Bill Text For HB2279 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 59th Legislature (2023)                |
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 4|COMMITTEE SUBSTITUTE                                                   |
  |FOR                                                                    |
 5|HOUSE BILL NO. 2279                  By: Echols and Fugate of the      |
  |                                                               House   |
 6|                                                                       |
  |                                         and                           |
 7|                                                                       |
  |                                         Montgomery of the Senate      |
 8|                                                                       |
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 9|                        COMMITTEE SUBSTITUTE                           |
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10|       An Act relating to public retirement systems;                   |
  |       amending 62 O.S. 2021, Section 3103, as amended by              |
11|       Section 1, Chapter 306, O.S.L. 2022 (62 O.S. Supp.              |
  |       2022, Section 3103), which relates to the Oklahoma              |
12|       Pension Legislation Actuarial Analysis Act; modifying           |
  |       definitions; providing for retirement benefit                   |
13|       increase based upon prescribed criteria for certain             |
  |       members of the Oklahoma Firefighters Pension and                |
14|       Retirement System, the Oklahoma Police Pension and              |
  |       Retirement System, the Uniform Retirement System for            |
15|       Justices and Judges, the Oklahoma Law Enforcement               |
  |       Retirement System, the Teachers' Retirement System of           |
16|       Oklahoma and the Oklahoma Public Employees Retirement           |
  |       System; prescribing conditions for retirement benefit           |
17|       increase; defining terms; providing for method to               |
  |       determine amount of benefit increase; providing for             |
18|       maximum increase amount; prohibiting retirement                 |
  |       benefit increase based upon funded ratio of                     |
19|       retirement system after grant of benefit; authorizing           |
  |       grant of benefit increase subject to limitation based           |
20|       upon funded ratio; imposing requirement related to              |
  |       rate of return on retirement system assets; imposing            |
21|       requirement related to duration of retirement;                  |
  |       prescribing date for effect of benefit increases;               |
22|       providing for codification; and providing effective             |
  |       dates.                                                          |
23|                                                                       |
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24|                                                                       |
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arsid14056004 HB2279 HFLR                                          Page 1
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 1|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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 2|    SECTION 1.     AMENDATORY     62 O.S. 2021, Section 3103, as       |
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 3|amended by Section 1, Chapter 306, O.S.L. 2022 (62 O.S. Supp. 2022,    |
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 4|Section 3103), is amended to read as follows:                          |
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 5|    Section 3103.  As used in the Oklahoma Pension Legislation         |
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 6|Actuarial Analysis Act:                                                |
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 7|    1.  "Amendment" means any amendment, including a substitute        |
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 8|bill, made to a retirement bill by any committee of the House or       |
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 9|Senate, any conference committee of the House or Senate or by the      |
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10|House or Senate;                                                       |
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11|    2.  "RB number" means that number preceded by the letters "RB"     |
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12|assigned to a retirement bill by the respective staffs of the          |
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13|Oklahoma State Senate and the Oklahoma House of Representatives when   |
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14|the respective staff office prepares a retirement bill for a member    |
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15|of the Legislature;                                                    |
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16|    3.  "Legislative Actuary" means the firm or entity that enters     |
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17|into a contract with the Legislative Service Bureau pursuant to        |
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18|Section 452.15 of Title 74 of the Oklahoma Statutes to provide the     |
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19|actuarial services and other duties provided for in the Oklahoma       |
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20|Pension Legislation Actuarial Analysis Act;                            |
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21|    4.  "Nonfiscal amendment" means an amendment to a retirement       |
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22|bill having a fiscal impact, which amendment does not change any       |
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23|factor of an actuarial investigation specified in subsection A of      |
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24|Section 3109 of this title;                                            |
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arsid14056004 HB2279 HFLR                                          Page 2
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 1|    5.  "Nonfiscal retirement bill" means a retirement bill:           |
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 2|         a.    which does not affect the cost or funding factors of    |
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 3|              a retirement system,                                     |
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 4|         b.    which affects such factors only in a manner which       |
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 5|              does not:                                                |
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 6|              (1)   grant a benefit increase under the retirement      |
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 7|                   system affected by the bill,                        |
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 8|              (2)   create an actuarial accrued liability for or       |
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 9|                   increase the actuarial accrued liability of the     |
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10|                   retirement system affected by the bill, or          |
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11|              (3)   increase the normal cost of the retirement         |
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12|                   system affected by the bill,                        |
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13|         c.    which authorizes the purchase by an active member of    |
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14|              the retirement system, at the actuarial cost for the     |
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15|              purchase as computed pursuant to the statute in effect   |
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16|              on the effective date of the measure allowing such       |
