2021 Oklahoma Statutes
Title 70. Schools
§70-17-103. Membership.

Except as provided in the Alternate Retirement Plan for Comprehensive Universities Act, the membership of the retirement system shall consist of the following:

A. All classified personnel shall become members of the retirement system as a condition of their employment;

B. For the period from August 2, 1969, to the effective date of this act, all full-time nonclassified optional personnel regularly employed for more than one (1) year may join the Teachers' Retirement System of Oklahoma subject to the rules and regulations adopted pursuant to the Teachers' Retirement System. On or after the effective date of this act, all nonclassified optional personnel regularly employed for twenty (20) hours or more per week may join the System upon hiring, subject to the provisions of subsection C of this section and the rules and regulations adopted by the System pursuant to this act.

C. 1. A nonclassified optional employee shall have thirty (30) days from the initial date of hire to make a one-time irrevocable written election to opt out of participation in the System. If an eligible employee fails to make an election within the thirty-day period, the eligible employee shall be deemed to participate in the System.

2. If an eligible employee elects to opt out of participation in the System, the employee shall not make any required employee contributions to the System and his or her employer shall not make any required employer contributions to the System.

3. If an eligible nonclassified optional employee elects to participate in the System, the employee shall make employee contributions to the System pursuant to Section 17-116.2 of this title and the employer shall make employer contributions to the System pursuant to Section 17-108.1 of this title. Nothing in this paragraph shall be construed to prohibit the employer from making the contribution of the employee to the System on behalf of the employee.

4. A nonclassified optional employee who opts out of participation in the System shall be ineligible for future participation in the System; provided, however, that if the employee is hired for a classified position, he or she shall become a member of the System pursuant to subsection A of this section but shall not be eligible for prior service credit for service performed while employed in a nonclassified position during which the employee opted out of participation in the System.

5. Any nonclassified optional employee employed on the effective date of this act shall make an irrevocable written election to participate in or opt out of the System pursuant to paragraph 1 of this subsection. If the employee fails to make an election within thirty (30) days from the effective date of this act, the employee shall be deemed to participate in the System, subject to the provisions of paragraph 3 of this subsection.

D. The Board of Trustees may, in its discretion, deny the right to become members to any class of members whose compensation is only partly paid by the state, or who is serving on a temporary or other than per annum basis, and it also may, in its discretion, make optional with members in any such class their individual entrance into the retirement system.

E. Should any member, with less than ten (10) years of teaching service in Oklahoma, in any period of six (6) consecutive years after becoming a member be absent from service more than five (5) years, withdraw his or her contributions, retire or die, he or she shall thereupon cease to be a member. The provisions of this paragraph shall not apply to any member of the Teachers' Retirement System who has been a member of such classes of military services as may be approved by the Board of Trustees, until a period of one and one-half (1 1/2) years from date of termination of such service shall have elapsed.

F. Effective November 1, 2019, a retired member of the Teachers' Retirement System who becomes employed by the State Department of Education for the first time on or after November 1, 2019, shall have the option to remain a member of the Teachers' Retirement System subject to any applicable limitations placed on retired members returning to work or may choose to participate in the Oklahoma Public Employees Retirement System as an active member.

Added by Laws 1969, c. 157, § 3, operative Aug. 2, 1969. Amended by Laws 1970, c. 176, § 2, operative Aug. 2, 1970; Laws 1976, c. 252, § 4, operative July 1, 1976; Laws 1978, c. 238, § 3, eff. July 1, 1978; Laws 1985, c. 180, § 2, eff. July 1, 1985; Laws 1986, c. 283, § 1, operative July 1, 1986; Laws 1990, c. 340, § 27, eff. July 1, 1990; Laws 2001, c. 336, § 1, eff. July 1, 2001; Laws 2003, c. 326, § 1, eff. July 1, 2003; Laws 2004, c. 385, § 10, eff. July 1, 2004; Laws 2010, c. 357, § 1, eff. July 1, 2010; Laws 2019, c. 141, § 1, eff. Nov. 1, 2019; Laws 2021, c. 437, § 1, eff. July 1, 2021.

NOTE: Sections 17-101 through 17-119 of this title were designated Article XVII of the Oklahoma School Code by Laws 1971, c. 281, § 24-122, eff. July 2, 1971.