Bill Text For SB0882 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|SENATE BILL 882                      By: Montgomery                    |
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 5|                            AS INTRODUCED                              |
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 6|       An Act relating to the Teachers' Retirement System of           |
  |       Oklahoma; directing creation of defined contribution            |
 7|       system for members entering after certain date;                 |
  |       establishing provisions for new members entering                |
 8|       system; requiring Teachers' Retirement System of                |
  |       Oklahoma to gain federal distinction and                        |
 9|       authorization; directing System to offer Roth                   |
  |       individual retirement account option; providing for             |
10|       members to borrow against certain plans subject to              |
  |       federal requirements; directing promulgation of rules           |
11|       by System; establishing employee and employer                   |
  |       contributions subject to certain limitations;                   |
12|       directing distribution of funds in defined                      |
  |       contribution system; allowing the Legislature to                |
13|       modify certain rates at any time with certain                   |
  |       employee rights reserved; providing for certain funds           |
14|       to be paid by certain date to System; establishing              |
  |       process for certain fund distribution through the               |
15|       Office of Management and Enterprise Services;                   |
  |       requiring employee contributions to be fully vested;            |
16|       providing vesting schedule for employer                         |
  |       contributions; providing for investment options to be           |
17|       determined by employee or System; providing for                 |
  |       System to contract with certain entities for certain            |
18|       plan options; providing for payment of certain                  |
  |       revenues to System; providing for deposit of funds              |
19|       with existing defined benefit plan; providing for               |
  |       effect of enactment on certain rights; prohibiting              |
20|       certain collection activity with respect to funds;              |
  |       authorizing offsets; providing for enforcement of               |
21|       qualified domestic orders; defining term; prescribing           |
  |       procedures with respect to alternate payees;                    |
22|       prescribing content; imposing restrictions;                     |
  |       authorizing promulgation of rules; providing for                |
23|       codification; and providing an effective date.                  |
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24|                                                                       |
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   Req. No. 387                                                    Page 1
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 1|                                                                       |
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 2|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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 3|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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 4|in the Oklahoma Statutes as Section 17-211 of Title 70, unless there   |
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 5|is created a duplication in numbering, reads as follows:               |
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 6|    A.  Effective July 1, 2024, the Teachers' Retirement System of     |
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 7|Oklahoma shall establish a defined contribution system for newly       |
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 8|employed persons of any participating employer of the System.          |
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 9|    B.  A person employed on or after July 1, 2024 shall become a      |
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10|participant in the defined contribution system and the member shall    |
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11|not accrue any service credit in the defined benefit system            |
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12|previously established by the System.                                  |
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13|    C.  The Board of Trustees of the Teachers' Retirement System of    |
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14|Oklahoma shall take any action that is reasonable and necessary to     |
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15|have the defined contribution system authorized by this act to be      |
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16|recognized as a tax-qualified plan as defined by 26 U.S.C. Section     |
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17|457.  The Board shall take whatever action is reasonable and           |
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18|necessary to obtain confirmation from the Internal Revenue Service     |
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19|that the 457 plan is consistent with the requirements of 26 U.S.C.     |
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20|Section 457.                                                           |
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21|    D.  1.  In addition to the plans offered by the defined            |
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22|contribution system, the System shall also offer a Roth individual     |
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23|retirement account subject to any limitations under Section 408A(c)    |
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24|of the Internal Revenue Code of 1986, as amended.                      |
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   Req. No. 387                                                    Page 2
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 1|    2.  Members of the System may borrow against any account under     |
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 2|their defined contribution plan, provided such borrowing is in         |
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 3|compliance with the Internal Revenue Code of 1986, as amended.         |
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 4|    E.  The System shall promulgate rules to effectuate the            |
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 5|provisions of this act.                                                |
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 6|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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 7|in the Oklahoma Statutes as Section 17-212 of Title 70, unless there   |
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 8|is created a duplication in numbering, reads as follows:               |
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 9|    A.  Employee contributions to the defined contribution system      |
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10|established under Section 1 of this act shall be a default of six      |
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11|percent (6%) and shall allow for a minimum contribution of four        |
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12|percent (4%) of compensation.  Employee contributions to the defined   |
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13|contribution system that are eligible for an employer match shall      |
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14|not exceed a percentage, based on the employee's compensation, which   |
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15|would exceed the maximum amount allowed pursuant to Section 415 of     |
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16|the Internal Revenue Code of 1986, as amended.                         |
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17|    B.  Except as otherwise provided by subsection C of this           |
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18|section, employers of employees who become participants in the         |
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19|defined contribution retirement system shall match the employee        |
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20|contribution paid on a monthly or more frequent basis at the rate of   |
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21|six percent (6%) based on the same compensation amount used to         |
