{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-913","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-913","heading":"Crediting of prior and participating service - Transfer of","body":"service credits from Teachers' Retirement System of Oklahoma.\n\nA. Prior service shall be credited as follows:\n\n1. A member shall receive full credit for employment with any\n\nparticipating employer prior to the entry date of his or her\n\nemployer whether or not continuous and whether or not he or she was\n\nemployed with a participating employer on such entry date, provided\n\nthat any member who has retired before the passage of Section 901 et\n\nseq. of this title, shall not receive retirement benefits\n\nretroactively for such prior service. Provided, that at such time\n\nthat an employer becomes a participating employer on or after\n\nJanuary 1, 1965, and before January 1, 1975, each member and each\n\nretirant, upon making proper written application therefor, shall\n\nreceive prior service credit for service with such employer in the\n\nsame manner as if such participating employer had been a\n\nparticipating employer on the date first eligible to become a\n\nparticipating employer; and increased benefits attributable to such\n\nincreased prior service credit shall commence with the next monthly\n\nbenefit payment due following receipt and approval of such\n\napplication by the Board of Trustees. No prior service shall be\n\ngranted, however, for periods of service in which the employee made\n\ncontributions which he or she subsequently withdrew, unless he or\n\nshe has complied with the provisions of subsection (5) of Section\n\n917 of this title. The burden of proof regarding prior service\n\nshall be with the member and shall be documented in such manner as\n\nthe Board may direct;\n\n2. Any member who was employed in an institution of higher\n\nlearning by a State Board of Regents or who was employed by an\n\nOklahoma school district prior to July 1, 1943, may receive prior\n\nservice credit under Section 901 et seq. of this title for the\n\nperiod of time they were so employed;\n\n3. Any member who served in the Armed Forces of the United\n\nStates, as defined in paragraph (23) of Section 902 of this title,\n\nprior to membership in the Oklahoma Public Employees Retirement\n\nSystem shall be granted prior service credit, not to exceed five (5)\n\nyears, for those periods of active military service during which he\n\nor she was a war veteran. For a member of the System hired on or\n\nafter July 1, 2003, if the military service credit authorized by\n\nthis paragraph is used to compute the retirement benefit of the\n\nmember and the member retires from the System, such military service\n\ncredit shall not be used to compute the retirement benefit in any\n\nother retirement system created pursuant to the Oklahoma Statutes\n\nand the member may receive credit for such service only in the\n\nretirement system from which the member first retires;\n\n4. An elective state, county, city or town official who is\n\nineligible for membership as a result of any applicable state law or\n\nconstitutional provision making him or her ineligible solely because\n\nof his or her being such an official at the time of his or her\n\neligibility for membership at the time his or her employer becomes a\n\nparticipating employer shall nevertheless not forfeit the prior\n\nservice credit to which he or she would be entitled except for such\n\nineligibility, provided that he or she either:\n\na. becomes an employee of a participating employer within\n\nfour (4) calendar months of the expiration of his or\n\nher term of office current at the time of his or her\n\neligibility except for his or her being an elective\n\nstate or county official,\n\nb. within a period of four (4) years after the expiration\n\nof his or her term of office current at the time of\n\nhis or her eligibility except for his or her being an\n\nelective state or county official, is elected as a\n\nstate or county official and thereupon becomes a\n\nmember of the System, or\n\nc. has completed ten (10) years of credited service as of\na period of four (4) years after the expiration\n\nof his or her term of office current at the time of\n\nhis or her eligibility except for his or her being an\n\nelective state or county official, is elected as a\n\nstate or county official and thereupon becomes a\n\nmember of the System, or\n\nc. has completed ten (10) years of credited service as of\n\nthe date of his or her eligibility for membership\n\nexcept for his or her being an elective state or\n\ncounty official;\n\n5. Beginning July 1, 1965, all employees of the Department of\n\nHuman Services shall participate in the Oklahoma Public Employees\n\nRetirement System to the same extent as other employees of\n\nparticipating employers in such