{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-913.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-913.4","heading":"Elected officials - Election to participate in plan -","body":"Computation factor - Benefits.\n\nA. 1. Except as otherwise provided in this subsection, an\n\nelected official may elect to participate in the System and if he or\n\nshe elects to do so shall have the option of participating at any\n\none of the computation factors set forth in paragraph 3 or 4 of this\n\nsubsection and will receive retirement benefits in accordance with\n\nthe computation factor chosen. The election on participation in the\n\nSystem must be in writing, must specify the computation factor\n\nchosen, and must be filed with the System within ninety (90) days\n\nafter the elected official takes office. The election to\n\nparticipate and the election of a computation factor shall be\n\nirrevocable. Reelection to the same office will not permit new\n\nelections. Failure of an elected official to file such election\n\nform within the ninety-day period shall be deemed an irrevocable\n\nelection to participate in the System at the maximum computation\n\nfactor.\n\n2. Contributions and benefits will be based upon the elected\n\nofficial's annual compensation as defined in Section 902 of this\n\ntitle. Employer and elected official contributions shall be\n\nremitted at least monthly, or as the Board may otherwise provide, to\n\nthe System for deposit in the Oklahoma Public Employees Retirement\n\nFund. Effective July 1, 1994, and thereafter, the participating\n\nemployer shall contribute as provided in Section 920 of this title.\n\n3. Except as provided in paragraph 4 of this subsection,\n\neffective July 1, 1994, the computation factor selected and the\n\ncorresponding elected official contribution rate shall be as\n\nfollows:\n\nElected official Computation Alternate\n\nContribution Rate Factor Formula\n\n4.5% 1.9% $12.50\n\n6% 2.5% $20.00\n\n7.5% 3.0% $25.00\n\n8.5% 3.4% $27.50\n\n9% 3.6% $30.00\n\n10% 4.0% $40.00\n\n4. Elected officials who are first elected or appointed to an\n\nelected office on or after November 1, 2010, shall elect a\n\ncomputation factor of either 1.9% or 4%. The elected official\n\ncontribution rate for the 1.9% computation factor is currently 4.5%\n\nand the contribution rate for the 4% computation factor is currently\n\n10%. All other computation factors and contribution rates set forth\n\nin paragraph 3 of this subsection shall not be available to any\n\nperson first elected or appointed to an elected office on or after\n\nNovember 1, 2010.\n\n5. The contribution rate for elected officials who are first\n\nelected or appointed to an elected office on or after November 1,\n\n2011, shall be in the amount specified in paragraph (a) of\n\nsubsection (1) of Section 919.1 of this title. The amount of the\n\nretirement benefit for elected officials who are first elected or\n\nappointed to an elected office on or after November 1, 2011, shall\n\nbe based on the provisions of paragraph (1) of subsection A of\n\nSection 915 of this title.\n\n6. The computation factors and corresponding elected official\n\ncontribution rates provided for in paragraphs 3 and 4 of this\n\nsubsection shall be based on the entire compensation as an elected\n\nofficial subject to the definition and maximum compensation levels\n\nas set forth in paragraph (9) of Section 902 of this title.\n\n7. Elected officials who are first elected or appointed on or\n\nafter November 1, 2011, shall also be eligible to make the election\n\nof an alternate multiplier and contribution rate pursuant to\n\nparagraph 2 of subsection A of Section 915 of this title.\n\n8. A statewide elected official or legislator whose first\n\nservice as an elected official occurs on or after November 1, 2015,\n\nshall become a participant in the defined contribution system\n\ncreated by Sections 935.1 through 935.11 of this title and such\n\nelected official shall not accrue any service credit in the defined\n\nbenefit plan of the Oklahoma Public Employees Retirement System\n\ncreated pursuant to Section 901 et seq. of this title.\nr whose first\n\nservice as an elected official occurs on or after November 1, 2015,\n\nshall become a participant in the defined contribution system\n\ncreated by Sections 935.1 through 935.11 of this title and such\n\nelected official shall not accrue any service credit in the defined\n\nbenefit plan of the Oklahoma Public Employees Retirement System\n\ncreated pursuant to Section 901 et seq. of this title.