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22|compute the employee contribution amount.                              |
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23|    C.  If an employee selects a contribution rate of seven percent    |
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24|(7%) or more, but not higher than allowed pursuant to the maximum      |
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   Req. No. 387                                                    Page 3
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 1|annual contribution limit prescribed by Section 415 of the Internal    |
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 2|Revenue Code of 1986, as amended, the employer matching amount shall   |
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 3|be seven percent (7%).                                                 |
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 4|    D.  The initial four percent (4%) employee contribution shall be   |
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 5|the only mandatory contribution of an employee participating in the    |
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 6|defined contribution retirement system created by this act.  These     |
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 7|funds shall be placed by the Teachers' Retirement System of Oklahoma   |
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 8|in either a 401(a) plan or a 457(b) plan, to be determined by the      |
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 9|Board of Trustees of the Teachers' Retirement System of Oklahoma to    |
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10|maintain the plan consistent with the Internal Revenue Code.  Any      |
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11|employee contributions eligible to be matched under this section       |
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12|over the four percent (4%) initial contribution shall be considered    |
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13|voluntary deferrals of compensation and placed in a 457(b) plan.       |
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14|All employer matching funds shall be placed in a 401(a) plan.          |
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15|    Any contribution rate that is more than the four percent (4%)      |
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16|rate can be chosen by the participating employee upon the employee's   |
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17|initial participation and can be changed once per month.  The          |
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18|employee contribution rate chosen shall continue until the employee    |
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19|elects to change the contribution rate, terminates service, or         |
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20|retires.                                                               |
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21|    E.  The employer match as set forth in subsection B of this        |
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22|section may be increased at any time by the Legislature without        |
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23|affecting the then-existing rights of participating employees and      |
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24|beneficiaries to encourage participating employees to accumulate       |
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   Req. No. 387                                                    Page 4
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 1|deferred income reserves for themselves and their dependents.  The     |
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 2|employer match may be decreased at any time by the Legislature         |
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 3|without affecting the then-existing rights of participating            |
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 4|employees and beneficiaries in order to provide funding as may be      |
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 5|needed to reduce the unfunded liabilities of the defined benefit       |
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 6|plan as set forth in Section 17-101 et seq. of Title 70 of the         |
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 7|Oklahoma Statutes, but shall not be less than six percent (6%) for     |
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 8|any year during which the defined contribution plan is maintained.     |
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 9|    SECTION 3.     NEW LAW     A new section of law to be codified     |
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10|in the Oklahoma Statutes as Section 17-213 of Title 70, unless there   |
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11|is created a duplication in numbering, reads as follows:               |
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12|    A.  Except as otherwise provided by this section, employers        |
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13|shall make payment to the required matching amount as provided by      |
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14|Section 5 of this act within five (5) business days of the member's    |
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15|payroll pay date.  The Teachers' Retirement System of Oklahoma shall   |
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16|ensure the payment is credited to the defined contribution system      |
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17|account of the member as soon as possible.                             |
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18|    B.  All employee contributions to the defined contribution         |
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19|system shall be affected by salary deductions from the salary of the   |
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20|employee and shall be remitted by the participating employer to the    |
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21|System for deposit into the defined contribution system account        |
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22|maintained on behalf of the employee.                                  |
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23|    C.  Participating employers whose salary deductions and employer   |
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24|contributions are not remitted to the System through the Office of     |
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   Req. No. 387                                                    Page 5
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 1|Management and Enterprise Services shall either send all remittances   |
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 2|by electronic funds transfer, or place all remittances in a bank       |
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 3|account from which the System can debit the amount due, both within    |
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 4|five (5) business days of the payroll pay date of the member.          |
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 5|Payroll data shall be remitted by the same deadline.                   |
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 6|    D.  The Office of Management and Enterprise Services shall         |
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 7|cooperate with the Board of Trustees of the Teachers' Retirement       |
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 8|System of Oklahoma to ensure compliance with this act.                 |
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 9|    E.  Each employer which has employees participating in the         |
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10|defined contribution system shall pay to the System in the same        |
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11|manner and at the same time required for contributions under this      |
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12|section an amount to reimburse the cost of administration of the       |
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13|defined contribution system, as determined by the Board of Trustees    |
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14|of the Teachers' Retirement System of Oklahoma.                        |
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15|    1.  The Board shall certify each year to the Office of             |
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16|Management and Enterprise Services and to participating employers      |
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17|whose salary deductions and employer contributions are not remitted    |
