Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 3 - Credited Service › Section 590:10-3-12 - Military service credit

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Any member who joined the System on or before June 30, 2000, can receive up to
				five (5) years of military service credit for periods as defined in paragraph
				23 of Section
				902
				of Title 74 of the Oklahoma Statutes. As set forth in Section
				913
				of Title 74 of the Oklahoma Statutes, the service credit can be prior service
				or participating service or a combination of the two, however, total military
				service credit cannot exceed five (5) years. The service must be active
				military service and the member must have been honorably discharged. The member
				must submit an application for military service credit and provide a copy of
				his or her DD214 form or other similar documentation clearly showing dates,
				types and places of service. If eligible, a retired member shall receive an
				increase in his or her monthly benefit as a result of the addition of the
				military service credit effective with the month following the receipt of the
				documents and approval by the System.
(b) Any active member who joined the System
				on or after July 1, 2000, can purchase up to five (5) years of military service
				credit for periods as defined in paragraph 23 of Section
				902
				of Title 74 of the Oklahoma Statutes. As set forth in Section
				913
				of Title 74 of the Oklahoma Statutes, the service credit can be prior service
				or participating service or a combination of the two, however, total military
				service credit cannot exceed five (5) years. The service must be active
				military service and the member must have been honorably discharged. The member
				must submit an application for military service credit and provide a copy of
				his or her DD214 form or other similar documentation clearly showing dates,
				types and places of service. The member must make payment in the amount
				determined by the Board pursuant to Section
				913.5
				of Title 74 of the Oklahoma Statutes and
				590:10-3-8.
				This purchase may be amortized over sixty (60) months as provided for in
				590:10-3-9.
(c) Military service credit will be credited
				or purchased in full months only. The initial month of military service will be
				accepted only if the service began on or before the 15
				th day of the month. The final month of military
				service will be accepted only if the service was completed on or after the 16
				th day of the month.
(d) Members who joined the System on or after
				July 1, 2003, can make the purchase set forth in paragraph (b) of this rule
				only if the member has not received credit for the same period of military
				service for retirement from another retirement system created pursuant to the
				Oklahoma Statutes. For such members, the military credit shall be granted or
				purchased in the retirement system from which the member retires first. In the
				event such a member fails to disclose a previous grant or purchase of military
				credit, the purchase will be voided, his or her service credit will be adjusted
				to remove the military service credit and only the purchase price shall be
				returned to the member.
(e) It is
				the responsibility of the member wishing to receive or purchase military
				service credit to complete the application provided by the System for this
				purpose and to provide all documentation necessary to support the application.
				Military service will not be credited until all required documentation is
				provided by the member to the System, the System has approved the grant or
				purchase and any required payments are made.
(f) Retired members who are not credited with
				military service prior to or at the time of retirement may make application for
				the credit at any time. After approval by the System, the military service
				credit will be added to the member's record and increased retirement benefits,
				if any, as a result of the addition of the military service credit, shall begin
				with the first month following said approval. Retroactive payments will not be
				made under any circumstances. This subsection only applies to members whose
				initial membership in the System began on or before June 30, 2000.
(g) Members who served in the Armed Forces of
				the United States during a war or combat military operation other than World
				War I, World War II, the Korean War, the Vietnam War or the Gulf War as
				provided in Section
				902(23)
				of Title 74 of the Oklahoma Statutes, may be eligible to purchase or receive
				military service credit for the period of time that he or she actually served
				in an area of responsibility for a war or combat military operation which
				lasted for a period of at least ninety (90) days. It is the responsibility of
				the member to provide sufficient documentation to support his or her
				eligibility for this credit as requested by the System, including, but not
				limited to, documents showing specific service areas and times.
(h) The provisions for granting or purchasing
				military service credit shall be in addition to any contributions, benefits and
				service credit with respect to qualified military service in accordance with
				Section 414 (u) of the Internal Revenue Code of 1986.
Added at 21 Ok Reg 1759,
				  eff 6-11-04; Amended at 22 Ok Reg 126, eff 10-6-04 (emergency); Amended at 22
				  Ok Reg 1354, eff 5-26-05