{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-17-101","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-17-101","heading":"Definitions","body":"The following words and phrases as used in Section 17-101 et\n\nseq. of this title, unless a different meaning is clearly required\n\nby the context, shall have the following meanings:\n\n1. “Retirement system” shall mean the Teachers’ Retirement\n\nSystem of Oklahoma, as defined in Section 17-102 of this title;\n\n2. “Public school” shall mean a school district, a state\n\ncollege or university, the State Board of Education, the State Board\n\nof Career and Technology Education, and any other state educational\n\nentity conducted within the state supported wholly or partly by\n\npublic funds and operating under the authority and supervision of a\n\nlegally constituted board or agency having authority and\n\nresponsibility for any function of public education. Public school\n\nshall also mean a tuition-free, nonprofit alternative school of\n\nchoice that provides education, therapeutic counseling, and outreach\n\nprograms which is aligned with a school district and which receives\n\ngrant funds from governmental sources;\n\n3. “Classified personnel” shall mean any teacher, principal,\n\nsuperintendent, supervisor, administrator, librarian, certified or\n\nregistered nurse, college professor, or college president whose\n\nsalary is paid wholly or in part from public funds. An employee of\n\nany state department, board, board of regents, or board of trustees,\n\nwho is in a supervisory or an administrative position, the function\n\nof which is primarily devoted to public education, shall be\n\nconsidered classified personnel under the meaning of Section 17-101\n\net seq. of this title, at the discretion of the Board of Trustees of\n\nthe Teachers’ Retirement System of Oklahoma. The term “teacher”\n\nshall also include instructors and counselors employed by the\n\nDepartment of Corrections and holding valid teaching certificates\n\nissued by the State Department of Education. Provided, that a\n\nperson employed by the Department of Corrections as an instructor or\n\ncounselor shall have been actively engaged in the teaching\n\nprofession for a period not less than three (3) years prior to\n\nemployment to be eligible to participate in the Teachers’ Retirement\n\nSystem of Oklahoma. The Department of Corrections shall contribute\n\nthe employer’s share to the Teachers’ Retirement System of Oklahoma;\n\n4. “Nonclassified optional personnel” shall include persons\n\nhired as adjunct teachers pursuant to subsection G of Section 6-\n\n122.3 of this title, cooks, janitors, maintenance personnel not in a\n\nsupervisory capacity, bus drivers, noncertified or nonregistered\n\nnurses, noncertified librarians, and clerical employees of the\n\npublic schools, state colleges, universities, or any state\n\ndepartment, board, board of regents, or board of trustees, the\n\nfunctions of which are primarily devoted to public education and\n\nwhose salaries are paid wholly or in part from public funds;\n\n5. “Employer” shall mean the state and any of its designated\n\nagents or agencies with responsibility and authority for public\n\neducation, such as boards of education of elementary and independent\n\nschool districts, boards of regents, boards of control, or any other\n\nagency of and within the state by which a person may be employed for\n\nservice in public education. Employer shall also mean the board of\n\ndirectors of a tuition-free, nonprofit alternative school of choice\n\nthat provides education, therapeutic counseling, and outreach\n\nprograms which is aligned with a school district and which receives\n\ngrant funds from governmental sources;\n\n6. “Member” shall mean any teacher or other employee included\n\nin the membership of the system as provided in Section 17-103 of\n\nthis title;\n\n7. “Board of Trustees” shall mean the board provided for in\n\nSection 17-106 of this title to administer the retirement system;\n\n8. “Prior service” shall mean withdrawn service, provided:\n\na. before July 1, 2021, prior service shall exclude\n\nservice attributable to any membership period during\nor other employee included\n\nin the membership of the system as provided in Section 17-103 of\n\nthis title;\n\n7. “Board of Trustees” shall mean the board provided for in\n\nSection 17-106 of this title to administer the retirement system;\n\n8. “Prior service” shall mean withdrawn service, provided:\n\na. before July 1, 2021, prior service shall exclude\n\nservice attributable to any membership period during\n\nwhich nonclassified optional members