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18|to the System through the Office, the determined amount for the        |
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19|administrative cost of the defined contribution system which will be   |
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20|required to be paid for each participant.                              |
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21|    2.  Each employer shall pay at least monthly to the System the     |
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22|sum sufficient to satisfy the obligation under this section as         |
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23|certified by the Board.                                                |
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24|                                                                       |
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   Req. No. 387                                                    Page 6
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 1|    F.  The account of each employee participating in the defined      |
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 2|contribution system shall consist of the amount in the account plus    |
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 3|credits representing employer and employee contributions and minus     |
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 4|debits representing any losses, other decrements, or expenses under    |
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 5|the system and any distributions made to the employee under the        |
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 6|system.                                                                |
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 7|    SECTION 4.     NEW LAW     A new section of law to be codified     |
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 8|in the Oklahoma Statutes as Section 17-214 of Title 70, unless there   |
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 9|is created a duplication in numbering, reads as follows:               |
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10|    A.  Members shall at all times be vested at one hundred percent    |
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11|(100%) of the amount of their employee contributions.  Members shall   |
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12|have retirement discretion over these contributions within the         |
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13|available options offered by the Board of Trustees of the Teachers'    |
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14|Retirement System of Oklahoma.                                         |
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15|    B.  Members shall be vested with respect to the employer           |
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16|matching amounts deposited into their defined contribution system      |
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17|account according to the following schedule based on years of          |
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18|participating service:                                                 |
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19|    Year 1                              20%                            |
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20|    Year 2                              40%                            |
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21|    Year 3                              60%                            |
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22|    Year 4                              80%                            |
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23|    Year 5 and thereafter               100%                           |
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24|                                                                       |
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   Req. No. 387                                                    Page 7
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 1|    C.  Members shall have investment discretion over all employer     |
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 2|contributions.                                                         |
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 3|    D.  For the purposes of determining a member's right to withdraw   |
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 4|employer matching contributions and any investment gains upon such     |
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 5|employer contribution matching amounts, the vesting percentages        |
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 6|apply at the end of each full year of service as described in          |
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 7|subsection B of this section.                                          |
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 8|    E.  For members who do not select any investment options, the      |
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 9|Board shall establish default investment options for the               |
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10|contributions received form members and default investment options     |
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11|for matching employer contributions.                                   |
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12|    F.  To the extent that participants leave employment and have      |
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13|not vested in all the employer contributions, the nonvested            |
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14|contributions may be used to offset costs of administering the plan.   |
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15|    G.  The Board shall contract with one or more business entities    |
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16|to create a range of choices regarding investment of funds deposited   |
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17|into defined contribution system accounts.  In selecting investment    |
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18|options for participants in the plan, the Board shall give due         |
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19|consideration to offering investment options provided by business      |
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20|entities that provide guaranteed lifetime income in retirement such    |
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21|as annuities, guaranteed investment contracts, or similar products.    |
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22|The Board may amend any of its existing contracts with its current     |
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23|service providers to perform substantially the same type of service    |
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24|the provider is currently performing for the Board, to facilitate      |
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   Req. No. 387                                                    Page 8
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 1|the timely introduction of the new defined contribution system         |
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 2|created by this act.  Thereafter, the contracting process for the      |
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 3|selection of service providers carrying out duties related to the      |
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 4|administration of the plan shall be the same as the selection          |
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 5|process for other providers selected by the Board.                     |
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 6|    SECTION 5.     NEW LAW     A new section of law to be codified     |
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 7|in the Oklahoma Statutes as Section 17-215 of Title 70, unless there   |
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 8|is created a duplication in numbering, reads as follows:               |
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 9|    A.  Each participating employer under the Teachers' Retirement     |
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10|System of Oklahoma shall pick up under the provisions of Section       |
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11|414(h)(2) of the Internal Revenue Code of 1986, as amended, and pay    |
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12|the contribution which the participating employee is required by law   |
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13|to make to the System for all compensation earned after the date as    |
