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§ 49-117.3 Transferred credited service--Computation of purchase price

Oklahoma Statutes AnnotatedTitle 11. Cities and Towns

Oklahoma Statutes Annotated
Title 11. Cities and Towns (Refs & Annos)
Chapter 1. Municipal Code (Refs & Annos)
Retirement and Pensions
Article XLIX. Firefighters Pension and Retirement System (Refs & Annos)
11 Okl.St.Ann. § 49-117.3
§ 49-117.3 Transferred credited service--Computation of purchase price
A. The State Board shall adopt rules for computation of the purchase price for transferred credited service. These rules shall base the purchase price for each year purchased on the actuarial cost of the incremental projected benefits to be purchased. The purchase price shall represent the present value of the incremental projected benefits discounted according to the member's age at the time of purchase. Incremental projected benefits shall be the difference between the projected benefit said member would receive without purchasing the transferred credited service and the projected benefit after purchase of the transferred credited service computed as of the earliest age at which the member would be able to retire. Said computation shall assume an unreduced benefit and be computed using interest and mortality assumptions consistent with the actuarial assumptions adopted by the Board of Trustees for purposes of preparing the annual actuarial evaluation.
B. In the event that the member is unable to pay the purchase price provided for in this section by the due date, the State Board shall permit the members to amortize the purchase price over a period not to exceed sixty (60) months. Said payments shall be made by payroll deductions unless the State Board permits an alternate payment source. The amortization shall include interest in an amount not to exceed the actuarially assumed interest rate adopted by the State Board for investment earnings each year. Any member who ceases to make payment, terminates, retires or dies before completing the payments provided for in this section shall receive prorated service credit for only those payments made, unless the unpaid balance is paid by said member, his or her estate or successor in interest within six (6) months after said member's death, termination of employment or retirement, provided no retirement benefits shall be payable until the unpaid balance is paid, unless said member or beneficiary affirmatively waives the additional six-month period in which to pay the unpaid balance. The State Board shall promulgate such rules as are necessary to implement the provisions of this subsection.
C. Members who pay the purchase price by the due date may make payment by:
1. A trustee-to-trustee transfer of non-Roth funds from a Code Section 403(b)1 annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b)2 which is maintained by an eligible employer described in Code Section 457(e)(1)(A), and/or a Code Section 401(a)3 qualified plan; or
2. A direct rollover of tax-deferred funds from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code Section 408(a) or 408(b)4 traditional or conduit Individual Retirement Account or Annuity (IRA). Roth accounts and Coverdell Education Savings Accounts shall not be used to purchase transferred credited service.
The State Board shall promulgate such rules as are necessary to implement the provisions of this subsection.
D. Members amortizing the purchase price and making payments by payroll deduction, shall have the option of making a cash lump-sum payment for the balance of the actuarial purchase price with interest due through the date of payment by:
1. A trustee-to-trustee transfer of non-Roth funds from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), and/or a Code Section 401(a) qualified plan; or
2. A direct rollover of tax-deferred funds from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code Section 408(a) or 408(b) traditional or conduit Individual Retirement Account or Annuity (IRA). Roth accounts and Coverdell Education Savings Accounts shall not be used to purchase transferred credited service.
The State Board shall promulgate such rules as are necessary to implement the provisions of this subsection.

Credits

Laws 1990, c. 340, § 3, eff. July 1, 1990; Laws 1993, c. 322, § 2, emerg. eff. June 7, 1993; Laws 2002, c. 398, § 7, eff. July 1, 2002; Laws 2003, c. 128, § 8, eff. July 1, 2003; Laws 2004, c. 546, § 6, eff. July 1, 2004; Laws 2005, c. 203, § 3, emerg. eff. May 20, 2005; Laws 2016, c. 37, § 2, eff. July 1, 2016.

Footnotes

26 U.S.C.A. § 403.
26 U.S.C.A. § 457.
26 U.S.C.A. § 401.
26 U.S.C.A § 408.
11 Okl. St. Ann. § 49-117.3, OK ST T. 11 § 49-117.3
Current with emergency effective legislation through Chapter 106 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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