\n\n9. Notwithstanding the provisions of paragraph 8 of this\n\nsubsection, a statewide elected official or legislator who is first\n\nelected or appointed on or after November 1, 2018, and who has\n\nparticipating service in the defined benefit plan prior to November\n\n1, 2015, shall be a member of the defined benefit plan.\n\nB. The normal retirement date for an elected official shall be\n\nthe first day of the month coinciding with or following the\n\nofficial's sixtieth birthday or the first day of the month\n\ncoinciding with or following the date at which the sum of the\n\nelected official's age and number of years of credited service total\n\neighty (80). The normal retirement date for an elected official\n\nfirst elected or appointed to an elected office on or after November\n\n1, 2011, shall be the first day of the month coinciding with or\n\nfollowing the official's sixty-fifth birthday or the date upon which\n\nthe elected or appointed official attains the age of sixty-two (62)\n\nand who has at least ten (10) years of elected or appointed service.\n\nAny elected official first elected or appointed to an elected office\n\nbefore November 1, 2011, who has a minimum of ten (10) years'\n\nparticipating service may retire under the early retirement\n\nprovisions of this act, including those electing a vested benefit\n\nand shall receive an adjustment of annual benefits in accordance\n\nwith the following percentage schedule:\n\nPercentage of Normal\n\nAge Retirement Benefits\n\n60 100%\n\n59 94%\n\n58 88%\n\n57 82%\n\n56 76%\n\n55 70%\n\nAny elected official first elected or appointed to an elected\n\noffice on or after November 1, 2011, who has a minimum of ten (10)\n\nyears' elected or appointed service may retire under the early\n\nretirement provisions of this act, including those electing a vested\n\nbenefit and shall receive an adjustment of annual benefits in\n\naccordance with the following percentage schedule:\n\nPercentage of Normal\n\nAge Retirement Benefits\n\n62 100%\n\n61 93.33%\n\n60 86.67%\n\nC. 1. Any elected official shall receive annual benefits\n\ncomputed based upon the computation factor selected multiplied by\n\nthe member's highest annual compensation received as an elected\n\nofficial prior to retirement or termination of employment multiplied\n\nby the number of years of credited service. No elected official\n\nshall retire using such highest annual compensation unless the\n\nelected official has made the required election and has paid the\n\nrequired contributions on such salary.\n\n2. The retirement benefit may be computed pursuant to the\n\nprovisions of paragraph (1) of subsection A of Section 915 of this\n\ntitle if the benefit would be higher. Elected officials who have a\n\nvested benefit prior to July 1, 1980, may elect to receive annual\n\nbenefits based on the alternate formula provided above. Such annual\n\nbenefits shall be paid in equal monthly installments.\n\n3. Elected officials who become members of the Oklahoma Public\n\nEmployees Retirement System on or after August 22, 2008, will\n\nreceive retirement benefits in accordance with the computation\n\nfactor selected pursuant to subsection A of this section multiplied\n\nby the member's highest annual compensation received as an elected\n\nofficial and only for those years of credited service the member\n\nserved as an elected official. If such elected official has\n\nparticipating service as a nonelected member, then such nonelected\n\nservice shall be computed separately pursuant to the provisions of\n\nparagraph (1) of subsection A of Section 915 of this title with the\nby the member's highest annual compensation received as an elected\n\nofficial and only for those years of credited service the member\n\nserved as an elected official. If such elected official has\n\nparticipating service as a nonelected member, then such nonelected\n\nservice shall be computed separately pursuant to the provisions of\n\nparagraph (1) of subsection A of Section 915 of this title with the\n\nfinal benefit result added to the final benefit result for elected\n\nservice. In no event shall the elected official be entitled to\n\napply the computation factor selected pursuant to subsection A of\n\nthis section or the compensation received as an elected official to\n\nthe computation of nonelected service.\n\n4. Elected officials who are first elected or appointed to an\n\nelected office on or after August 22, 2008, may not receive a\n\nmaximum benefit greater than their single highest annual\n\ncompensation received as a member of the Oklahoma Public Employees\n\nRetirement System.