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17|              purchase, of years of service for purposes of reaching   |
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18|              a normal retirement date in the applicable retirement    |
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19|              system, but which cannot be used in order to compute     |
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20|              the number of years of service for purposes of           |
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21|              computing the retirement benefit for the member,         |
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22|         d.    which provides for the computation of a                 |
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23|              service-connected disability retirement benefit for      |
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24|              members of the Oklahoma Law Enforcement Retirement       |
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arsid14056004 HB2279 HFLR                                          Page 3
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 1|              System pursuant to Section 2-305 of Title 47 of the      |
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 2|              Oklahoma Statutes if the members were unable to          |
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 3|              complete twenty (20) years of service as a result of     |
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 4|              the disability,                                          |
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 5|         e.    which requires membership in the defined benefit plan   |
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 6|              authorized by Section 901 et seq. of Title 74 of the     |
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 7|              Oklahoma Statutes for persons whose first elected or     |
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 8|              appointed service occurs on or after November 1, 2018,   |
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 9|              if such persons had any prior service in the Oklahoma    |
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10|              Public Employees Retirement System prior to November     |
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11|              1, 2015,                                                 |
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12|         f.    which provides for a one-time increase in retirement    |
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13|              benefits if the increase in retirement benefits is not   |
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14|              a permanent increase in the gross annual retirement      |
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15|              benefit payable to a member or beneficiary, occurs       |
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16|              only once pursuant to a single statutory authorization   |
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17|              and does not exceed:                                     |
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18|              (1)   the lesser of two percent (2%) of the gross        |
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19|                   annual retirement benefit of the member or One      |
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20|                   Thousand Dollars ($1,000.00) and requires that      |
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21|                   the benefit may only be provided if the funded      |
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22|                   ratio of the affected retirement system would not   |
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23|                   be less than sixty percent (60%) but not greater    |
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24|                                                                       |
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arsid14056004 HB2279 HFLR                                          Page 4
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 1|                   than eighty percent (80%) after the benefit         |
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 2|                   increase is paid,                                   |
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 3|              (2)   the lesser of two percent (2%) of the gross        |
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 4|                   annual retirement benefit of the member or One      |
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 5|                   Thousand Two Hundred Dollars ($1,200.00) and        |
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 6|                   requires that the benefit may only be provided if   |
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 7|                   the funded ratio of the affected retirement         |
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 8|                   system would be greater than eighty percent (80%)   |
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 9|                   but not greater than one hundred percent (100%)     |
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10|                   after the benefit increase is paid,                 |
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11|              (3)   the lesser of two percent (2%) of the gross        |
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12|                   annual retirement benefit of the member or One      |
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13|                   Thousand Four Hundred Dollars ($1,400.00) and       |
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14|                   requires that the benefit may only be provided if   |
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15|                   the funded ratio of the affected retirement         |
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16|                   system would be greater than one hundred percent    |
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17|                   (100%) after the benefit increase is paid, or       |
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18|              (4)   the greater of two percent (2%) of the gross       |
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19|                   annual retirement benefit of the volunteer          |
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20|                   firefighter or One Hundred Dollars ($100.00) for    |
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21|                   persons who retired from the Oklahoma               |
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22|                   Firefighters Pension and Retirement System as       |
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23|                   volunteer firefighters and who did not retire       |
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24|                                                                       |
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arsid14056004 HB2279 HFLR                                          Page 5
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 1|                   from the Oklahoma Firefighters Pension and          |
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 2|                   Retirement System as a paid firefighter.            |
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 3|              As used in this subparagraph, "funded ratio" means the   |
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 4|              figure derived by dividing the actuarial value of        |
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 5|              assets of the applicable retirement system by the        |
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 6|              actuarial accrued liability of the applicable            |
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 7|              retirement system,                                       |