voluntarily\n\nceased contributions while remaining employed in\n\npublic education or voluntarily withdrew from\n\nmembership in the System, and\n\nb. on and after July 1, 2021, prior service shall exclude\n\nservice attributable to any period of time during\n\nwhich nonclassified optional members opted out of\n\nmembership in the System;\n\n9. “Membership service” shall mean service as a member of the\n\nclassified or nonclassified optional personnel as defined in\n\nparagraphs 3 and 4 of this section;\n\n10. “Creditable service” shall mean membership service plus any\n\nother service authorized under this title;\n\n11. “Annuitant” shall mean any person in receipt of an annuity\n\nas defined in paragraph 15 of this section;\n\n12. “Accumulated contributions” shall mean the sum of all\n\namounts deducted from the compensation of a member and credited to\n\nthe member’s individual account in the Teachers’ Savings Fund,\n\ntogether with applicable interest as of June 30, 1968;\n\n13. “Earnable compensation” shall mean the full rate of the\n\ncompensation that would be payable to a member who worked the full\n\nnormal working time;\n\n14. “Average salary”:\n\na. for those members who joined the System prior to July\n\n1, 1992, shall mean the average of the salaries for\n\nthe three (3) years on which the highest contributions\n\nto the Teachers’ Retirement System of Oklahoma were\n\npaid not to exceed the maximum contribution level\n\nspecified in Section 17-116.2 of this title or the\n\nmaximum compensation level specified in paragraph 25\n\nof this section. Provided, no member shall retire\n\nwith an average salary in excess of Twenty-five\n\nThousand Dollars ($25,000.00) unless the member has\n\nmade the required election and paid the required\n\ncontributions on such salary in excess of Twenty-five\n\nThousand Dollars ($25,000.00), or unless an eligible\n\nmember fulfills the requirements of Section 17-116.2C\n\nof this title in order to have pre-cap removal service\n\nincluded in the retirement benefit computation of the\n\nmember using the regular annual compensation of the\n\nmember for any pre-cap removal year of service so\n\nincluded subject to the maximum average salary amount,\n\nand\n\nb. for those members who join the System after June 30,\n\n1992, shall mean the average of the salaries for five\n\n(5) consecutive years on which the highest\n\ncontributions to the Teachers’ Retirement System of\n\nOklahoma were paid. Only salary on which required\n\ncontributions have been made may be used in computing\n\naverage salary;\n\n15. “Annuity” shall mean a lifetime benefit payable in fixed\n\nmonthly installments;\n\n16. “Retirement allowance” is one-twelfth (1/12) of the annual\n\nretirement benefit which shall be payable monthly;\n\n17. “Retirement Benefit Fund” shall mean the fund from which\n\nall retirement benefits shall be paid based on such mortality tables\n\nas shall be adopted by the Board of Trustees;\n\n18. “Actuary” shall mean a person or firm especially skilled\n\nthrough training and experience in financial calculation respecting\n\nthe expectancy and duration of life;\n\n19. “Actuarial equivalent” shall mean a benefit of equal value\n\nwhen computed upon the basis of such mortality and other tables as\n\nshall be adopted by the Board of Trustees;\n\n20. The masculine pronoun, whenever used, shall include the\n\nfeminine;\n\n21. “Actuarially determined cost” shall mean the single sum\n\nwhich is actuarially equivalent in value to a specified annuity\nancy and duration of life;\n\n19. “Actuarial equivalent” shall mean a benefit of equal value\n\nwhen computed upon the basis of such mortality and other tables as\n\nshall be adopted by the Board of Trustees;\n\n20. The masculine pronoun, whenever used, shall include the\n\nfeminine;\n\n21. “Actuarially determined cost” shall mean the single sum\n\nwhich is actuarially equivalent in value to a specified annuity\n\namount as determined on the basis of mortality and interest\n\nassumptions adopted by the Board of Trustees;\n\n22. “Normal retirement age” means the earliest date upon which:\n\na. a member reaches the age sixty-two (62) with respect\n\nto a member whose first creditable service occurs\n\nprior to November 1, 2011, unless the member reaches a\n\nnormal retirement date pursuant to subparagraph c or\n\nsubparagraph d of this paragraph,\n\nb. a member reaches the age of sixty-five (65) with\n\nrespect to a member whose first creditable service\n\noccurs on or after November 1, 2011, or with respect\n\nto a member whose first creditable service occurs on\n\nor after November 1, 2011, reaches a normal retirement\n\ndate