{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-17-116.10","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-17-116.10","heading":"Postretirement employment - Eligibility for","body":"continued benefits.\n\nA. Subject to the requirements of Section 6-101.2 of this title\n\nand any other applicable requirements of law, a member may enter\n\ninto postretirement employment with a public school of Oklahoma and\n\nstill receive monthly retirement benefits subject to the following\n\nlimitations:\n\n1. A retired member is not eligible to be employed by the\n\npublic schools of Oklahoma, in any capacity, for sixty (60) calendar\n\ndays between the retiree’s last day of preretirement public\n\neducation employment and any postretirement public education\n\nemployment. For purposes of this section, the term “last day of\n\npreretirement employment” shall mean the last day the employee is\n\nrequired to be physically present on the job to complete the terms\n\nof the employment contract or agreement or the member’s effective\n\nretirement date, whichever is later. An employee on paid leave is\n\nstill considered to be employed for purposes of this section.\n\nEmployment under any conditions during this time, volunteer services\n\nfor the purpose of obtaining a paid position at a later date, or\n\npayment at a later time for services performed during this time\n\nperiod shall cause the forfeiture of all retirement benefits\n\nreceived during the period;\n\n2. For thirty-six (36) months following a member’s effective\n\nretirement date, the retired member shall be subject to earnings\n\nlimitations on allowable earnings. Earnings limits are determined\n\nannually based on a calendar year. For retired members under the\n\nage of sixty-two (62) years, allowed earnings from the public\n\nschools of Oklahoma for employment for the performance of duties\n\nordinarily performed by classified or nonclassified optional\n\npersonnel shall be limited to one-half (1/2) of the member’s final\n\naverage salary used in computing retirement benefits or the earnings\n\nlimit allowed by the Social Security Administration for those under\n\nSocial Security’s normal retirement age, whichever is less. For\n\nretired members sixty-two (62) years of age or older, allowed\n\nearnings from the public schools of Oklahoma for the performance of\n\nduties ordinarily performed by classified or nonclassified personnel\n\nshall be limited to Thirty Thousand Dollars ($30,000.00) or one-half\n\n(1/2) of the member’s final average salary used in computing\n\nretirement benefits, whichever is less. For purposes of this\n\nparagraph, the following shall apply:\n\na. earnings shall mean regular annual compensation as\n\ndefined in paragraph 23 of Section 17-101 of this\n\ntitle, and shall include any payment by a public\n\nschool for services rendered by a retired member who\n\nis employed for any purpose whatsoever. Supplemental\n\nretirement payments paid by a former public school\n\nemployer pursuant to subsection N of Section 17-105 of\n\nthis title or other state law shall not be considered\n\nas earnings,\n\nb. the earnings limit for the calendar year in which a\n\nmember retires shall be one-twelfth (1/12) of the\n\nannual limit multiplied by the number of months the\n\nmember is eligible to work and receive payments from\n\nthe public schools of Oklahoma, and\n\nc. earnings in excess of the maximum limit on allowed\n\nearnings from public schools of Oklahoma shall result\n\nin a loss of retirement benefits of One Dollar ($1.00)\n\nfor each One Dollar ($1.00) earned over the maximum\n\nallowed earnings amount;\n\n3. Notwithstanding paragraph 2 of this subsection, for a period\n\nof three (3) years beginning July 1, 2017, members who have retired\n\nas of July 1, 2017, as active classroom teachers, who have been\n\nretired and receiving a benefit for at least one (1) year, and who\n\nhave not been employed by any public school during that one-year\n\nperiod, shall be eligible to be reemployed as an active classroom\n\nteacher in common or career tech school districts, with no\n\nlimitations on earnings. For a period of three (3) years beginning\netired\n\nas of July 1, 2017, as active classroom teachers, who have been\n\nretired and receiving a benefit for at least one (1) year, and who\n\nhave not been employed by any public school during that one-year\n\nperiod, shall be eligible to be reemployed as an active classroom\n\nteacher in common or career tech school districts, with no\n\nlimitations on earnings. For a period of three (3) years beginning\n\nJuly 1, 2021, members who have retired as of July 1, 2020, who have\n\nbeen retired and receiving a benefit for at least one (1) year, and\n\nwho have not been employed by any public school during that one-year\n\nperiod, shall be eligible to be reemployed as an active classroom\n\nteacher in common or career tech school districts, with no\n\nlimitations on earnings. The one-year period starts with the\n\nretiree’s last day of preretirement public education employment.\n\nMembers returning under this section shall not be subject to any\n\nearnings limitations following the end of the three-year periods\n\ndescribed in this paragraph. Members returning under this section\n\nshall only be employed pursuant to a temporary contract; and\n\n4. A member shall be considered to be employed by a school\n\ndistrict to perform the duties ordinarily performed by classified or\n\nnonclassified optional personnel if the member is hired by the\n\nschool district in the member’s individual capacity to perform the\n\nduties or if the member performs the duties through employment with\n\na proprietorship, partnership, corporation, limited liability\n\ncompany or partnership, or any other business structure that has\n\nagreed or contracted to provide the services to the school district.\n\nB. A public school district that employs a retired member shall\n\nbe required to make contributions to the System for the retired\n\nmember in an amount as required in Section 17-108.1 and in paragraph\n\n3 of subsection B of Section 17-116.2 of this title.\n\nC. For purposes of this section, postretirement employment of\n\nless than one thousand (1,000) hours per year with the Governor, the\n\nOklahoma State Senate, the Oklahoma House of Representatives or the\n\nLegislative Service Bureau shall not be considered as postretirement\n\nemployment with a public school of Oklahoma.\n\nD. The Board of Trustees of the Teachers’ Retirement System of\n\nOklahoma shall promulgate such rules as are necessary to implement\n\nthe provisions of this section.\n\nE. A member who has entered into postretirement employment with\n\na participating employer of the Teachers’ Retirement System of\n\nOklahoma must fully comply with all the provisions of the rules\n\npromulgated by the Board of Trustees pursuant to this section in\n\norder to continue receiving the member’s monthly retirement benefit.","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":"fb2885a992f222e5f682624d795d5ebb604194195c4f4b6df2f14b12534bcea4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-17-116.1","next":"us-ok/okla.-stat.-tit.-70-70-17-116.12"},"notice":"GroundRules: Original legal text. Not legal advice."}