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 8|         g.    which modifies the disability pension standard for      |
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 9|              police officers who are members of the Oklahoma Police   |
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10|              Pension and Retirement System as provided by Section 3   |
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11|              of this act,                                             |
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12|         h.    which provides a cost-of-living benefit increase        |
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13|              pursuant to the provisions of:                           |
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14|              (1)   Section 49-143.7 of Title 11 of the Oklahoma       |
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15|                   Statutes,                                           |
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16|              (2)   Section 50-136.9 of Title 11 of the Oklahoma       |
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17|                   Statutes,                                           |
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18|              (3)   Section 1104K of Title 20 of the Oklahoma          |
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19|                   Statutes,                                           |
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20|              (4)   Section 2-305.12 of Title 47 of the Oklahoma       |
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21|                   Statutes,                                           |
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22|              (5)   Section 17-116.22 of Title 70 of the Oklahoma      |
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23|                   Statutes,                                           |
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24|                                                                       |
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arsid14056004 HB2279 HFLR                                          Page 6
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 1|              (6)   Section 930.11 of Title 74 of the Oklahoma         |
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 2|                   Statutes, or                                        |
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 3|         i.    which modifies the computation of the line-of-duty      |
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 4|              disability benefit pursuant to the provisions of this    |
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 5|              act, or                                                  |
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 6|         j.    which authorizes the boards of trustees for the         |
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 7|              public retirement systems as described in Sections 2     |
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 8|              through 7 of this act to provide retirement benefit      |
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 9|              increases according to the requirements and              |
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10|              limitations of those sections.                           |
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11|A nonfiscal retirement bill shall include any retirement bill that     |
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12|has as its sole purpose the appropriation or distribution or           |
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13|redistribution of monies in some manner to a retirement system for     |
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14|purposes of reducing the unfunded liability of such system or the      |
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15|earmarking of a portion of the revenue from a tax to a retirement      |
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16|system or increasing the percentage of the revenue earmarked from a    |
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17|tax to a retirement system;                                            |
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18|    6.  "Reduction-in-cost amendment" means an amendment to a          |
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19|retirement bill having a fiscal impact which reduces the cost of the   |
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20|bill as such cost is determined by the actuarial investigation for     |
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21|the bill prepared pursuant to Section 3109 of this title;              |
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22|    7.  "Retirement bill" means any bill or joint resolution           |
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23|introduced or any bill or joint resolution amended by a member of      |
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24|the Oklahoma Legislature which creates or amends any law directly      |
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arsid14056004 HB2279 HFLR                                          Page 7
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 1|affecting a retirement system.  A retirement bill shall not mean a     |
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 2|bill or resolution that impacts the revenue of any state tax in        |
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 3|which a portion of the revenue generated from such tax is earmarked    |
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 4|for the benefit of a retirement system;                                |
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 5|    8.  "Retirement bill having a fiscal impact" means any             |
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 6|retirement bill creating or establishing a retirement system and any   |
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 7|other retirement bill other than a nonfiscal retirement bill; and      |
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 8|    9.  "Retirement system" means the Teachers' Retirement System of   |
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 9|Oklahoma, the Oklahoma Public Employees Retirement System, the         |
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10|Uniform Retirement System for Justices and Judges, the Oklahoma        |
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11|Firefighters Pension and Retirement System, the Oklahoma Police        |
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12|Pension and Retirement System, the Oklahoma Law Enforcement            |
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13|Retirement System, or a retirement system established after January    |
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14|1, 2006.                                                               |
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15|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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16|in the Oklahoma Statutes as Section 49-143.8 of Title 11, unless       |
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17|there is created a duplication in numbering, reads as follows:         |
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18|    A.  As used in this section:                                       |
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19|    1.  "Beneficiary" means either a retired member of the             |
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20|retirement system or the survivor or other designated beneficiary of   |
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21|a retired member of the system;                                        |
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22|    2.  "CPI-W" means the measure of inflation published by the        |
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23|United States Bureau of Labor Statistics for Urban Wage Earners and    |
