{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-2-307","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-2-307","heading":"Leaves of absence - Termination of employment -","body":"Reinstatement - Service in Armed Forces - Involuntary furloughs.\n\n(a) In the event a member of the System obtains a leave of\n\nabsence, of not to exceed ninety (90) days at any one time, because\n\nof injury or illness or for any personal reason other than the\n\nacceptance of other employment, the member's membership in the\n\nSystem shall not terminate and the period of such leave shall be\n\ncounted toward retirement for length of service if, during such\n\nleave of absence or at the end thereof, the member shall pay to the\n\nFund an amount equal to the contributions which would have been\n\ndeducted from the member's salary during such period if such leave\n\nof absence had not been obtained, but if such contributions are not\n\npaid during such leave or made up within thirty (30) days after the\n\nend of such leave, or if such leave of absence extends for more than\n\nninety (90) days at any one time, the period of such leave shall not\n\nbe counted toward length of service for retirement nor in computing\n\nthe amount of any pension or any retirement pay or any other\n\nbenefits hereunder.\n\n(b) In the event a member of the System obtains a leave of\n\nabsence for the purpose of accepting other employment, or if a\n\nmember resigns and during such resignation accepts other employment,\n\nthe member's membership in the System shall terminate as of the date\n\nof the beginning of such leave. Provided, that if the membership of\n\na member of the System shall have been terminated either by such\n\nleave of absence or by termination of employment, and such former\n\nmember is reemployed, the Board, upon application therefor made in\n\nthe same manner as an original application for membership in the\n\nSystem, may reinstate such membership. Such reinstated member shall\n\nbe allowed full credit toward retirement for all service credit\n\naccrued up to the time of termination of membership if, but only if:\n\n1. Such application for reinstatement is made within three (3)\n\nyears from the date of such termination of such membership;\n\n2. Such reinstated member remains a member of the System for a\n\nperiod of five (5) consecutive years after reinstatement of\n\nmembership;\n\n3. Such reinstated member reimburses the Fund, at the time\n\napplication for reinstatement is made, with the amount of any\n\nportion of the membership contribution which has been refunded to\n\nthe member under the provisions of Section 2-308 of this title; and\n\n4. A lump-sum payment for repayment of any amount received\n\nbecause of a member's prior termination may be repaid by:\n\na. a cash lump-sum payment,\n\nb. a trustee-to-trustee transfer of non-Roth funds from a\n\nSection 403(b) annuity or custodial account, an\n\neligible deferred compensation plan described in Code\n\nSection 457(b) which is maintained by an eligible\n\nemployer described in Code Section 457(e)(1)(A),\n\nand/or a Code Section 401(a) qualified plan,\n\nc. a direct rollover of tax-deferred funds from a Code\n\nSection 403(b) annuity or custodial account, an\n\neligible deferred compensation plan described in Code\n\nSection 457(b) which is maintained by an eligible\n\nemployer described in Code Section 457(e)(1)(A), a\n\nCode Section 401(a) qualified plan, and/or a Code\n\nSection 408(a) or 408(b) traditional or conduit\n\nIndividual Retirement Account or Annuity (IRA). Roth\n\naccounts, Coverdell Education Savings Accounts and\n\nafter-tax contributions shall not be used to purchase\n\nsuch service credit, or\n\nd. any combination of the above methods of payment.\n\nThe provisions of this subsection shall not apply to absences\n\ncaused by such military service as may be considered as service for\n\nretirement for length of service under the provisions of subsection\n\n(c) of this section.\nts, Coverdell Education Savings Accounts and\n\nafter-tax contributions shall not be used to purchase\n\nsuch service credit, or\n\nd. any combination of the above methods of payment.\n\nThe provisions of this subsection shall not apply to absences\n\ncaused by such military service as may be considered as service for\n\nretirement for length of service under the provisions of subsection\n\n(c) of this section.\n\n(c) In determining the eligibility of a member for retirement\n\nbased upon length of service, any service in the Armed Forces of the\n\nUnited States or any component thereof between the 16th day of\n\nSeptember, 1940, and the 30th day of June, 1954, and any service in\n\nthe Armed Forces of the United States or any component thereof upon\n\ncall of the President of the United States or of the Governor of the\n\nState of Oklahoma, together with such prior service, as would have\n\nbeen otherwise considered as service for retirement for length of\n\nservice, shall be considered as service for length of service,\n\nprovided that the member returns and files application for\n\nreinstatement as a member of the System within ninety (90) days\n\nafter the member's release, or opportunity for release, from such\n\nArmed Forces or component thereof. The member's employing agency\n\nthat is making contributions to the System on behalf of the member\n\nshall continue payment of contributions into the pension fund, to\n\nthe same force and effect as though the member was in the actual\n\nemployment of such agency at the same salary for a period not to\n\nexceed five (5) years. If such member shall have been refunded any\n\nportion of the membership contributions as provided in Section 2-308\n\nof this title, the member shall be required to reimburse the Fund\n\nwith the same amount at the time of the member's application for\n\nreinstatement in the System, before the reinstated member is given\n\ncredit for accrued prior service. Provided, that in no event shall\n\na member of the System who has entered such Armed Forces or\n\ncomponent thereof prior to retirement be or become eligible for\n\nretirement for length of service unless the member shall thereafter\n\nhave been reinstated as a member of the System as provided for\n\nherein, and thereafter remained a member for at least one (1) year\n\nafter such reinstatement.\n\n(d) Time spent on involuntary furlough by members pursuant to\n\nthe rules of the Office of Management and Enterprise Services shall\n\nbe credited.\n\n(e) Notwithstanding any provisions herein to the contrary:\n\n1. Contributions, benefits and service credit with respect to\n\nqualified military service shall be provided in accordance with\n\nSection 414(u) of the Internal Revenue Code of 1986, as amended,\n\nwhich is in accordance with the Uniformed Service Employment and\n\nReemployment Rights Act of 1994, as amended (USERRA). The\n\nemployer's contributions to the System for a member covered by\n\nUSERRA are due when such a member makes up his or her contributions\n\nthat were missed due to his or her qualified military service; and\n\n2. Effective January 1, 2007, if any member dies while\n\nperforming qualified military service (as defined in Section 414(u)\n\nof the Internal Revenue Code of 1986, as amended), the survivors of\n\nthe member are entitled to any additional benefits other than\n\nbenefit accruals relating to the period of qualified military\n\nservice provided under the System had the member resumed and then\n\nterminated employment on account of death.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e5f936a8f6922728cb5d430b9b768d15bbc98b1f7307cb121d6b59c8c159ea32","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-2-306.3","next":"us-ok/okla.-stat.-tit.-47-47-2-307.1"},"notice":"GroundRules: Original legal text. Not legal advice."}