pursuant to subparagraph d of this paragraph\n\nhaving attained a minimum age of sixty (60) years,\n\nc. the age at which the sum of a member’s age and number\n\nof years of creditable service total eighty (80), with\n\nrespect to a member whose first creditable service\n\noccurred prior to July 1, 1992, and who does not reach\n\na normal retirement age pursuant to subparagraph a of\n\nthis paragraph, or\n\nd. the age at which the sum of a member’s age and number\n\nof years of creditable service total ninety (90), with\n\nrespect to a member whose first creditable service\n\noccurred on or after July 1, 1992, but prior to\n\nNovember 1, 2011, if the member does not reach a\n\nnormal retirement age pursuant to subparagraph a of\n\nthis paragraph;\n\n23. “Regular annual compensation” means salary plus fringe\n\nbenefits, excluding the flexible benefit allowance pursuant to\n\nSection 26-105 of this title. For purposes of this definition,\n\nregular annual compensation shall include:\n\na. salary which accrues on a regular basis in proportion\n\nto the service performed including payments for staff\n\ndevelopment,\n\nb. amounts that would otherwise qualify as salary under\n\nsubparagraph a of this paragraph but are not received\n\ndirectly by the member pursuant to a good-faith,\n\nvoluntary written salary reduction agreement in order\n\nto finance payments to a deferred compensation or tax-\n\nsheltered annuity program or to finance benefit\n\noptions under a cafeteria plan qualifying under the\n\nUnited States Internal Revenue Code, 26 U.S.C.,\n\nSection 101 et seq.,\n\nc. group health and disability insurance, group term life\n\ninsurance, annuities, and pension plans, provided on a\n\nperiodic basis to all qualified employees of the\n\nemployer, which qualify as fringe benefits under the\n\nUnited States Internal Revenue Code, and\n\nd. excluded from regular annual compensation are:\n\n(1) expense reimbursement payments,\n\n(2) office, vehicle, housing, or other maintenance\n\nallowances,\n\n(3) the flexible benefit allowance provided pursuant\n\nto Section 26-105 of this title,\n\n(4) payment for unused vacation and sick leave,\n\n(5) any payment made for reason of termination or\n\nretirement not specifically provided for in\n\ndivisions (1) through (3) of this subparagraph,\n\n(6) maintenance or other nonmonetary compensation,\n\n(7) payment received as an independent contractor or\n\nconsultant, pursuant to a lawful contract which\n\ncomplies with the requirements of subsection B of\n\nSection 6-101.2 of this title,\n\n(8) any benefit payments not made pursuant to a valid\n\nemployment agreement,\n\n(9) compensation for clinical related activity\n\nperformed in the University of Oklahoma Health\n\nSciences Center (OUHSC) Professional Practice\n\nPlan or Oklahoma State University Center for\n\nHealth Sciences (OSU-CHS) Professional Practice\n\nPlan, and\nwith the requirements of subsection B of\n\nSection 6-101.2 of this title,\n\n(8) any benefit payments not made pursuant to a valid\n\nemployment agreement,\n\n(9) compensation for clinical related activity\n\nperformed in the University of Oklahoma Health\n\nSciences Center (OUHSC) Professional Practice\n\nPlan or Oklahoma State University Center for\n\nHealth Sciences (OSU-CHS) Professional Practice\n\nPlan, and\n\n(10) any other compensation not described in\n\nsubparagraphs a through c of this paragraph;\n\n24. “Active classroom teacher” means a person employed by a\n\nschool district to teach students specifically identified classes\n\nfor specifically identified subjects during the course of a\n\nsemester, and who holds a valid certificate or license issued by and\n\nin accordance with the rules and regulations of the State Board of\n\nEducation;\n\n25. “Maximum compensation level” shall, except as otherwise\n\nauthorized pursuant to the provisions of Section 17-116.2C of this\n\ntitle, mean:\n\na. Twenty-five Thousand Dollars ($25,000.00) for\n\ncreditable service authorized and performed prior to\n\nJuly 1, 1995, for members not electing a higher\n\nmaximum compensation level,\n\nb. Forty Thousand Dollars ($40,000.00) for creditable\n\nservice authorized and performed prior to July 1,\n\n1995, for members electing a maximum compensation\n\nlevel in excess of Twenty-five Thousand Dollars\n\n($25,000.00),\n\nc. Twenty-seven Thousand Five Hundred Dollars\n\n($27,500.00) for members who, as of June 30, 1995, had\n\nelected to have a maximum compensation level not in\n\nexcess of Twenty-five Thousand Dollars ($25,000.00),\n\nand who were employed by an entity or institution\n\nwithin The Oklahoma State System of Higher