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24|Clerical Workers;                                                      |
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arsid14056004 HB2279 HFLR                                          Page 8
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 1|    3.  "Funded ratio" means the figure derived by dividing the        |
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 2|actuarial value of retirement system assets by the actuarial accrued   |
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 3|liability amount of the retirement system using the information        |
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 4|reported to the retirement system by its actuary in the annual         |
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 5|valuation and which is computed as of a day certain; and               |
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 6|    4.  "Retirement system" means the Oklahoma Firefighters Pension    |
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 7|and Retirement System.                                                 |
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 8|    B.  The board of trustees of the Oklahoma Firefighters Pension     |
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 9|and Retirement System shall grant a retirement benefit increase to     |
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10|the retired members of the system or their beneficiaries according     |
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11|to the requirements of this section.                                   |
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12|    C.  The benefit increase may only be implemented if the Consumer   |
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13|Price Index-Wage and Clerical Workers (CPI-W) for the calendar year    |
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14|preceding the year during which the benefit increase is to be          |
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15|granted reflects a positive rate of increase, but the retirement       |
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16|benefit increase shall not exceed four percent (4.0%).                 |
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17|    D.  The funded ratio of the retirement system must be at least     |
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18|seventy-five percent (75%) after the benefit increase is provided to   |
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19|the eligible retirees or beneficiaries.  If the grant of a             |
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20|retirement benefit increase based on the full amount of the increase   |
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21|in CPI-W for the applicable year would cause the retirement system     |
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22|funded ratio to be less than the figure prescribed by this section,    |
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23|the board of trustees shall provide a retirement benefit increase in   |
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24|such lesser amount as possible without causing a reduction of the      |
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arsid14056004 HB2279 HFLR                                          Page 9
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 1|funded ratio for the system to be less than the amount prescribed by   |
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 2|this section.                                                          |
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 3|    E.  For the plan year ending June 30 or July 1, as applicable,     |
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 4|immediately prior to the effective date of the retirement benefit      |
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 5|increase otherwise authorized by this section, the rate of return      |
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 6|for the retirement system assets must have been equal to or in         |
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 7|excess of the actuarial assumption for the rate of return on system    |
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 8|assets in effect at the beginning of such plan year.                   |
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 9|    F.  Only those persons who have been retired for at least one      |
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10|(1) year prior to the effective date of the retirement benefit         |
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11|increase shall be eligible for the benefit increase.                   |
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12|    G.  If otherwise authorized pursuant to the provisions of this     |
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13|section, the retirement benefit increase shall be effective July 1     |
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14|each year.                                                             |
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15|    SECTION 3.     NEW LAW     A new section of law to be codified     |
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16|in the Oklahoma Statutes as Section 50-136.10 of Title 11, unless      |
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17|there is created a duplication in numbering, reads as follows:         |
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18|    A.  As used in this section:                                       |
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19|    1.  "Beneficiary" means either a retired member of the             |
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20|retirement system or the survivor or other designated beneficiary of   |
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21|a retired member of the system;                                        |
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22|    2.  "CPI-W" means the measure of inflation published by the        |
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23|United States Bureau of Labor Statistics for Urban Wage Earners and    |
  |                                                                       |
24|Clerical Workers;                                                      |
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arsid14056004 HB2279 HFLR                                          Page 10
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 1|    3.  "Funded ratio" means the figure derived by dividing the        |
  |                                                                       |
 2|actuarial value of retirement system assets by the actuarial accrued   |
  |                                                                       |
 3|liability amount of the retirement system using the information        |
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 4|reported to the retirement system by its actuary in the annual         |
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 5|valuation and which is computed as of a day certain; and               |
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 6|    4.  "Retirement system" means the Oklahoma Police Pension and      |
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 7|Retirement System.                                                     |
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 8|    B.  The board of trustees of the Oklahoma Police Pension and       |
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 9|Retirement System shall grant a retirement benefit increase to the     |
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10|retired members of the system or their beneficiaries according to      |
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11|the requirements of this section.                                      |
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12|    C.  The benefit increase may only be implemented if the Consumer   |
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13|Price Index-Wage Earners and Clerical Workers (CPI-W) for the          |
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14|calendar year preceding the year during which the benefit increase     |
