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§47-2-305.2.
§47-2-305.2.
A. In lieu of terminating employment and accepting a service
retirement pension pursuant to Section 2-305 of Title 47 of the
Oklahoma Statutes, any member of the Oklahoma Law Enforcement
Retirement System who has not less than twenty (20) years of
creditable service and who is eligible to receive a service retirement
pension may elect to participate in the Oklahoma Law Enforcement
Deferred Option Plan and defer the receipts of benefits in accordance
with the provisions of this section.
B. For purposes of this section, creditable service shall include
service credit reciprocally recognized pursuant to Sections 2-300
through 2-305.1 of Title 47 of the Oklahoma Statutes but for
eligibility purposes only.
C. The duration of participation in the Oklahoma Law Enforcement
Deferred Option Plan for a member shall not exceed five (5) years. At
the conclusion of a member's participation in the Oklahoma Law
Enforcement Deferred Option Plan, the member shall terminate
employment with all state law enforcement agencies as an officer, and
shall start receiving the member's accrued monthly retirement benefit
from the System.
D. When a member begins participation in the Oklahoma Law Enforcement
Deferred Option Plan, the contribution of the employee shall cease.
The employer contributions shall continue to be paid in accordance
with Section 2-304 of Title 47 of the Oklahoma Statutes. Employer
contributions for employees who elect the Oklahoma Law Enforcement
Deferred Option Plan shall be credited equally to the Oklahoma Law
Enforcement Retirement System and to the Oklahoma Law Enforcement
Deferred Option Plan. The monthly retirement benefits that would have
been payable had the member elected to cease employment and receive a
service retirement shall be paid into the Oklahoma Law Enforcement
Deferred Option Plan account.
E. 1. A member who participates in this plan shall be eligible to
receive cost of living increases.
2. A member who participates in this plan shall earn interest at a
rate of two percentage points below the rate of return of the
investment portfolio of the System, but no less than the actuarial
assumed interest rate as certified by the actuary in the yearly
evaluation report of the actuary. The interest shall be credited to
the individual account balance of the member on an annual basis.
F. A participant in the Oklahoma Law Enforcement Deferred Option Plan
shall receive, at the option of the participant:
1. A lump sum payment from the account equal to the option account
balance of the participant, payable to the participant;
2. A lump sum payment from the account equal to the option account
balance of the participant, payable to the annuity provider which
shall be selected by the participant as a result of the research and
investigation of the participant; or
3. Any other method of payment if approved by the Board.
G. If the participant dies during the period of participation in the
Oklahoma Law Enforcement Deferred Option Plan, a lump sum payment
equal to the account balance of the participant shall be paid in
accordance with Section 2-306.3 of Title 47 of the Oklahoma Statutes.
H. The Oklahoma Law Enforcement Deferred Option Plan shall not be
implemented until October 1, 1990, or when the Board obtains a ruling
from the Internal Revenue Service which affirmatively states that said
plan shall be treated as a qualified plan for federal income tax
purposes, which ever comes last.
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