Education\n\nfor creditable service authorized and performed on or\n\nafter July 1, 1995, but not later than June 30, 1996,\n\nif such member does not elect a higher maximum\n\ncompensation level for this period as authorized by\n\nSection 17-116.2A of this title,\n\nd. Thirty-two Thousand Five Hundred Dollars ($32,500.00)\n\nfor members employed by a comprehensive university if\n\nthe member meets the requirements imposed by Section\n\n17-116.2A of this title and the member elects to\n\nimpose a higher maximum compensation level for service\n\nperformed on or after July 1, 1995, but not later than\n\nJune 30, 1996,\n\ne. Forty-four Thousand Dollars ($44,000.00) for members\n\nwho, as of June 30, 1995, had elected to have a\n\nmaximum compensation level in excess of Twenty-five\n\nThousand Dollars ($25,000.00), and who were employed\n\nby an entity or institution within The Oklahoma State\n\nSystem of Higher Education for creditable service\n\nauthorized and performed on or after July 1, 1995, but\n\nnot later than June 30, 1996, if such member does not\n\nelect a higher maximum compensation level for this\n\nperiod as authorized by Section 17-116.2A of this\n\ntitle,\n\nf. Forty-nine Thousand Dollars ($49,000.00) for members\n\nemployed by a comprehensive university if the member\n\nmeets the requirements imposed by Section 17-116.2A of\n\nthis title and the member elects to impose a higher\n\nmaximum compensation level for service performed on or\n\nafter July 1, 1995, but not later than June 30, 1996,\n\ng. the following amounts for creditable service\n\nauthorized and performed by members employed by a\n\ncomprehensive university, based upon the election of\n\nthe member in effect as of June 30, 1995:\n\n(1) for members who elected a maximum compensation\n\nlevel not in excess of Twenty-five Thousand\n\nDollars ($25,000.00):\n\n(a) Thirty-two Thousand Five Hundred Dollars\n\n($32,500.00) for service authorized and\n\nperformed on or after July 1, 1996, but not\n\nlater than June 30, 1997,\n\n(b) Thirty-seven Thousand Five Hundred Dollars\n\n($37,500.00) for service authorized and\n\nperformed on or after July 1, 1997, but not\n\nlater than June 30, 1998,\ncompensation\n\nlevel not in excess of Twenty-five Thousand\n\nDollars ($25,000.00):\n\n(a) Thirty-two Thousand Five Hundred Dollars\n\n($32,500.00) for service authorized and\n\nperformed on or after July 1, 1996, but not\n\nlater than June 30, 1997,\n\n(b) Thirty-seven Thousand Five Hundred Dollars\n\n($37,500.00) for service authorized and\n\nperformed on or after July 1, 1997, but not\n\nlater than June 30, 1998,\n\n(c) Forty-two Thousand Five Hundred Dollars\n\n($42,500.00) for service authorized and\n\nperformed on or after July 1, 1998, but not\n\nlater than June 30, 2000,\n\n(d) Forty-seven Thousand Five Hundred Dollars\n\n($47,500.00) for service authorized and\n\nperformed on or after July 1, 2000, but not\n\nlater than June 30, 2001,\n\n(e) Fifty-two Thousand Five Hundred Dollars\n\n($52,500.00) for service authorized and\n\nperformed on or after July 1, 2001, but not\n\nlater than June 30, 2002,\n\n(f) Fifty-seven Thousand Five Hundred Dollars\n\n($57,500.00) for service authorized and\n\nperformed on or after July 1, 2002, but not\n\nlater than June 30, 2003,\n\n(g) Sixty-two Thousand Five Hundred Dollars\n\n($62,500.00) for service authorized and\n\nperformed on or after July 1, 2003, but not\n\nlater than June 30, 2004,\n\n(h) Sixty-seven Thousand Five Hundred Dollars\n\n($67,500.00) for service authorized and\n\nperformed on or after July 1, 2004, but not\n\nlater than June 30, 2005,\n\n(i) Seventy-two Thousand Five Hundred Dollars\n\n($72,500.00) for service authorized and\n\nperformed on or after July 1, 2005, but not\n\nlater than June 30, 2006,\n\n(j) Seventy-seven Thousand Five Hundred Dollars\n\n($77,500.00) for service authorized and\n\nperformed on or after July 1, 2006, but not\n\nlater than June 30, 2007, and\n\n(k) the full amount of regular annual\n\ncompensation for service authorized and\n\nperformed on or after July 1, 2007, and\n\n(2) for members who elected a maximum compensation\n\nlevel in excess of Twenty-five Thousand Dollars\n\n($25,000.00):\n\n(a) Forty-nine Thousand Dollars ($49,000.00) for\n\nservice authorized and performed on or after\n\nJuly 1, 1996, but not later than June 30,\n\n1997,\n\n(b) Fifty-four Thousand Dollars ($54,000.00) for\n\nservice authorized and performed on or after\n\nJuly 1, 1997, but not later than June 30,\n\n1998,\n\n(c) Fifty-nine Thousand Dollars ($59,000.00) for\n\nservice authorized and performed on or after\n\nJuly 1, 1998, but not later than June 