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to 74
				O.S. §
									913(b)
				certain eligible members of the System may purchase up to two (2) full years of
				incentive credit at actuarial value. Incentive credit may be used as
				participating service or addition to age.
(b) Those eligible to purchase incentive
				credit include the following:
(1) Employees
				who are eligible for normal or early retirement because of age or are within
				two (2) years of reaching normal or early retirement age;
(2) members who have accumulated at least 78
				points toward the Rule of 80, and/or members who have accumulated at least 88
				points towards the Rule of 90;
(3)
				elected officials who are eligible for normal or early retirement because of
				age or are within two (2) years of reaching normal or early retirement age;
				and
(4) Hazardous Duty Members who
				are eligible for normal orearly retirement because of age or are within two (2)
				years of reaching normal or early retirement age, or to qualify for the Rule of
				80 or 90. Hazardous Duty Members are not eligible to purchase incentive credit
				to qualify for retirement pursuant to the twenty (20) years of
				full-time-equivalent employment requirement.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 3 - Credited Service › Section 590:10-3-13 - Credit for involuntary furlough

Current through Vol. 41, No. 20, July 1, 2024
(a)
Office of Personnel Management approved furloughs.
A leave of
				absence as a result of an involuntary furlough established by the Office of
				Personnel Management under OPM Rule 530:10-15-48
Involuntary leave
				without pay (furlough),
or as it may be amended, may be credited as
				participating service. It is the responsibility of the employer to provide a
				copy of the furlough plan approved by the Administrator of the Office of
				Personnel Management.
(b)
District Attorneys Council approved furloughs.
The employees of a
				district attorney may receive participating service credit for a leave of
				absence due to an involuntary furlough after July 1, 2004, provided the
				furlough was conducted in substantial compliance with OPM Rule
				530:10-15-48
Involuntary leave without pay (furlough),
or as it
				may be amended. It is the responsibility of the district attorney to provide a
				copy of the furlough plan approved by the District Attorneys Council. The
				approved furlough plan must include a certification from the Council that the
				plan was in substantial compliance with the OPM rule.
(c)
Legislative or Supreme Court
				approved furloughs.
A leave of absence as a result of an involuntary
				furlough of legislative employees pursuant to a furlough plan adopted by the
				President Pro Tempore of the Senate or the Speaker of the House of
				Representatives as authorized by 74 O.S. §
									840-5.1,
				and involuntary furloughs of court employees authorized by the Oklahoma Supreme
				Court may be credited as participating service. It shall be the responsibility
				of the employer to provide a copy of the adopted furlough plan.
Added at 22 Ok Reg 126,
				  eff 10-6-04 (emergency); Added at 22 Ok Reg 1354, eff 5-26-05; Amended at 28 Ok
				  Reg 95, eff 9-17-10 (emergency); Amended at 28 Ok Reg 664, eff
				  5-12-11
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 3 - Credited Service › Section 590:10-3-14 - Elected official service credit

Current through Vol. 41, No. 20, July 1, 2024
(a)
First elected service on or after
				August 22, 2008.
Any member of the System before August 22, 2008, who is
				first elected or appointed on or after August 22, 2008, but prior to November
				1, 2011, and who retires as an elected official with at least six (6) years in
				elected office, may count all of his or her non-elected service which occurred
				prior to the elected service, if any, as if it were elected service. The
				applicable contribution rate selected by the elected official shall apply and
				the calculation of the benefit shall be made in accordance with the provisions
				of 74 O.S. §
									913.4.
				However, in no event shall the retirement benefits be more than one hundred
				percent (100%) of his or her highest contiguous twelve (12) months of
				compensation earned as an elected official or as a non-elected
				member.
(b)
Joining System on
				or after August 22, 2008.
Any member who first joins the System on or
				after August 22, 2008, and who is first elected or appointed prior to November
				1, 2011, shall have elected and non-elected service separately calculated as
				follows:
(1) All non-elected credited service
				will be calculated at the applicable factor multiplied by the member's final
				average compensation and multiplied by the non-elected years.
(2) All elected service will be multiplied by
				the appropriate computation factor corresponding to the contribution rate
				selected by the member as an elected official. The salary used for the benefit
				formula for elected service shall be the elected official's single highest
				annual compensation as an elected official.
(3) The calculations provided for in
				paragraphs (1) and (2) of this subsection (b) will then be added together to
				determine the total benefit for such member. Under no circumstances shall the
				elected official be entitled to apply the contribution rate and the
				corresponding computation factor selected pursuant to 74 O.S. §
										913.4(A)
				or the compensation received as an elected official to the computation of any
				non-elected service.
(4) Fractional
				year computations made under this section shall be calculated in accordance
				with
				590:10-7-9.