System. Provided, that any employee\n\nperforming teaching services in the Oklahoma School for the Deaf or\n\nthe Oklahoma School for the Blind may elect to participate in the\n\nTeachers’ Retirement System of Oklahoma in lieu of the Oklahoma\n\nPublic Employees Retirement System; and any other employee at each\n\nsuch institution or any other institution under the jurisdiction of\n\nthe Department of Human Services, participating in the Teachers’\n\nRetirement System of Oklahoma, may elect to continue to participate\n\nin such System in lieu of the Oklahoma Public Employees Retirement\n\nSystem. All employees who shall have participated in the Teachers’\n\nRetirement System of Oklahoma and not continuing therein shall have\n\nthe right to withdraw their membership from the Teachers’ Retirement\n\nSystem of Oklahoma on the same terms as other members withdrawing\n\nfrom such System before retirement. Provided, all persons employed\n\nat the Oklahoma School for the Blind and Oklahoma School for the\n\nDeaf on June 30, 1965, who became subject to the Oklahoma Public\n\nEmployees Retirement System, on July 1, 1965, shall receive credit\n\nfor prior service and be eligible for participation, regardless of\n\nage;\n\n6. A member employed as a temporary employee by the Legislative\n\nService Bureau or its predecessors, the Senate or the House of\n\nRepresentatives for the full duration of a regular legislative\n\nsession prior to the member’s eligibility for membership in the\n\nSystem shall receive six (6) months of prior service credit for each\n\nsuch full regular legislative session if the employee is employed by\n\nthe Legislative Service Bureau or its predecessors, the Senate or\n\nthe House of Representatives as either a full-time or temporary\n\nemployee for a minimum of six (6) full regular legislative sessions\n\nbeginning January 1, 1983. For purposes of this subsection, the\n\ndetermination of whether an employee is employed for the full\n\nduration of a regular legislative session shall be made by the\n\nLegislative Service Bureau if such employee is employed by the\n\nLegislative Service Bureau, the Senate if such employee is employed\n\nby the Senate, or by the House of Representatives if such employee\n\nis employed by the House of Representatives;\n\n7. A member of the System shall receive prior service credit\n\nfor any years of service after January 1, 1975, the member had with\n\na participating employer if the member is not receiving or eligible\n\nto receive such prior service credit for the same time in any other\n\nstate or county retirement system authorized by law. To receive the\n\nservice credit, the member shall pay the amount determined by the\n\nBoard pursuant to Section 913.5 of this title; and\n\n8. Any member who is a state employee and receives temporary\n\ntotal disability benefits during the period of absence with a\n\nparticipating employer due to a work-related injury or illness\n\nincurred while engaged in a governmental function for the\n\nparticipating employer pursuant to the Administrative Workers’\n\nCompensation Act shall receive credit for participating service\n\nduring such period of absence subject to the following requirements:\n\na. the member was employed by the participating employer\nod of absence with a\n\nparticipating employer due to a work-related injury or illness\n\nincurred while engaged in a governmental function for the\n\nparticipating employer pursuant to the Administrative Workers’\n\nCompensation Act shall receive credit for participating service\n\nduring such period of absence subject to the following requirements:\n\na. the member was employed by the participating employer\n\nimmediately prior to and during the period of absence,\n\nb. the member must notify the System in writing not later\n\nthan four (4) months after the member’s return to his\n\nor her job duties with the participating employer, or\n\ntermination of employment with the participating\n\nemployer, or termination of the temporary total\n\ndisability benefits, whichever is earlier, of the\n\nmember’s desire to receive participating service\n\ncredit for the period of absence,\n\nc. the participating employer must certify to the System\n\nin writing the dates during which temporary total\n\ndisability benefits payments were paid to the member,\n\nand\n\nd. the member and the participating employer shall each\n\npay their respective contributions required for the\n\nperiod of absence without interest within sixty (60)\n\ndays of invoicing by the System, or with interest of\n\nseven and one-half percent (7 1/2%) compounded\n\nannually if paid after the sixty (60) days.