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15|is to be granted reflects a positive rate of increase, but the         |
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16|retirement benefit increase shall not exceed four percent (4.0%).      |
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17|    D.  The funded ratio of the retirement system must be at least     |
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18|ninety percent (90%) after the benefit increase is provided to the     |
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19|eligible retirees or beneficiaries.  If the grant of a retirement      |
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20|benefit increase based on the full amount of the increase in CPI-W     |
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21|for the applicable year would cause the retirement system funded       |
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22|ratio to be less than the figure prescribed by this section, the       |
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23|board of trustees shall provide a retirement benefit increase in       |
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24|such lesser amount as possible without causing a reduction of the      |
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arsid14056004 HB2279 HFLR                                          Page 11
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 1|funded ratio for the system to be less than the amount prescribed by   |
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 2|this section.                                                          |
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 3|    E.  For the plan year ending June 30 or July 1, as applicable,     |
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 4|immediately prior to the effective date of the retirement benefit      |
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 5|increase otherwise authorized by this section, the rate of return      |
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 6|for the retirement system assets must have been equal to or in         |
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 7|excess of the actuarial assumption for the rate of return on system    |
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 8|assets in effect at the beginning of such plan year.                   |
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 9|    F.  Only those persons who have been retired for at least one      |
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10|(1) year prior to the effective date of the retirement benefit         |
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11|increase shall be eligible for the benefit increase.                   |
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12|    G.  If otherwise authorized pursuant to the provisions of this     |
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13|section, the retirement benefit increase shall be effective July 1     |
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14|each year.                                                             |
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15|    SECTION 4.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
16|in the Oklahoma Statutes as Section 1104L of Title 20, unless there    |
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17|is created a duplication in numbering, reads as follows:               |
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18|    A.  As used in this section:                                       |
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19|    1.  "Beneficiary" means either a retired member of the             |
  |                                                                       |
20|retirement system or the survivor or other designated beneficiary of   |
  |                                                                       |
21|a retired member of the system;                                        |
  |                                                                       |
22|    2.  "CPI-W" means the measure of inflation published by the        |
  |                                                                       |
23|United States Bureau of Labor Statistics for Urban Wage Earners and    |
  |                                                                       |
24|Clerical Workers;                                                      |
  |                                                                       |
arsid14056004 HB2279 HFLR                                          Page 12
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 1|    3.  "Funded ratio" means the figure derived by dividing the        |
  |                                                                       |
 2|actuarial value of retirement system assets by the actuarial accrued   |
  |                                                                       |
 3|liability amount of the retirement system using the information        |
  |                                                                       |
 4|reported to the retirement system by its actuary in the annual         |
  |                                                                       |
 5|valuation and which is computed as of a day certain; and               |
  |                                                                       |
 6|    4.  "Retirement system" means the Uniform Retirement System for    |
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 7|Justices and Judges.                                                   |
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 8|    B.  The board of trustees of the Uniform Retirement System for     |
  |                                                                       |
 9|Justices and Judges shall grant a retirement benefit increase to the   |
  |                                                                       |
10|retired members of the system or their beneficiaries according to      |
  |                                                                       |
11|the requirements of this section.                                      |
  |                                                                       |
12|    C.  The benefit increase may only be implemented if the Consumer   |
  |                                                                       |
13|Price Index-Wage and Clerical Workers (CPI-W) for the calendar year    |
  |                                                                       |
14|preceding the year during which the benefit increase is to be          |
  |                                                                       |
15|granted reflects a positive rate of increase, but the retirement       |
  |                                                                       |
16|benefit increase shall not exceed four percent (4.0%).                 |
  |                                                                       |
17|    D.  The funded ratio of the retirement system must be at least     |
  |                                                                       |
18|ninety percent (90%) after the benefit increase is provided to the     |
  |                                                                       |
19|eligible retirees or beneficiaries.  If the grant of a retirement      |
  |                                                                       |
20|benefit increase based on the full amount of the increase in CPI-W     |
  |                                                                       |
21|for the applicable year would cause the retirement system funded       |
  |                                                                       |
22|ratio to be less than the figure prescribed by this section, the       |
  |                                                                       |
23|board of trustees shall provide a retirement benefit increase in       |
  |                                                                       |
24|such lesser amount as possible without causing a reduction of the      |
  |                                                                       |
arsid14056004 HB2279 HFLR                                          Page 13
___________________________________________________________________________

 1|funded ratio for the system to be less than the amount prescribed by   |
