Okla. Stat. tit. 70, § 70-17-116.10
This is the official text of Okla. Stat. tit. 70, § 70-17-116.10, part of Oklahoma’s Stat. tit. 70, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 70,." Browse the sections below, each linked to its official government source.
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Postretirement employment - Eligibility for
Official statutory text
continued benefits.
A. Subject to the requirements of Section 6-101.2 of this title
and any other applicable requirements of law, a member may enter
into postretirement employment with a public school of Oklahoma and
still receive monthly retirement benefits subject to the following
limitations:
1. A retired member is not eligible to be employed by the
public schools of Oklahoma, in any capacity, for sixty (60) calendar
days between the retiree’s last day of preretirement public
education employment and any postretirement public education
employment. For purposes of this section, the term “last day of
preretirement employment” shall mean the last day the employee is
Oklahoma Statutes - Title 70. Schools Page 793
required to be physically present on the job to complete the terms
of the employment contract or agreement or the member’s effective
retirement date, whichever is later. An employee on paid leave is
still considered to be employed for purposes of this section.
Employment under any conditions during this time, volunteer services
for the purpose of obtaining a paid position at a later date, or
payment at a later time for services performed during this time
period shall cause the forfeiture of all retirement benefits
received during the period;
2. For thirty-six (36) months following a member’s effective
retirement date, the retired member shall be subject to earnings
limitations on allowable earnings. Earnings limits are determined
annually based on a calendar year. For retired members under the
age of sixty-two (62) years, allowed earnings from the public
schools of Oklahoma for employment for the performance of duties
ordinarily performed by classified or nonclassified optional
personnel shall be limited to one-half (1/2) of the member’s final
average salary used in computing retirement benefits or the earnings
limit allowed by the Social Security Administration for those under
Social Security’s normal retirement age, whichever is less. For
retired members sixty-two (62) years of age or older, allowed
earnings from the public schools of Oklahoma for the performance of
duties ordinarily performed by classified or nonclassified personnel
shall be limited to Thirty Thousand Dollars ($30,000.00) or one-half
(1/2) of the member’s final average salary used in computing
retirement benefits, whichever is less. For purposes of this
paragraph, the following shall apply:
a. earnings shall mean regular annual compensation as
defined in paragraph 23 of Section 17-101 of this
title, and shall include any payment by a public
school for services rendered by a retired member who
is employed for any purpose whatsoever. Supplemental
retirement payments paid by a former public school
employer pursuant to subsection N of Section 17-105 of
this title or other state law shall not be considered
as earnings,
b. the earnings limit for the calendar year in which a
member retires shall be one-twelfth (1/12) of the
annual limit multiplied by the number of months the
member is eligible to work and receive payments from
the public schools of Oklahoma, and
c. earnings in excess of the maximum limit on allowed
earnings from public schools of Oklahoma shall result
in a loss of retirement benefits of One Dollar ($1.00)
for each One Dollar ($1.00) earned over the maximum
allowed earnings amount;
Oklahoma Statutes - Title 70. Schools Page 794
3. Notwithstanding paragraph 2 of this subsection, for a period
of three (3) years beginning July 1, 2017, members who have retired
as of July 1, 2017, as active classroom teachers, who have been
retired and receiving a benefit for at least one (1) year, and who
have not been employed by any public school during that one-year
period, shall be eligible to be reemployed as an active classroom
teacher in common or career tech school districts, with no
limitations on earnings. For a period of three (3) years beginning
etired
as of July 1, 2017, as active classroom teachers, who have been
retired and receiving a benefit for at least one (1) year, and who
have not been employed by any public school during that one-year
period, shall be eligible to be reemployed as an active classroom
teacher in common or career tech school districts, with no
limitations on earnings. For a period of three (3) years beginning
July 1, 2021, members who have retired as of July 1, 2020, who have
been retired and receiving a benefit for at least one (1) year, and
who have not been employed by any public school during that one-year
period, shall be eligible to be reemployed as an active classroom
teacher in common or career tech school districts, with no
limitations on earnings. The one-year period starts with the
retiree’s last day of preretirement public education employment.
Members returning under this section shall not be subject to any
earnings limitations following the end of the three-year periods
described in this paragraph. Members returning under this section
shall only be employed pursuant to a temporary contract; and
4. A member shall be considered to be employed by a school
district to perform the duties ordinarily performed by classified or
nonclassified optional personnel if the member is hired by the
school district in the member’s individual capacity to perform the
duties or if the member performs the duties through employment with
a proprietorship, partnership, corporation, limited liability
company or partnership, or any other business structure that has
agreed or contracted to provide the services to the school district.
B. A public school district that employs a retired member shall
be required to make contributions to the System for the retired
member in an amount as required in Section 17-108.1 and in paragraph
3 of subsection B of Section 17-116.2 of this title.
C. For purposes of this section, postretirement employment of
less than one thousand (1,000) hours per year with the Governor, the
Oklahoma State Senate, the Oklahoma House of Representatives or the
Legislative Service Bureau shall not be considered as postretirement
employment with a public school of Oklahoma.
D. The Board of Trustees of the Teachers’ Retirement System of
Oklahoma shall promulgate such rules as are necessary to implement
the provisions of this section.