\n\nB. Participating service shall be credited as follows:\n\n1. A member shall receive credit for participating service with\n\na participating employer in accordance with the rules and\n\nregulations established by the Board; provided, however, that a\n\nmember who is not a full-time employee shall receive prorated credit\n\nfor actual hours worked;\n\n2. Leaves of absence shall not count as a break in continuous\n\nemployment provided the member leaves his or her accumulated\n\ncontribution on deposit with the fund; however, the leaves of\n\nabsence shall not be credited except that involuntary furloughs\n\nestablished by Office of Management and Enterprise Services rules,\n\ninvoluntary furloughs of employees of a district attorney conducted\n\nin substantial compliance with the rules of the Office of Management\n\nand Enterprise Services as certified by the District Attorneys\n\nCouncil, involuntary furloughs of employees pursuant to a furlough\n\nplan adopted by the President Pro Tempore of the Senate or the\n\nSpeaker of the House of Representatives as authorized in Section\n\n840-5.1 of this title and involuntary furloughs of employees\n\nauthorized by the Oklahoma Supreme Court shall be credited;\n\n3. Any member who has served in the Armed Forces of the United\n\nStates, as defined in paragraph (23) of Section 902 of this title,\n\nshall be granted participating service for those periods of active\n\nmilitary service during which he or she was a war veteran provided\n\nthis service is immediately preceded by a period of employment with\n\na participating employer and is followed by return to employment as\n\nan employee with the same or another participating employer within\n\nninety (90) days immediately following discharge from such military\n\nservice provided the member leaves his or her accumulated\n\ncontributions on deposit with the fund. Provided, on or after the\n\neffective date of this act, service granted under this section and\n\nservice purchased under Section 913.8 of this title shall not exceed\n\nfive (5) years;\n\n4. A period of total disability under the System immediately\n\nfollowed by employment with a participating employer, shall not\n\ncount as a break in continuous employment; provided, that such\n\nperiods while not employed shall not be credited except that\n\ninvoluntary furloughs established by Office of Management and\n\nEnterprise Services Rule 6.13, shall be credited;\n\n5. Termination of employment with a participating employer\n\nfollowed by employment with the same or another participating\n\nemployer within four (4) calendar months shall not constitute a\nuous employment; provided, that such\n\nperiods while not employed shall not be credited except that\n\ninvoluntary furloughs established by Office of Management and\n\nEnterprise Services Rule 6.13, shall be credited;\n\n5. Termination of employment with a participating employer\n\nfollowed by employment with the same or another participating\n\nemployer within four (4) calendar months shall not constitute a\n\nbreak in continuous employment; provided, that such period while not\n\nemployed shall not be credited as participating service;\n\n6. Provided, however, that all employee contributions required\n\nby Section 901 et seq. of this title made by employees prior to June\n\n30, 1977, will entitle the employee to additional years of\n\nparticipating service in accordance with the following schedule.\n\nEmployee accumulated contributions:\n\nMore than $1.00 up to $500 = 1 year participating service\n\nMore than $500 up to $1,000 = 2 years participating service\n\nMore than $1,000 up to $1,500 = 3 years participating service\n\nMore than $1,500 up to $2,000 = 4 years participating service\n\nMore than $2,000 = 5 years participating service\n\nIn no event shall the employee be entitled to more than five (5)\n\nadditional years of participating service as provided hereunder.\n\nProvided further, that upon termination of employment prior to\n\nretirement, the accumulated contributions will be credited as above\n\nindicated to establish a vested benefit if so elected by any such\n\nemployee; and\n\n7. a. The total participating service credit of a member who\n\nretires or terminates employment and elects a vested\n\nbenefit shall include not to exceed one hundred thirty\n\n(130) days of unused sick leave accumulated subsequent\n\nto August 1, 1959, during the member’s employment with\n\nany participating employer. Such credit shall be\n\nadded in terms of whole months. Twenty (20) days of\n\nunused sick leave shall equal one (1) month for\n\npurposes of participating service credit. If unused\n\nsick leave entitles a member to an additional year of\n\nservice credit, the member’s employer shall reimburse\n\nthe System for the cost of funding the additional\n\nbenefit. For members who join the System on or after\n\nNovember 1, 2012, if unused sick leave entitles a\n\nmember to any additional service credit, the member’s\n\nemployer shall reimburse the System for the cost of\n\nfunding the additional benefit. Each participating\n\nemployer shall provide the System with adequate and\n\ntimely information necessary to determine additional\n\nbenefits and its cost under this paragraph. This\n\nsubparagraph shall apply to members retiring or\n\nvesting on or after July 1, 1984.