  |                                                                       |
 2|this section.                                                          |
  |                                                                       |
 3|    E.  For the plan year ending June 30 or July 1, as applicable,     |
  |                                                                       |
 4|immediately prior to the effective date of the retirement benefit      |
  |                                                                       |
 5|increase otherwise authorized by this section, the rate of return      |
  |                                                                       |
 6|for the retirement system assets must have been equal to or in         |
  |                                                                       |
 7|excess of the actuarial assumption for the rate of return on system    |
  |                                                                       |
 8|assets in effect at the beginning of such plan year.                   |
  |                                                                       |
 9|    F.  Only those persons who have been retired for at least one      |
  |                                                                       |
10|(1) year prior to the effective date of the retirement benefit         |
  |                                                                       |
11|increase shall be eligible for the benefit increase.                   |
  |                                                                       |
12|    G.  If otherwise authorized pursuant to the provisions of this     |
  |                                                                       |
13|section, the retirement benefit increase shall be effective July 1     |
  |                                                                       |
14|each year.                                                             |
  |                                                                       |
15|    SECTION 5.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
16|in the Oklahoma Statutes as Section 2-305.13 of Title 47, unless       |
  |                                                                       |
17|there is created a duplication in numbering, reads as follows:         |
  |                                                                       |
18|    A.  As used in this section:                                       |
  |                                                                       |
19|    1.  "Beneficiary" means either a retired member of the             |
  |                                                                       |
20|retirement system or the survivor or other designated beneficiary of   |
  |                                                                       |
21|a retired member of the system;                                        |
  |                                                                       |
22|    2.  "CPI-W" means the measure of inflation published by the        |
  |                                                                       |
23|United States Bureau of Labor Statistics for Urban Wage Earners and    |
  |                                                                       |
24|Clerical Workers;                                                      |
  |                                                                       |
arsid14056004 HB2279 HFLR                                          Page 14
___________________________________________________________________________

 1|    3.  "Funded ratio" means the figure derived by dividing the        |
  |                                                                       |
 2|actuarial value of retirement system assets by the actuarial accrued   |
  |                                                                       |
 3|liability amount of the retirement system using the information        |
  |                                                                       |
 4|reported to the retirement system by its actuary in the annual         |
  |                                                                       |
 5|valuation and which is computed as of a day certain; and               |
  |                                                                       |
 6|    4.  "Retirement system" means the Oklahoma Law Enforcement         |
  |                                                                       |
 7|Retirement System.                                                     |
  |                                                                       |
 8|    B.  The board of trustees of the Oklahoma Law Enforcement          |
  |                                                                       |
 9|Retirement System shall grant a retirement benefit increase to the     |
  |                                                                       |
10|retired members of the system or their beneficiaries according to      |
  |                                                                       |
11|the requirements of this section.                                      |
  |                                                                       |
12|    C.  The benefit increase may only be implemented if the Consumer   |
  |                                                                       |
13|Price Index-Wage and Clerical Workers (CPI-W) for the calendar year    |
  |                                                                       |
14|preceding the year during which the benefit increase is to be          |
  |                                                                       |
15|granted reflects a positive rate of increase, but the retirement       |
  |                                                                       |
16|benefit increase shall not exceed four percent (4.0%).                 |
  |                                                                       |
17|    D.  The funded ratio of the retirement system must be at least     |
  |                                                                       |
18|ninety percent (90%) after the benefit increase is provided to the     |
  |                                                                       |
19|eligible retirees or beneficiaries.  If the grant of a retirement      |
  |                                                                       |
20|benefit increase based on the full amount of the increase in CPI-W     |
  |                                                                       |
21|for the applicable year would cause the retirement system funded       |
  |                                                                       |
22|ratio to be less than the figure prescribed by this section, the       |
  |                                                                       |
23|board of trustees shall provide a retirement benefit increase in       |
  |                                                                       |
24|such lesser amount as possible without causing a reduction of the      |
  |                                                                       |
arsid14056004 HB2279 HFLR                                          Page 15
___________________________________________________________________________

 1|funded ratio for the system to be less than the amount prescribed by   |
  |                                                                       |
 2|this section.                                                          |
  |                                                                       |
 3|    E.  For the plan year ending June 30 or July 1, as applicable,     |
  |                                                                       |
 4|immediately prior to the effective date of the retirement benefit      |
  |                                                                       |
 5|increase otherwise authorized by this section, the rate of return      |
  |                                                                       |
 6|for the retirement system assets must have been equal to or in         |
  |                                                                       |
 7|excess of the actuarial assumption for the rate of return on system    |
  |                                                                       |
