{"data":{"id":"us-ok/okla.-stat.-tit.-20-20-1102","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 20, § 20-1102","heading":"Eligibility for retirement - Vacancies - Reemployment -","body":"Calculation of post-retirement.\n\nA. Any Justice or Judge of the Supreme Court, Court of Criminal\n\nAppeals, Workers' Compensation Court, Court of Appeals or District\n\nCourt who serves as Justice or judge of any of said courts in the\n\nState of Oklahoma shall be a member of The Uniform Retirement System\n\nfor Justices and Judges. For members whose initial service as a\n\nmember of the System began prior to January 1, 2012, such member who\n\nserves for a period of eight (8) years or longer and upon reaching\n\nor passing the age of sixty-five (65) years, or who serves for a\n\nperiod of ten (10) years or longer and upon reaching or passing the\n\nage of sixty (60) years, or whose sum of years of service and age\n\nequal or exceeds eighty (80), after completing eight (8) years of\n\njudicial service, shall be eligible to receive the retirement\n\nbenefits herein provided. For members whose initial service as a\n\nmember of the System began on or after January 1, 2012, such member\n\nwho serves for a period of eight (8) years or longer and upon\n\nreaching or passing the age of sixty-seven (67) years or who serves\n\nfor a period of ten (10) years or longer and upon reaching or\n\npassing the age of sixty-two (62) years shall be eligible to receive\n\nthe retirement benefits herein provided. In determining the periods\n\nof time above mentioned a major fraction of a year shall count as a\n\nwhole year. If such Justice or judge is still serving in such\n\ncapacity when the above requirements are complied with, the Justice\n\nor judge may elect to retire and may elect whether such retirement\n\nshall become effective immediately or at a specified time within the\n\nterm of the Justice or judge or at the expiration of the term of the\n\nJustice or judge. The Justice or judge shall file a written\n\ndeclaration with the System and the Court Administrator of his or\n\nher desire to retire. The Court Administrator shall notify the\n\nGovernor within five (5) business days of receiving the Notice of\n\nRetirement.\n\nB. Upon filing of an election by any Justice or judge to retire\n\nas authorized by Section 1101 et seq. of this title, the office held\n\nby such Justice or judge shall become vacated immediately or at the\n\nspecified time within the term of the Justice or judge, or at the\n\nexpiration of the term of the Justice or judge in accordance with\n\nthe election of the Justice or judge desiring retirement status.\n\nAny such vacancy so created shall be filled in the manner provided\n\nby law and the Constitution.\n\nC. If any retired member of the System should be elected or\n\nappointed to any judicial or other office covered by the System, the\n\nretirement compensation of the retired member shall be suspended\n\nduring the period of time that the retired member holds such office\n\nand be reinstated upon leaving such office. Notwithstanding any\n\nother provision of this section or any other provision of law to the\n\ncontrary, a retired Justice or judge shall be permitted to be\n\nemployed by any college or university within The Oklahoma State\n\nSystem of Higher Education as a full-time or part-time member of the\n\nfaculty or as a teacher in any common school or career and\n\ntechnology education entity without suspension of retirement\n\nbenefits.\n\nD. Any participating employer who is employing such a retiree\n\nas described in subsection C of this section shall make proper\n\nwritten notification to the System informing it of the beginning\n\ndate of such retiree's employment. Any retiree returning to work\n\nfor a participating employer shall make contributions to the System\n\nand the employer shall do likewise. All retirees who have returned\n\nto employment and participation in the System following retirement\n\nshall have post-retirement benefits calculated on one of the\n\nfollowing methods:\n\n1. All service accumulated from date of reemployment shall be\n\ncomputed based on the benefit formula applicable at that time, and\ning employer shall make contributions to the System\n\nand the employer shall do likewise. All retirees who have returned\n\nto employment and participation in the System following retirement\n\nshall have post-retirement benefits calculated on one of the\n\nfollowing methods:\n\n1. All service accumulated from date of reemployment shall be\n\ncomputed based on the benefit formula applicable at that time, and\n\nthe additional benefits shall be added to the previous benefits.\n\nSuch additional benefits shall be calculated each year based upon\n\nadditional service accrued from July 1 to June 30 of the previous\n\nyear and the additional benefits, if any, will be added to the\n\nretiree's monthly benefit beginning January 1 of the year after the\n\nretiree terminates the post-retirement employment and begins to\n\nreceive a benefit. However, the post-retirement service credit\n\nshall be cumulative, beginning with service credit accrued after the\n\ndate of retirement, provided that the retiree has not received a\n\ndistribution of the post-retirement contributions. All post-\n\nretirement additional benefits shall be calculated using actual\n\nhours worked as well as the actual compensation received and upon\n\nwhich contributions are paid. Post-retirement service is not\n\nsubject to the partial year round-up provisions of subsection A of\n\nthis section, and only full years of service will result in an\n\nincrease in a retiree's benefit.\n\n2. Any retiree who returns to employment with a participating\n\nemployer for a minimum period of thirty-six (36) consecutive months,\n\nshall have all service accumulated from date of reemployment counted\n\nas participating service. For purposes of determining the\n\nretirement benefits of such a member upon the termination of such\n\nreemployment, all creditable service of the member shall be computed\n\nbased on the benefit formula applicable at the time of termination\n\nof such reemployment. A retiree who is not reemployed for the full\n\nthirty-six (36) consecutive months shall upon termination of such\n\nreemployment have only the additional amount added to his or her\n\nbenefit.\n\n3. The provisions of this section shall not be applicable to\n\nSection 1104B of this title.","path":["OK Code","Title 20"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os20.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"27bc41c9a147d7f4ecb6ce9e092c60e0918f2c6e6350e77526231e9358c09ef5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-20-20-1101.1","next":"us-ok/okla.-stat.-tit.-20-20-1102.2"},"notice":"GroundRules: Original legal text. Not legal advice."}