\n\nb. For members who join the System on or after November\n\n1, 2012, unused sick leave as set forth in\n\nsubparagraph a of this paragraph shall be credited at\n\nthe same rate but not used to round up to another\n\nyear. Instead, any additional months of unused sick\n\nleave credit shall be added to other service credit\n\nwithout rounding.\n\nC. In determining the number of years of credited service, a\n\nfractional year of six (6) months or more shall be considered as one\n12, unused sick leave as set forth in\n\nsubparagraph a of this paragraph shall be credited at\n\nthe same rate but not used to round up to another\n\nyear. Instead, any additional months of unused sick\n\nleave credit shall be added to other service credit\n\nwithout rounding.\n\nC. In determining the number of years of credited service, a\n\nfractional year of six (6) months or more shall be considered as one\n\n(1) year, and less than six (6) months shall be disregarded. For\n\nmembers who join the System on or after November 1, 2012, the number\n\nof years of credited service shall be based on actual years and full\n\nmonths of credited service without rounding up or down.\n\nD. A member may receive credit for those years of credited\n\nservice accumulated by the member while a member of the Oklahoma\n\nFirefighters Pension and Retirement System, the Oklahoma Police\n\nPension and Retirement System, the Uniform Retirement System for\n\nJustices and Judges, the Oklahoma Law Enforcement Retirement System,\n\nor the Teachers’ Retirement System of Oklahoma, if the member is not\n\nreceiving or eligible to receive retirement credit or benefits from\n\nsuch service in any other public retirement system. To receive the\n\nservice credit, the member shall pay the amount determined by the\n\nBoard pursuant to Section 913.5 of this title.\n\nE. A member may receive credit for those years of service\n\naccumulated by the member as an elected official if the member is\n\nnot receiving or eligible to receive retirement credit or benefits\n\nfrom such service in any public retirement system. Prior to January\n\n1, 1991, to receive the service credit, the member shall pay to the\n\nBoard for each year of service purchased pursuant to this subsection\n\na sum equal to the employee and employer contribution rate that\n\nwould have been applicable to the member as determined by the Board\n\nand interest not to exceed five percent (5%), and effective January\n\n1, 1991, to receive the service credit, the member shall pay the\n\namount determined by the Board pursuant to Section 913.5 of this\n\ntitle.\n\nF. Effective December 12, 1994, and thereafter, a leave of\n\nabsence on account of a period of qualified military service in the\n\nuniformed services of the United States within the meaning of\n\nSection 414(u)(5) of the federal Internal Revenue Code, followed by\n\na return to employment with the participating employer within ninety\n\n(90) days after completion of the period of service may be eligible\n\nfor credited service under this System. Notwithstanding any\n\nprovision of this plan to the contrary, contributions, benefits and\n\nservice credit with respect to qualified military service will be\n\nallowed in accordance with Section 414(u) of the federal Internal\n\nRevenue Code.\n\nG. 1. An active member of the Oklahoma Public Employees\n\nRetirement System may receive credit for those years of service\n\naccumulated by the member while a member of the Teachers’ Retirement\n\nSystem of Oklahoma if:\n\na. the member is an active member of the Oklahoma Public\n\nEmployees Retirement System,\n\nb. the member provides notice to the Teachers’ Retirement\n\nSystem of Oklahoma and the Oklahoma Public Employees\n\nRetirement System of the member’s election to transfer\n\nsuch retirement credit. The notice shall include a\n\nlist of the years to be transferred, and\n\nc. the member is not receiving or eligible to receive\n\nretirement credit or benefits from such service in any\n\nother public retirement system, notwithstanding the\n\nyears of service sought to be transferred under this\n\nsubsection.\n\nMembers electing to take advantage of the transfer authorized by\n\nthis subsection who are receiving or eligible to receive retirement\n\ncredit or benefits from such service in any other public retirement\n\nsystem shall have all service credit with the Teachers’ Retirement\n\nSystem of Oklahoma canceled which is not transferred to the Oklahoma\nf service sought to be transferred under this\n\nsubsection.