 8|assets in effect at the beginning of such plan year.                   |
  |                                                                       |
 9|    F.  Only those persons who have been retired for at least one      |
  |                                                                       |
10|(1) year prior to the effective date of the retirement benefit         |
  |                                                                       |
11|increase shall be eligible for the benefit increase.                   |
  |                                                                       |
12|    G.  If otherwise authorized pursuant to the provisions of this     |
  |                                                                       |
13|section, the retirement benefit increase shall be effective July 1     |
  |                                                                       |
14|each year.                                                             |
  |                                                                       |
15|    SECTION 6.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
16|in the Oklahoma Statutes as Section 17-116.23 of Title 70, unless      |
  |                                                                       |
17|there is created a duplication in numbering, reads as follows:         |
  |                                                                       |
18|    A.  As used in this section:                                       |
  |                                                                       |
19|    1.  "Beneficiary" means either a retired member of the             |
  |                                                                       |
20|retirement system or the survivor or other designated beneficiary of   |
  |                                                                       |
21|a retired member of the system;                                        |
  |                                                                       |
22|    2.  "CPI-W" means the measure of inflation published by the        |
  |                                                                       |
23|United States Bureau of Labor Statistics for Urban Wage Earners and    |
  |                                                                       |
24|Clerical Workers;                                                      |
  |                                                                       |
arsid14056004 HB2279 HFLR                                          Page 16
___________________________________________________________________________

 1|    3.  "Funded ratio" means the figure derived by dividing the        |
  |                                                                       |
 2|actuarial value of retirement system assets by the actuarial accrued   |
  |                                                                       |
 3|liability amount of the retirement system using the information        |
  |                                                                       |
 4|reported to the retirement system by its actuary in the annual         |
  |                                                                       |
 5|valuation and which is computed as of a day certain; and               |
  |                                                                       |
 6|    4.  "Retirement system" means the Teachers' Retirement System of   |
  |                                                                       |
 7|Oklahoma.                                                              |
  |                                                                       |
 8|    B.  The board of trustees of the Teachers' Retirement System of    |
  |                                                                       |
 9|Oklahoma shall grant a retirement benefit increase to the retired      |
  |                                                                       |
10|members of the system or their beneficiaries according to the          |
  |                                                                       |
11|requirements of this section.                                          |
  |                                                                       |
12|    C.  The benefit increase may only be implemented if the Consumer   |
  |                                                                       |
13|Price Index-Wage and Clerical Workers (CPI-W) for the calendar year    |
  |                                                                       |
14|preceding the year during which the benefit increase is to be          |
  |                                                                       |
15|granted reflects a positive rate of increase, but the retirement       |
  |                                                                       |
16|benefit increase shall not exceed four percent (4.0%).                 |
  |                                                                       |
17|    D.  The funded ratio of the retirement system must be at least     |
  |                                                                       |
18|seventy-five percent (75%) after the benefit increase is provided to   |
  |                                                                       |
19|the eligible retirees or beneficiaries.  If the grant of a             |
  |                                                                       |
20|retirement benefit increase based on the full amount of the increase   |
  |                                                                       |
21|in CPI-W for the applicable year would cause the retirement system     |
  |                                                                       |
22|funded ratio to be less than the figure prescribed by this section,    |
  |                                                                       |
23|the board of trustees shall provide a retirement benefit increase in   |
  |                                                                       |
24|such lesser amount as possible without causing a reduction of the      |
  |                                                                       |
arsid14056004 HB2279 HFLR                                          Page 17
___________________________________________________________________________

 1|funded ratio for the system to be less than the amount prescribed by   |
  |                                                                       |
 2|this section.                                                          |
  |                                                                       |
 3|    E.  For the plan year ending June 30 or July 1, as applicable,     |
  |                                                                       |
 4|immediately prior to the effective date of the retirement benefit      |
  |                                                                       |
 5|increase otherwise authorized by this section, the rate of return      |
  |                                                                       |
 6|for the retirement system assets must have been equal to or in         |
  |                                                                       |
 7|excess of the actuarial assumption for the rate of return on system    |
  |                                                                       |
 8|assets in effect at the beginning of such plan year.                   |
  |                                                                       |
 9|    F.  Only those persons who have been retired for at least one      |
  |                                                                       |
10|(1) year prior to the effective date of the retirement benefit         |
  |                                                                       |
11|increase shall be eligible for the benefit increase.                   |
  |                                                                       |
12|    G.  If otherwise authorized pursuant to the provisions of this     |
  |                                                                       |
13|section, the retirement benefit increase shall be effective July 1     |
  |                                                                       |
14|each year.                                                             |
  |                                                                       |