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14|of which an employee begins to participate in the defined              |
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15|contribution system.  Although the contributions picked up are         |
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16|designated as participating employee contributions, the                |
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17|contributions shall be treated as contributions being paid by the      |
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18|employer in lieu of contributions by the participating employee in     |
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19|determining tax treatment under the Internal Revenue Code of 1986,     |
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20|as amended, and the picked-up contributions shall not be includable    |
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21|in the gross income of the participating employee until the amounts    |
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22|are distributed or made available to the participating employee or     |
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23|the beneficiary of the participating employee.  The participating      |
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24|employee, by the terms of this System, shall not have any option to    |
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   Req. No. 387                                                    Page 9
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 1|choose to receive the contributions so picked up directly and the      |
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 2|picked-up contributions must be paid by the employer to the System.    |
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 3|    B.  Contributions by the participating employee into a 457(b)      |
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 4|plan may not be picked up by the employer but shall be a voluntary     |
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 5|deferral of the employee's compensation.  Participating employers      |
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 6|within the System that have established 457(b) or Roth individual      |
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 7|retirement account plans for their employees shall have the            |
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 8|obligation to ensure that their employees do not exceed the maximum    |
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 9|annual contributions to the plan under the Internal Revenue Code.      |
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10|    SECTION 6.     NEW LAW     A new section of law to be codified     |
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11|in the Oklahoma Statutes as Section 17-216 of Title 70, unless there   |
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12|is created a duplication in numbering, reads as follows:               |
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13|    A.  Notwithstanding any other provision of the statutes            |
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14|governing the Teachers' Retirement System of Oklahoma to the           |
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15|contrary, each participating employer shall remit to the System the    |
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16|difference between the amount of money which would be remitted to      |
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17|the System using the employer contribution rate required by Section    |
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18|17-108.1 of Title 70 of the Oklahoma Statutes and the amount of        |
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19|money required for the participating employer to make the required     |
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20|matching contribution amount on behalf of a participating employee     |
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21|who participates in the defined contribution system authorized         |
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22|pursuant to the provisions of Section 2 of this act.                   |
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23|    B.  The System shall deposit the monies remitted to it by          |
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24|employers having participating employees in the defined contribution   |
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   Req. No. 387                                                    Page 10
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 1|system created by this act, as described by subsection A of this       |
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 2|section, into the existing defined benefit pension plan authorized     |
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 3|pursuant to Section 17-101 et seq. of Title 70 of the Oklahoma         |
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 4|Statutes to reduce the liabilities of the defined benefit pension      |
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 5|plan.                                                                  |
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 6|    SECTION 7.     NEW LAW     A new section of law to be codified     |
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 7|in the Oklahoma Statutes as Section 17-217 of Title 70, unless there   |
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 8|is created a duplication in numbering, reads as follows:               |
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 9|    A.  Except as otherwise provided by this section or in Section 2   |
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10|of this act, no alteration, amendment, or repeal of this act shall     |
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11|affect the then-existing rights of participating employees and         |
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12|beneficiaries but shall be effective only as to rights which would     |
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13|otherwise accrue hereunder as a result of services rendered by an      |
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14|employee after such alteration, amendment, or repeal.  Any benefits,   |
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15|fund, property, or rights created by or accruing to any person under   |
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16|the provisions of this act shall not be subject to execution,          |
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17|garnishment, or attachment, or any other process or claim              |
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18|whatsoever, and shall be unassignable, except as specifically          |
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19|provided by this section.  Notwithstanding the foregoing, the Board    |
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20|of Trustees of the Teachers' Retirement System of Oklahoma may         |
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21|offset any amounts held by a participant in the plan or beneficiary    |
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22|to pay a judgment or settlement against a participating employee or    |
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23|beneficiary for a crime involving the System, for a fraud or breach    |
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24|of the participating employee's fiduciary duty to the System, or for   |
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   Req. No. 387                                                    Page 11
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 1|funds or monies incorrectly paid to a participating employee or a      |
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 2|beneficiary, provided such offset is in accordance with the            |
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 3|requirements of Section 401(a)(13) or similar provisions of the        |
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 4|Internal Revenue Code of 1986, as amended.  The offset applies to      |
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 5|any assets held in the plan which may otherwise be payable to a        |
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 6|participating employee or beneficiary from the plan administered by    |
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 7|the Board.                                                             |
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 8|    B.  1.  The provisions of subsection A of this section shall not   |
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 9|apply to a qualified domestic order as provided pursuant to this       |