\n\nMembers electing to take advantage of the transfer authorized by\n\nthis subsection who are receiving or eligible to receive retirement\n\ncredit or benefits from such service in any other public retirement\n\nsystem shall have all service credit with the Teachers’ Retirement\n\nSystem of Oklahoma canceled which is not transferred to the Oklahoma\n\nPublic Employees Retirement System or used as a cash offset in such\n\na transfer pursuant to subparagraph d of paragraph 2 of this\n\nsubsection. Service credit transferred to the Teachers’ Retirement\n\nSystem of Oklahoma under this subsection shall also be canceled with\n\nthe Oklahoma Public Employees Retirement System.\n\n2. For purposes of this subsection, the “sending system” shall\n\nmean the Teachers’ Retirement System of Oklahoma. The “receiving\n\nsystem” shall mean the Oklahoma Public Employees Retirement System.\n\na. Within thirty (30) days after notification of an\n\nintent to transfer is received by the sending system,\n\nthe sending system shall, according to its own rules\n\nand regulations:\n\n(1) for members who have vested with the sending\n\nsystem, determine the present value of the\n\nmember’s earned benefits attributable to the\n\nyears of service sought to be transferred,\n\ndiscounted according to the member’s age at the\n\ntime of transfer and computed as of the earliest\n\nage at which the member would be able to retire.\n\nSuch computation shall assume an unreduced\n\nbenefit and be computed using interest and\n\nmortality assumptions consistent with the\n\nactuarial assumptions adopted by the Board of\n\nTrustees for purposes of preparing the annual\n\nactuarial evaluation but shall not make any\n\nprojections regarding future salary. For vested\n\nemployees the sending system shall use the\n\nproduct of this calculation for purposes of\n\ndetermining the transfer fee to be paid by the\n\nemployee under subparagraph c of this paragraph\n\nso long as it is greater than the product of the\n\ncalculation in this division, and\n\n(2) determine the sum of the employee and employer\n\ncontributions applicable to the years of service\n\nsought to be transferred plus interest consistent\n\nwith the actuarial assumptions adopted by the\n\nBoard of Trustees for purposes of preparing the\n\nannual actuarial evaluation. For all nonvested\n\nmembers, and for vested members if the product of\n\nthis calculation is greater than the product of\n\nthe calculation in division (1) of this\n\nsubparagraph, the sending system shall use the\n\nproduct of this calculation for purposes of\n\ndetermining the amount to be transferred by the\n\nsending system under subparagraph c of this\n\nparagraph and any transfer fee to be paid by the\n\nmembers under subparagraph d of this paragraph.\n\nb. Within thirty (30) days after notification of an\n\nintent to transfer is received by the receiving\n\nsystem, the receiving system shall determine,\n\naccording to the system’s own rules and regulations,\n\nthe present value of the member’s incremental\n\nprojected benefits discounted according to the\n\nmember’s age at the time of the transfer. Incremental\n\nprojected benefits shall be the difference between the\n\nprojected benefit the member would receive without\n\ntransferring the service credit and the projected\n\nbenefit after transfer of service credit computed as\n\nof the earliest age at which the member would be able\n\nto retire. Such computation shall assume an unreduced\n\nbenefit and be computed using interest, salary\n\nprojections and mortality assumptions consistent with\n\nthe actuarial assumptions adopted by the Board of\n\nTrustees for purposes of preparing the annual\n\nactuarial evaluation.\n\nc. The sending system shall, within sixty (60) days from\n\nthe date notification of an intent to transfer is\n\nreceived by the sending system, transfer to the\n\nreceiving system the amount determined in subparagraph\nst, salary\n\nprojections and mortality assumptions consistent with\n\nthe actuarial assumptions adopted by the Board of\n\nTrustees for purposes of preparing the annual\n\nactuarial evaluation.\n\nc. The sending system shall, within sixty (60) days from\n\nthe date notification of an intent to transfer is\n\nreceived by the sending system, transfer to the\n\nreceiving system the amount determined in subparagraph\n\na of this paragraph. Except, if the cost under\n\nsubparagraph a of this paragraph for the same years of\n\nservice to the sending system is greater than the\n\nactuarial value of the incremental benefit in the\n\nreceiving system, as established in subparagraph b of\n\nthis paragraph, the sending system shall send the\n\nreceiving system an amount equal to the actuarial\n\nvalue of the incremental projected benefit in the\n\nreceiving system.