E. A member who has entered into postretirement employment with
a participating employer of the Teachers’ Retirement System of
Oklahoma must fully comply with all the provisions of the rules
promulgated by the Board of Trustees pursuant to this section in
order to continue receiving the member’s monthly retirement benefit.
A. Subject to the requirements of Section 6-101.2 of this title
and any other applicable requirements of law, a member may enter
into postretirement employment with a public school of Oklahoma and
still receive monthly retirement benefits subject to the following
limitations:
1. A retired member is not eligible to be employed by the
public schools of Oklahoma, in any capacity, for sixty (60) calendar
days between the retiree’s last day of preretirement public
education employment and any postretirement public education
employment. For purposes of this section, the term “last day of
preretirement employment” shall mean the last day the employee is
Oklahoma Statutes - Title 70. Schools Page 793
required to be physically present on the job to complete the terms
of the employment contract or agreement or the member’s effective
retirement date, whichever is later. An employee on paid leave is
still considered to be employed for purposes of this section.
Employment under any conditions during this time, volunteer services
for the purpose of obtaining a paid position at a later date, or
payment at a later time for services performed during this time
period shall cause the forfeiture of all retirement benefits
received during the period;
2. For thirty-six (36) months following a member’s effective
retirement date, the retired member shall be subject to earnings
limitations on allowable earnings. Earnings limits are determined
annually based on a calendar year. For retired members under the
age of sixty-two (62) years, allowed earnings from the public
schools of Oklahoma for employment for the performance of duties
ordinarily performed by classified or nonclassified optional
personnel shall be limited to one-half (1/2) of the member’s final
average salary used in computing retirement benefits or the earnings
limit allowed by the Social Security Administration for those under
Social Security’s normal retirement age, whichever is less. For
retired members sixty-two (62) years of age or older, allowed
earnings from the public schools of Oklahoma for the performance of
duties ordinarily performed by classified or nonclassified personnel
shall be limited to Thirty Thousand Dollars ($30,000.00) or one-half
(1/2) of the member’s final average salary used in computing
retirement benefits, whichever is less. For purposes of this
paragraph, the following shall apply:
a. earnings shall mean regular annual compensation as
defined in paragraph 23 of Section 17-101 of this
title, and shall include any payment by a public
school for services rendered by a retired member who
is employed for any purpose whatsoever. Supplemental
retirement payments paid by a former public school
employer pursuant to subsection N of Section 17-105 of
this title or other state law shall not be considered
as earnings,
b. the earnings limit for the calendar year in which a
member retires shall be one-twelfth (1/12) of the
annual limit multiplied by the number of months the
member is eligible to work and receive payments from
the public schools of Oklahoma, and
c. earnings in excess of the maximum limit on allowed
earnings from public schools of Oklahoma shall result
in a loss of retirement benefits of One Dollar ($1.00)
for each One Dollar ($1.00) earned over the maximum
allowed earnings amount;
Oklahoma Statutes - Title 70. Schools Page 794
3. Notwithstanding paragraph 2 of this subsection, for a period
of three (3) years beginning July 1, 2017, members who have retired
as of July 1, 2017, as active classroom teachers, who have been
retired and receiving a benefit for at least one (1) year, and who
have not been employed by any public school during that one-year
period, shall be eligible to be reemployed as an active classroom
teacher in common or career tech school districts, with no
limitations on earnings. For a period of three (3) years beginning
etired
as of July 1, 2017, as active classroom teachers, who have been
retired and receiving a benefit for at least one (1) year, and who
have not been employed by any public school during that one-year
period, shall be eligible to be reemployed as an active classroom
teacher in common or career tech school districts, with no
limitations on earnings. For a period of three (3) years beginning
July 1, 2021, members who have retired as of July 1, 2020, who have
been retired and receiving a benefit for at least one (1) year, and
who have not been employed by any public school during that one-year
period, shall be eligible to be reemployed as an active classroom
teacher in common or career tech school districts, with no
limitations on earnings. The one-year period starts with the
retiree’s last day of preretirement public education employment.
Members returning under this section shall not be subject to any
earnings limitations following the end of the three-year periods
described in this paragraph. Members returning under this section
shall only be employed pursuant to a temporary contract; and
4. A member shall be considered to be employed by a school
district to perform the duties ordinarily performed by classified or
nonclassified optional personnel if the member is hired by the
school district in the member’s individual capacity to perform the
duties or if the member performs the duties through employment with
a proprietorship, partnership, corporation, limited liability
company or partnership, or any other business structure that has
agreed or contracted to provide the services to the school district.
B. A public school district that employs a retired member shall
be required to make contributions to the System for the retired
member in an amount as required in Section 17-108.1 and in paragraph
3 of subsection B of Section 17-116.2 of this title.
C. For purposes of this section, postretirement employment of
less than one thousand (1,000) hours per year with the Governor, the
Oklahoma State Senate, the Oklahoma House of Representatives or the
Legislative Service Bureau shall not be considered as postretirement
employment with a public school of Oklahoma.
D. The Board of Trustees of the Teachers’ Retirement System of
Oklahoma shall promulgate such rules as are necessary to implement
the provisions of this section.
E. A member who has entered into postretirement employment with
a participating employer of the Teachers’ Retirement System of
Oklahoma must fully comply with all the provisions of the rules
promulgated by the Board of Trustees pursuant to this section in
order to continue receiving the member’s monthly retirement benefit.
Status: in_force · Read it on the official government site
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