15|    SECTION 7.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
16|in the Oklahoma Statutes as Section 930.12 of Title 74, unless there   |
  |                                                                       |
17|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
18|    A.  As used in this section:                                       |
  |                                                                       |
19|    1.  "Beneficiary" means either a retired member of the             |
  |                                                                       |
20|retirement system or the survivor or other designated beneficiary of   |
  |                                                                       |
21|a retired member of the system;                                        |
  |                                                                       |
22|    2.  "CPI-W" means the measure of inflation published by the        |
  |                                                                       |
23|United States Bureau of Labor Statistics for Urban Wage Earners and    |
  |                                                                       |
24|Clerical Workers;                                                      |
  |                                                                       |
arsid14056004 HB2279 HFLR                                          Page 18
___________________________________________________________________________

 1|    3.  "Funded ratio" means the figure derived by dividing the        |
  |                                                                       |
 2|actuarial value of retirement system assets by the actuarial accrued   |
  |                                                                       |
 3|liability amount of the retirement system using the information        |
  |                                                                       |
 4|reported to the retirement system by its actuary in the annual         |
  |                                                                       |
 5|valuation and which is computed as of a day certain; and               |
  |                                                                       |
 6|    4.  "Retirement system" means the Oklahoma Public Employees        |
  |                                                                       |
 7|Retirement System.                                                     |
  |                                                                       |
 8|    B.  The board of trustees of the Oklahoma Public Employees         |
  |                                                                       |
 9|Retirement System shall grant a retirement benefit increase to the     |
  |                                                                       |
10|retired members of the system or their beneficiaries according to      |
  |                                                                       |
11|the requirements of this section.                                      |
  |                                                                       |
12|    C.  The benefit increase may only be implemented if the Consumer   |
  |                                                                       |
13|Price Index-Wage and Clerical Workers (CPI-W) for the calendar year    |
  |                                                                       |
14|preceding the year during which the benefit increase is to be          |
  |                                                                       |
15|granted reflects a positive rate of increase, but the retirement       |
  |                                                                       |
16|benefit increase shall not exceed four percent (4.0%).                 |
  |                                                                       |
17|    D.  The funded ratio of the retirement system must be at least     |
  |                                                                       |
18|ninety percent (90%) after the benefit increase is provided to the     |
  |                                                                       |
19|eligible retirees or beneficiaries.  If the grant of a retirement      |
  |                                                                       |
20|benefit increase based on the full amount of the increase in CPI-W     |
  |                                                                       |
21|for the applicable year would cause the retirement system funded       |
  |                                                                       |
22|ratio to be less than the figure prescribed by this section, the       |
  |                                                                       |
23|board of trustees shall provide a retirement benefit increase in       |
  |                                                                       |
24|such lesser amount as possible without causing a reduction of the      |
  |                                                                       |
arsid14056004 HB2279 HFLR                                          Page 19
___________________________________________________________________________

 1|funded ratio for the system to be less than the amount prescribed by   |
  |                                                                       |
 2|this section.                                                          |
  |                                                                       |
 3|    E.  For the plan year ending June 30 or July 1, as applicable,     |
  |                                                                       |
 4|immediately prior to the effective date of the retirement benefit      |
  |                                                                       |
 5|increase otherwise authorized by this section, the rate of return      |
  |                                                                       |
 6|for the retirement system assets must have been equal to or in         |
  |                                                                       |
 7|excess of the actuarial assumption for the rate of return on system    |
  |                                                                       |
 8|assets in effect at the beginning of such plan year.                   |
  |                                                                       |
 9|    F.  Only those persons who have been retired for at least one      |
  |                                                                       |
10|(1) year prior to the effective date of the retirement benefit         |
  |                                                                       |
11|increase shall be eligible for the benefit increase.                   |
  |                                                                       |
12|    G.  If otherwise authorized pursuant to the provisions of this     |
  |                                                                       |
13|section, the retirement benefit increase shall be effective July 1     |
  |                                                                       |
14|each year.                                                             |
  |                                                                       |
15|    SECTION 8.  Section 1 of this act shall become effective October   |
  |                                                                       |
16|1, 2023.                                                               |
  |                                                                       |
17|    SECTION 9.  Sections 2 through 7 of this act shall become          |
  |                                                                       |
18|effective November 1, 2023.                                            |
  |                                                                       |
19|                                                                       |
  |                                                                       |
20|COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/01/2023 - DO PASS,   |
  |As Amended and Coauthored.                                             |
21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid14056004 HB2279 HFLR                                          Page 20
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