\n\nd. In order to receive the credit provided for in\n\nparagraph 1 of this subsection, if the cost of the\n\nactuarial value of the incremental benefit to the\n\nreceiving system is greater than the cost as\n\ncalculated under subparagraph a of this paragraph for\n\nthe same years of service to the sending system as\n\nestablished in subparagraphs a and b of this\n\nparagraph, the employee shall elect to:\n\n(1) pay any difference to receive full credit for the\n\nyears sought to be transferred, or\n\n(2) receive prorated service credit for only the\n\namount received from the Teachers’ Retirement\n\nSystem of Oklahoma pursuant to this subsection.\n\nSuch an election shall be made in writing, filed with\n\nthe System prior to receiving the credit provided for\n\nin paragraph 1 of this subsection, and shall be\n\nirrevocable.\n\n3. Within sixty (60) days of successfully completing all of the\n\nrequirements for transfer under this subsection, the sending system\n\nshall pay the receiving system any amount due under this subsection.\n\nWithin sixty (60) days of successfully completing all of the\n\nrequirements for transfer under this subsection, the member shall\n\npay the receiving system any amount due under this subsection. In\n\nthe event that the member is unable to pay the transfer fee provided\n\nfor in this subsection by the due date, the Board of Trustees of the\n\nreceiving system shall permit the member to amortize the transfer\n\nfee over a period not to exceed sixty (60) months. The payments\n\nshall be made by payroll deductions unless the Board of Trustees\n\npermits an alternate payment source. The amortization shall include\n\ninterest in an amount not to exceed the actuarially assumed interest\n\nrate adopted by the Board of Trustees for investment earnings each\n\nyear. Any member who ceases to make payment, terminates, retires or\n\ndies before completing the payments provided for in this section\n\nshall receive prorated service credit for only those payments made,\n\nunless the unpaid balance is paid by the member, his or her estate\n\nor successor in interest within six (6) months after the member’s\n\ndeath, termination of employment or retirement; provided, no\n\nretirement benefits shall be payable until the unpaid balance is\n\npaid, unless said member or beneficiary affirmatively waives the\n\nadditional six-month period in which to pay the unpaid balance.\n\n4. Years of service transferred pursuant to this subsection\n\nshall be used both in determining the member’s retirement benefit\n\nand in determining the years of service for retirement and/or\n\nvesting purposes. Years of service rendered as a member of the\n\nTeachers’ Retirement System of Oklahoma prior to July 1, 1992, if\n\nany, shall be deemed to be years of service rendered as a member of\n\nthe Oklahoma Public Employees Retirement System prior to July 1,\n\n1992, and shall qualify such person as a member of the Oklahoma\n\nPublic Employees Retirement System before July 1, 1992.\n\n5. Notwithstanding the requirements of Section 17-104 of Title\n\n70 of the Oklahoma Statutes, members electing to take advantage of\n1, 1992, if\n\nany, shall be deemed to be years of service rendered as a member of\n\nthe Oklahoma Public Employees Retirement System prior to July 1,\n\n1992, and shall qualify such person as a member of the Oklahoma\n\nPublic Employees Retirement System before July 1, 1992.\n\n5. Notwithstanding the requirements of Section 17-104 of Title\n\n70 of the Oklahoma Statutes, members electing to take advantage of\n\nthe transfer authorized by this subsection who have withdrawn their\n\ncontributions from the sending system shall remit to the sending\n\nsystem the amount of the accumulated contributions the member has\n\nwithdrawn plus simple interest of ten percent (10%) per annum prior\n\nto making such election or the election shall be deemed invalid and\n\nthe transfer shall be canceled. If such an election is deemed\n\ninvalid and the transfer is canceled, the accumulated contribution\n\nremitted to the sending system by the member who originally withdrew\n\ntheir contributions shall be returned to the member. The member’s\n\nrights and obligations regarding any service credit reestablished in\n\nthe sending system due to a failure to satisfy the requirements of\n\nthis subsection shall be determined by the sending system in\n\naccordance with Section 17-101 et seq. of Title 70 of the Oklahoma\n\nStatutes.\n\n6. If any member fails for any reason to satisfy the\n\nrequirements of this subsection, the election to transfer retirement\n\ncredit shall be void and of no effect, and any retirement credited\n\nas a result of this transfer shall be canceled. If such retirement\n\ncredit is canceled, the years of canceled retirement credit which\n\nwere unsuccessfully transferred to the receiving system from the\n\nsending system shall be reestablished in the sending system. The\n\nmember’s rights and obligations regarding any retirement credit\n\nreestablished in the sending system due to a failure to satisfy the\n\nrequirements of this subsection shall be determined by the sending\n\nsystem in accordance with Section 17-101 et seq. of Title 70 of the\n\nOklahoma Statutes.