\n\nD. Any elected official making an election to participate at a\n\ncomputation factor less than the maximum and later selecting a\n\nhigher computation factor shall contribute to the System a sum equal\n\nto the amount which the elected official would have contributed if\n\nthe elected official had made such election at the time the elected\n\nofficial first became eligible, plus interest as determined by the\n\nBoard, in order to receive the additional benefits for all service\n\nas an elected official; otherwise, the additional benefits shall be\n\napplicable only to service for which the elected official pays the\n\nappropriate percent of contributions to the System.\n\nE. The surviving spouse of a deceased elected official who was\n\nfirst elected or appointed to an elected office before November 1,\n\n2011, and who has at least six (6) years of participating service\n\nand the surviving spouse of a deceased elected official who was\n\nfirst elected or appointed to an elected office on or after November\n\n1, 2011, and who has at least eight (8) years of participating\n\nservice shall be entitled to receive survivor benefits in the amount\n\nherein prescribed, if married to the decedent continuously for a\n\nperiod of at least three (3) years immediately preceding the elected\n\nofficial's death. Provided the elected official had met the service\n\nrequirements, survivor benefits shall be payable when the deceased\n\nmember would have met the requirements for normal or early\n\nretirement. The amount of the benefits the surviving spouse may\n\nreceive shall be fifty percent (50%) of the amount of benefits the\n\ndeceased elected official was receiving or will be eligible to\n\nreceive. Elected officials may elect a retirement option as\n\nprovided in Section 918 of this title in lieu of the survivors\n\nbenefit provided above.\n\nF. Any elected official who served in the Armed Forces of the\n\nUnited States, as defined in paragraph (23) of Section 902 of this\n\ntitle, prior to membership in the Oklahoma Public Employees\n\nRetirement System shall be granted credited service of not to exceed\n\nfive (5) years for those periods of active military service during\n\nwhich the elected official was a war veteran.\n\nG. Anyone appointed or elected to an elected position after\n\nJuly 1, 1990, shall not be eligible to receive benefits as provided\n\nin this section until such person has participated as an elected\n\nofficial for six (6) years. Anyone appointed or elected to an\n\nelected position on or after November 1, 2011, shall not be eligible\n\nto receive benefits as provided in this section until such person\n\nhas participated as an elected official for eight (8) years.\n\nH. Elected officials who terminate participation in the System\n\nand who have a minimum of six (6) years of participating service\n\nshall be entitled to elect a vested benefit and shall be entitled to\n\nthe retirement options as provided in Section 918 of this title in\nble\n\nto receive benefits as provided in this section until such person\n\nhas participated as an elected official for eight (8) years.\n\nH. Elected officials who terminate participation in the System\n\nand who have a minimum of six (6) years of participating service\n\nshall be entitled to elect a vested benefit and shall be entitled to\n\nthe retirement options as provided in Section 918 of this title in\n\nlieu of the survivors benefit provided in subsection E of this\n\nsection. Elected officials, first elected or appointed to an\n\nelected office on or after November 1, 2011, who terminate\n\nparticipation in the System and who have a minimum of eight (8)\n\nyears of participating service shall be entitled to elect a vested\n\nbenefit and shall be entitled to retirement options as provided in\n\nSection 918 of this title in lieu of the survivors benefits provided\n\nin subsection E of this section.\n\nI. 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 or more shall be disregarded.\n\nFor members who joined the System on or after November 1, 2011, the\n\nnumber of years of credited service shall be based on actual years\n\nand months of credited service without rounding up or down.","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":"7cbf30bb68371aff4680738e48cd6a68baab634bace8e907d2523e3cc4b1e36f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-913.2","next":"us-ok/okla.-stat.-tit.-74-74-913.5"},"notice":"GroundRules: Original legal text. Not legal advice."}