Calculation of post-retirement. A. Any Justice or Judge of the Supreme Court, Court of Criminal Appeals, Workers' Compensation Court, Court of Appeals or District Court who serves as Justice or judge of any of said courts in the State of Oklahoma shall be a member of The Uniform Retirement System for Justices and Judges. For members whose initial service as a member of the System began prior to January 1, 2012, such member who serves for a period of eight (8) years or longer and upon reaching or passing the age of sixty-five (65) years, or who serves for a period of ten (10) years or longer and upon reaching or passing the age of sixty (60) years, or whose sum of years of service and age equal or exceeds eighty (80), after completing eight (8) years of judicial service, shall be eligible to receive the retirement benefits herein provided. For members whose initial service as a member of the System began on or after January 1, 2012, such member who serves for a period of eight (8) years or longer and upon reaching or passing the age of sixty-seven (67) years or who serves for a period of ten (10) years or longer and upon reaching or passing the age of sixty-two (62) years shall be eligible to receive the retirement benefits herein provided. In determining the periods of time above mentioned a major fraction of a year shall count as a whole year. If such Justice or judge is still serving in such capacity when the above requirements are complied with, the Justice or judge may elect to retire and may elect whether such retirement shall become effective immediately or at a specified time within the term of the Justice or judge or at the expiration of the term of the Justice or judge. The Justice or judge shall file a written declaration with the System and the Court Administrator of his or her desire to retire. The Court Administrator shall notify the Governor within five (5) business days of receiving the Notice of Retirement. B. Upon filing of an election by any Justice or judge to retire as authorized by Section 1101 et seq. of this title, the office held by such Justice or judge shall become vacated immediately or at the specified time within the term of the Justice or judge, or at the expiration of the term of the Justice or judge in accordance with the election of the Justice or judge desiring retirement status. Any such vacancy so created shall be filled in the manner provided by law and the Constitution. C. If any retired member of the System should be elected or appointed to any judicial or other office covered by the System, the retirement compensation of the retired member shall be suspended during the period of time that the retired member holds such office and be reinstated upon leaving such office. Notwithstanding any other provision of this section or any other provision of law to the contrary, a retired Justice or judge shall be permitted to be employed by any college or university within The Oklahoma State System of Higher Education as a full-time or part-time member of the faculty or as a teacher in any common school or career and technology education entity without suspension of retirement benefits. D. Any participating employer who is employing such a retiree as described in subsection C of this section shall make proper written notification to the System informing it of the beginning date of such retiree's employment. Any retiree returning to work for a participating employer shall make contributions to the System and the employer shall do likewise. All retirees who have returned to employment and participation in the System following retirement shall have post-retirement benefits calculated on one of the following methods: 1. All service accumulated from date of reemployment shall be computed based on the benefit formula applicable at that time, and the additional benefits shall be added to the previous benefits. Such additional benefits shall be calculated each year based upon additional service accrued from July 1 to June 30 of the previous year and the additional benefits, if any, will be added to the retiree's monthly benefit beginning January 1 of the year after the retiree terminates the post-retirement employment and begins to receive a benefit. However, the post-retirement service credit shall be cumulative, beginning with service credit accrued after the date of retirement, provided that the retiree has not received a distribution of the post-retirement contributions. All post- retirement additional benefits shall be calculated using actual hours worked as well as the actual compensation received and upon which contributions are paid. Post-retirement service is not subject to the partial year round-up provisions of subsection A of this section, and only full years of service will result in an increase in a retiree's benefit. 2. Any retiree who returns to employment with a participating employer for a minimum period of thirty-six (36) consecutive months, shall have all service accumulated from date of reemployment counted as participating service. For purposes of determining the retirement benefits of such a member upon the termination of such reemployment, all creditable service of the member shall be computed based on the benefit formula applicable at the time of termination of such reemployment. A retiree who is not reemployed for the full thirty-six (36) consecutive months shall upon termination of such reemployment have only the additional amount added to his or her benefit. 3. The provisions of this section shall not be applicable to Section 1104B of this title. Added by Laws 1968, c. 128, § 2. Amended by Laws 1969, c. 328, § 1, emerg. eff. May 7, 1969; Laws 1970, c. 219, § 1, emerg. eff. April 15, 1970; Laws 1988, c. 267, § 18, operative July 1, 1988; Laws 1992, c. 376, § 3, eff. July 1, 1992; Laws 1994, c. 351, § 4, eff. July 1, 1994; Laws 1998, c. 419, § 3, eff. July 1, 1998; Laws 2002, c. 438, § 1, eff. July 1, 2002; Laws 2005, c. 464, § 1, eff. Sept. 1, 2005; Laws 2010, c. 435, § 4, eff. July 1, 2010; Laws 2011, c. 190, § 1, eff. Jan. 1, 2012; Laws 2017, c. 94, § 1, eff. Nov. 1, 2017.
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