\n\n7. The Board of Trustees shall promulgate such rules as are\n\nnecessary to implement the provisions of this subsection.\n\nH. 1. A member of the Teachers’ Retirement System of Oklahoma\n\nwhose last service with the Teachers’ Retirement System of Oklahoma\n\nwas with an entity or institution within The Oklahoma State System\n\nof Higher Education, State Board of Education, State Board of Career\n\nand Technology Education, Oklahoma Department of Career and\n\nTechnology Education, Oklahoma School of Science and Mathematics,\n\nOklahoma Center for the Advancement of Science and Technology, State\n\nDepartment of Rehabilitation Services, Oklahoma State Regents for\n\nHigher Education, Department of Corrections, State Department of\n\nEducation, Oklahoma Board of Private Vocational Schools, Board of\n\nRegents of Oklahoma Colleges, Oklahoma Student Loan Authority, or\n\nthe Teachers’ Retirement System of Oklahoma, may elect to receive\n\ncredit for those years of service accumulated by the member in the\n\nTeachers’ Retirement System of Oklahoma, pursuant to this\n\nsubsection. A member shall be eligible to elect to transfer credit\n\nfor such years of service from the Teachers’ Retirement System of\n\nOklahoma to the Oklahoma Public Employees Retirement System if:\n\na. the member is an active member of the Oklahoma Public\n\nEmployees Retirement System,\n\nb. the member provides notice to the Teachers’ Retirement\n\nSystem of Oklahoma and the Oklahoma Public Employees\n\nRetirement System of the member’s election to transfer\n\nsuch retirement credit. The notice shall include a\n\nlist of the years to be transferred, and\n\nc. the member is not receiving or eligible to receive\n\nretirement credit or benefits from such service in any\n\nother public retirement system, notwithstanding the\n\nyears of service sought to be transferred under this\n\nsubsection.\n\nMembers electing to take advantage of the transfer authorized by\ntransfer\n\nsuch retirement credit. The notice shall include a\n\nlist of the years to be transferred, and\n\nc. the member is not receiving or eligible to receive\n\nretirement credit or benefits from such service in any\n\nother public retirement system, notwithstanding the\n\nyears of service sought to be transferred under this\n\nsubsection.\n\nMembers electing to take advantage of the transfer authorized by\n\nthis subsection shall have all service credit with the Teachers’\n\nRetirement System of Oklahoma canceled which is transferred to the\n\nOklahoma Public Employees Retirement System.\n\n2. For purposes of this subsection, the “sending system” shall\n\nmean the Teachers’ Retirement System of Oklahoma. The “receiving\n\nsystem” shall mean the Oklahoma Public Employees Retirement System.\n\nWithin thirty (30) days after notification of an intent to transfer\n\nis received by the sending system, the sending system shall,\n\naccording to its own rules, send to the receiving system all\n\nemployer and employee contributions made on behalf of the member\n\nwhich were made to the sending system plus an additional amount of\n\nearnings based on the actuarial assumed rate of the sending system.\n\nUpon receipt of these contributions by the receiving system, the\n\nreceiving system shall give credit to the transferring member in an\n\namount equal to the years of service accrued in the sending system.\n\n3. If the transferring member’s normal retirement date\n\ncalculation is based upon the sum of the member’s age and number of\n\nyears of credited service totaling eighty (80) in the sending\n\nsystem, then the member shall retain such calculation in the\n\nreceiving system.\n\n4. The Board of Trustees shall promulgate such rules as are\n\nnecessary to implement the provisions of this subsection.\n\nI. A member of the System in the employment of the Governor,\n\nthe Senate or the House of Representatives, on or after July 1,\n\n1999, may make an election prior to December 31, 2000, which shall\n\nbe irrevocable and on a form prescribed for such purpose by the\n\nSystem, to continue participation in the System upon becoming\n\nemployed by a participating employer of the Teachers’ Retirement\n\nSystem of Oklahoma. The Board shall promulgate all rules necessary\n\nto implement the provisions of this subsection.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0ddc1cb6e9844cb24741a68db1d139c8b17b39ae543885f59064b1bd07d667d1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-912.1","next":"us-ok/okla.-stat.-tit.-74-74-913.1"},"notice":"GroundRules: Original legal text. Not legal advice."}