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10|subsection.                                                            |
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11|    2.  The term "qualified domestic order" means an order issued by   |
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12|a district court of this state pursuant to the domestic relation       |
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13|laws of this state which relates to the provision of marital           |
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14|property rights to a spouse or former spouse of a participating        |
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15|employee or provision of support for a minor child or children and     |
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16|which creates or recognizes the existence of the right of an           |
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17|alternate payee, or assigns to an alternate payee the right, to        |
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18|receive a portion of the funds payable with respect to a participant   |
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19|in the plan.                                                           |
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20|    3.  For purposes of the payment of marital property, to qualify    |
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21|as an alternate payee a spouse or former spouse must have been         |
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22|married to the related participating employee for a period not less    |
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23|than thirty (30) continuous months immediately preceding the           |
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24|                                                                       |
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   Req. No. 387                                                    Page 12
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 1|commencement of the proceedings from which the qualified domestic      |
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 2|order issues.                                                          |
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 3|    4.  A qualified domestic order is valid and binding on the Board   |
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 4|and the related participating employee only if it meets the            |
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 5|requirements of this subsection.                                       |
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 6|    5.  A qualified domestic order shall clearly specify:              |
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 7|         a.    the name and last-known mailing address (if any) of     |
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 8|              the participating employee and the name and mailing      |
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 9|              address of the alternate payee covered by the order,     |
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10|         b.    the amount or percentage of the participating           |
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11|              employee's funds or assets to be paid by the System to   |
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12|              the alternate payee,                                     |
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13|         c.    the number of payments or period to which such order    |
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14|              applies,                                                 |
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15|         d.    the characterization of the benefit as to marital       |
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16|              property rights or child support, and                    |
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17|         e.    each plan to which such order applies.                  |
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18|    6.  A qualified domestic order meets the requirements of this      |
  |                                                                       |
19|subsection only if such order:                                         |
  |                                                                       |
20|         a.    does not require the System to provide any type or      |
  |                                                                       |
21|              form of benefit, or any option not otherwise provided    |
  |                                                                       |
22|              under state law as relates to the System,                |
  |                                                                       |
23|         b.    does not require the System to provide increased        |
  |                                                                       |
24|              benefits, and                                            |
  |                                                                       |
   Req. No. 387                                                    Page 13
___________________________________________________________________________

 1|         c.    does not require the payment of funds or assets to an   |
  |                                                                       |
 2|              alternate payee which are required to be paid to         |
  |                                                                       |
 3|              another alternate payee pursuant to another order        |
  |                                                                       |
 4|              previously determined to be a qualified domestic order   |
  |                                                                       |
 5|              or an order recognized by the System as a valid order    |
  |                                                                       |
 6|              prior to July 1, 2024.                                   |
  |                                                                       |
 7|    7.  This subsection shall not be subject to the provisions of      |
  |                                                                       |
 8|the Employee Retirement Income Security Act of 1974 (ERISA), 29        |
  |                                                                       |
 9|U.S.C., Section 1001 et seq., as amended from time to time, or rules   |
  |                                                                       |
10|and regulations promulgated thereunder, and court cases interpreting   |
  |                                                                       |
11|the act.                                                               |
  |                                                                       |
12|    8.  The Board shall promulgate such rules as are necessary to      |
  |                                                                       |
13|implement the provisions of this subsection.                           |
  |                                                                       |
14|    9.  An alternate payee who has acquired beneficiary rights         |
  |                                                                       |
15|pursuant to a valid qualified domestic order must fully comply with    |
  |                                                                       |
16|all provisions of the rules promulgated by the Board pursuant to       |
  |                                                                       |
17|this subsection to continue receiving his or her benefit.              |
  |                                                                       |
18|    SECTION 8.  This act shall become effective November 1, 2023.      |
  |                                                                       |
19|                                                                       |
  |                                                                       |
20|    59-1-387       RD        1/19/2023 11:42:19 AM                     |
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21|                                                                       |
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22|                                                                       |
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23|                                                                       |
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24|                                                                       |
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   Req. No. 387                                                    Page 14
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