30,\n\n2000,\n\n(d) Sixty-four Thousand Dollars ($64,000.00) for\n\nservice authorized and performed on or after\n\nJuly 1, 2000, but not later than June 30,\n\n2001,\n\n(e) Sixty-nine Thousand Dollars ($69,000.00) for\n\nservice authorized and performed on or after\n\nJuly 1, 2001, but not later than June 30,\n\n2002,\n\n(f) Seventy-four Thousand Dollars ($74,000.00)\n\nfor service authorized and performed on or\n\nafter July 1, 2002, but not later than June\n\n30, 2003,\n\n(g) Seventy-nine Thousand Dollars ($79,000.00)\n\nfor service authorized and performed on or\n\nafter July 1, 2003, but not later than June\n\n30, 2004,\n\n(h) Eighty-four Thousand Dollars ($84,000.00)\n\nfor service authorized and performed on or\n\nafter July 1, 2004, but not later than June\n\n30, 2005,\n\n(i) Eighty-nine Thousand Dollars ($89,000.00)\n\nfor service authorized and performed on or\n\nafter July 1, 2005, but not later than June\n\n30, 2006,\n\n(j) Ninety-four Thousand Dollars ($94,000.00)\n\nfor service authorized and performed on or\n\nafter July 1, 2006, but not later than June\n\n30, 2007, and\nafter July 1, 2004, but not later than June\n\n30, 2005,\n\n(i) Eighty-nine Thousand Dollars ($89,000.00)\n\nfor service authorized and performed on or\n\nafter July 1, 2005, but not later than June\n\n30, 2006,\n\n(j) Ninety-four Thousand Dollars ($94,000.00)\n\nfor service authorized and performed on or\n\nafter July 1, 2006, but not later than June\n\n30, 2007, and\n\n(k) the full amount of regular annual\n\ncompensation for service authorized and\n\nperformed on or after July 1, 2007, and\n\nh. the full amount of regular annual compensation of:\n\n(1) a member of the retirement system not employed by\n\nan entity or institution within The Oklahoma\n\nState System of Higher Education for all\n\ncreditable service authorized and performed on or\n\nafter July 1, 1995,\n\n(2) a member of the retirement system first employed\n\non or after July 1, 1995, by an entity or\n\ninstitution within The Oklahoma State System of\n\nHigher Education for all creditable service\n\nauthorized and performed on or after July 1,\n\n1995, but not later than June 30, 1996,\n\n(3) a member of the retirement system employed by an\n\nentity or institution within The Oklahoma State\n\nSystem of Higher Education, other than a\n\ncomprehensive university, if the member elects to\n\nimpose a higher maximum compensation level for\n\nservice performed on or after July 1, 1995, but\n\nnot later than June 30, 1996, pursuant to\n\nsubsection B of Section 17-116.2A of this title,\n\n(4) a member of the retirement system who is first\n\nemployed on or after July 1, 1996, by any entity\n\nor institution within The Oklahoma State System\n\nof Higher Education including a comprehensive\n\nuniversity, for creditable service authorized and\n\nperformed on or after July 1, 1996,\n\n(5) a member of the retirement system who, as of July\n\n1, 1996, is subject to a maximum compensation\n\nlevel pursuant to subparagraph g of this\n\nparagraph if the member terminates service with a\n\ncomprehensive university and is subsequently\n\nreemployed by a comprehensive university,\n\n(6) a member of the retirement system employed by a\n\ncomprehensive university for all service\n\nperformed on and after July 1, 2007, or\n\n(7) an eligible member of the retirement system who\n\nfulfills the requirements of Section 17-116.2C of\n\nthis title with respect to pre-cap removal\n\nservice included in the retirement benefit\n\ncomputation of the member at the average salary\n\nof the member subject to the maximum average\n\nsalary amount; and\n\n26. “Comprehensive university” shall mean:\n\na. the University of Oklahoma and all of its constituent\n\nagencies including the University of Oklahoma Health\n\nSciences Center, the University of Oklahoma Law\n\nCenter, and the Oklahoma Geological Survey, and\n\nb. Oklahoma State University and all of its constituent\n\nagencies including the Oklahoma State University\n\nAgricultural Experiment Station, the Oklahoma State\n\nUniversity Agricultural Extension Division, the\n\nOklahoma State University College of Veterinary\n\nMedicine, the Oklahoma State University Center for\n\nHealth Sciences, the Technical Branch at OSU-Oklahoma\n\nCity, the Oklahoma State University Institute of\n\nTechnology-Okmulgee, and Oklahoma State University-\n\nTulsa.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"19411b312c49275fe464c080c14bd725556f6772311728f93dc4efdd9a4292bc","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-1676","next":"us-ok/okla.-stat.-tit.-70-70-17-101.1"},"notice":"GroundRules: Original legal text. Not legal advice."}