Oklahoma Code § 47-2-305.4

Title 47. Motor Vehicles: Limitations on benefits and contributions under
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qualified plans of the Internal Revenue Code of 1986.
A.  For limitation years prior to July 1, 2007, the limitations
of Section 415 of the Internal Revenue Code of 1986, as amended,
shall be computed in accordance with the applicable provisions of
the System in effect at that time and, to the extent applicable,
Revenue Ruling 98-1 and Revenue Ruling 2001-51, except as provided
herein.  Notwithstanding any other provision contained herein to the
contrary, the benefits payable to a member from the Oklahoma Law
Enforcement Retirement System provided by employer contributions
(including contributions picked up by the employer under Section
414(h) of the Internal Revenue Code of 1986, as amended), shall be
subject to the limitations of Section 415 of the Internal Revenue
Code of 1986, as amended, in accordance with the provisions of this
section and subsequent guidance.  The limitations of this section
shall apply in limitation years beginning on or after July 1, 2007,
except as otherwise provided herein.
B.  Except as provided herein, effective for limitation years
ending after December 31, 2001, any accrued retirement benefit
payable to a member as an annual benefit as described herein shall
not exceed One Hundred Sixty Thousand Dollars ($160,000.00),
automatically adjusted under Section 415(d) of the Internal Revenue
Code of 1986, as amended, for increases in the cost of living, as
prescribed by the Secretary of the Treasury or the Secretary's
delegate, effective January 1 of each calendar year and applicable
to the limitation year ending with or within such calendar year.
The automatic annual adjustment of the dollar limitation in this
subsection under Section 415(d) of the Internal Revenue Code of
1986, as amended, shall apply to a member who has had a severance
from employment.
1.  The member's annual benefit is a benefit that is payable
annually in the form of a straight life annuity.  Except as provided
herein, where a benefit is payable in a form other than a straight
life annuity, the benefit shall be adjusted to an actuarially
equivalent straight life annuity that begins at the same time as
such other form of benefit and is payable on the first day of each
month, before applying the limitations of this section.  For a
member who has or will have distributions commencing at more than
one annuity starting date, the annual benefit shall be determined as
of each such annuity starting date (and shall satisfy the
limitations of this section as of each such date), actuarially
adjusting for past and future distributions of benefits commencing
at the other annuity starting dates.  For this purpose, the
determination of whether a new starting date has occurred shall be
made without regard to Section 1.401(a)-20, Q&A 10(d), and with
regard to Section 1.415(b)-1(b)(1)(iii)(B) and (C) of the Income Tax
Regulations.

2.  No actuarial adjustment to the benefit shall be made for:
a. survivor benefits payable to a surviving spouse under
a qualified joint and survivor annuity to the extent
such benefits would not be payable if the member's
benefit were paid in another form,
b. benefits that are not directly related to retirement
benefits (such as a qualified disability benefit,
preretirement incidental death benefits) and
postretirement medical benefits, or
c. the inclusion in the form of benefit of an automatic
benefit increase feature, provided, the form of
benefit is not subject to Section 417(e)(3) of the
Internal Revenue Code of 1986, as amended, and would
otherwise satisfy the limitations of this section, and
the System provides that the amount payable under the
form of benefit in any limitation year shall not
exceed the limits of this section applicable at the
annuity starting date, as increased in subsequent
years pursuant to Section 415(d) of the Internal
Revenue Code of 1986, as amended.  For this purpose,
an automatic benefit increase feature is included in a
form of benefit if the form of benefit provides for
automatic, periodic increases to the benefits paid in
that form.
3.  The determination of the annual benefit shall take into
account Social Security supplements described in Section 411(a)(9)
of the Internal Revenue Code of 1986, as amended, and benefits
transferred from another defined benefit plan, other than transfers
of distributable benefits pursuant to Section 1.411(d)-4, Q&A-3(c),
of the Income Tax Regulations, but shall disregard benefits
attributable to employee contributions or rollover contributions.
4.  Effective for distributions in plan years beginning after
December 31, 2003, the determination of actuarial equivalence of
forms of benefit other than a straight life annuity shall be made in
accordance with paragraph 5 or paragraph 6 of this subsection.
5.  Benefit Forms Not Subject to Section 417(e)(3) of the
Internal Revenue Code of 1986, as amended:  The straight life
annuity that is actuarially equivalent to the member's form of
benefit shall be determined under this paragraph 5 if the form of
the member's benefit is either:
a. a nondecreasing annuity (other than a straight life
annuity) payable for a period of not less than the
life of the member (or, in the case of a qualified
preretirement survivor annuity, the life of the
surviving spouse), or
b. an annuity that decreases during the life of the
member merely because of:

(1) the death of the survivor annuitant (but only if
the reduction is not below fifty percent (50%) of
the benefit payable before the death of the
survivor annuitant), or
(2) the cessation or reduction of Social Security
supplements or qualified disability payments (as
defined in Section 411(a)(9) of the Internal
Revenue Code of 1986, as amended).
c. Limitation Years Beginning Before July 1, 2007.  For
limitation years beginning before July 1, 2007, the
actuarially equivalent straight life annuity is equal
to the annual amount of the straight life annuity
commencing at the same annuity starting date that has
the same actuarial present value as the member's form
of benefit computed using whichever of the following
produces the greater annual amount:
(1) the interest rate and the mortality table or
other tabular factor, each as set forth in
subsection H of Section 2-303.1 of this title for
adjusting benefits in the same form, and
(2) a five percent (5%) interest rate assumption and
the applicable mortality table described in
Revenue Ruling 2001-62 (or its successor for
these purposes, if applicable) for that annuity
starting date.
d. Limitation Year Beginning On January 1, 2008.  For the
limitation year beginning on January 1, 2008, the
actuarially equivalent straight life annuity is equal
to the greater of:
(1) the annual amount of the straight life annuity,
if any, payable to the member under the System
commencing at the same annuity starting date as
the member's form of benefit, and
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
percent (5%) interest rate assumption and the
applicable mortality table described in Revenue
Ruling 2001-62 (or its successor for these
purposes, if applicable) for that annuity
starting date.
e. Limitation Years Beginning On or After July 1, 2008.
For limitation years beginning on or after July 1,
2008, the actuarially equivalent straight life annuity
is equal to the greater of:

(1) the annual amount of the straight life annuity,
if any, payable to the member under the System
commencing at the same annuity starting date as
the member's form of benefit, and
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
percent (5%) interest rate assumption and the
applicable mortality table within the meaning of
Section 417(e)(3)(B) of the Internal Revenue Code
of 1986, as amended, as described in Rev. Rul.
2007-67 (and subsequent guidance) for that
annuity starting date.
6.  Benefit Forms Subject to Section 417(e)(3) of the Internal
Revenue Code of 1986, as amended:  The straight life annuity that is
actuarially equivalent to the member's form of benefit shall be
determined under this paragraph if the form of the member's benefit
is other than a benefit form described in paragraph 5 of this
subsection.  In this case, the actuarially equivalent straight life
annuity shall be determined as follows:
a. Annuity Starting Date on or after January 1, 2009.  If
the annuity starting date of the member's form of
benefit is in the period beginning on January 1, 2009
through June 30, 2009, or in a plan year beginning
after June 30, 2009, the actuarially equivalent
straight life annuity is equal to the greatest of (1),
(2) and (3):
(1) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using the
interest rate and the mortality table or other
tabular factor, each as set forth in the most
recent actuarial valuation referenced in
subsection H of Section 2-303.1 of this title
prior to September 1, 2011, and effective
September 1, 2011, in subsection L of this
section, for adjusting benefits in the same form,
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
and one-half percent (5.5%) interest rate
assumption and the applicable mortality table
within the meaning of Section 417(e)(3)(B) of the
Internal Revenue Code of 1986, as amended, as

described in Rev. Rul. 2007-67 (and subsequent
guidance), and
(3) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using:
(a) the applicable interest rate under Section
417(e)(3) of the Internal Revenue Code of
1986, as amended, (and subsequent guidance),
for the fourth calendar month preceding the
plan year in which falls the annuity
starting date for the distribution and the
stability period is the successive period of
one (1) plan year which contains the annuity
starting date for the distribution and for
which the applicable interest rate remains
constant, or as otherwise provided in the
applicable guidance if the first day of the
first plan year beginning after December 31,
2007, does not coincide with the first day
of the applicable stability period, and
(b) the applicable mortality table within the
meaning of Section 417(e)(3)(B) of the
Internal Revenue Code of 1986, as amended,
as described in Rev. Rul. 2007-67 (and
subsequent guidance),
divided by one and five one-hundredths (1.05).
b. Annuity Starting Date in the Period Beginning on July
1, 2008 through December 31, 2008.  If the annuity
starting date of the member's form of benefit is in
the period beginning on July 1, 2008, through December
31, 2008, the actuarially equivalent straight life
annuity is equal to the greatest of (1), (2) and (3)
of this subsection:
(1) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using the
interest rate and the mortality table or other
tabular factor, each as set forth in subsection H
of Section 2-303.1 of this title for adjusting
benefits in the same form,
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
and one-half percent (5.5%) interest rate

assumption and the applicable mortality table
described in Revenue Ruling 2001-62 (or its
successor for these purposes, if applicable), and
(3) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using:
(a) the adjusted first, second, and third
segment rates under Section 417(e)(3)(C) and
(D) of the Internal Revenue Code of 1986, as
amended, applied under rules similar to the
rules of Section 430(h)(2)(C) of the
Internal Revenue Code of 1986, as amended,
for the fourth calendar month preceding the
plan year in which falls the annuity
starting date for the distribution and the
stability period is the successive period of
one (1) plan year which contains the annuity
starting date for the distribution and for
which the applicable interest rate remains
constant, or as otherwise provided in the
applicable guidance if the first day of the
first plan year beginning after December 31,
2007, does not coincide with the first day
of the applicable stability period, and
(b) the applicable mortality table described in
Revenue Ruling 2001-62 (or its successor for
these purposes, if applicable),
and divided by one and five one-hundredths (1.05).
c. Annuity Starting Date in Plan Years Beginning in 2006
or 2007.  If the annuity starting date of the member's
form of benefit is in a Plan Year beginning in 2006 or
2007, the actuarially equivalent straight life annuity
is equal to the greatest of (1), (2) and (3) of this
subsection:
(1) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using the
interest rate and the mortality table (or other
tabular factor) each as set forth in subsection H
of Section 2-303.1 of this title for adjusting
benefits in the same form,
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five

and one-half percent (5.5%) interest rate
assumption and the applicable mortality table
described in Revenue Ruling 2001-62 (or its
successor for these purposes, if applicable), and
(3) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using:
(a) the rate of interest on thirty-year Treasury
securities as specified by the Commissioner
for the lookback month for the stability
period specified herein.  The lookback month
applicable to the stability period is the
fourth calendar month preceding the first
day of the stability period, as specified
herein.  The stability period is the
successive period of one (1) plan year which
contains the annuity starting date for the
distribution and for which the applicable
interest rate remains constant, and
(b) the applicable mortality table described in
Revenue Ruling 2001-62 (or its successor for
these purposes, if applicable),
divided by one and five one-hundredths (1.05).
d. Annuity Starting Date in Plan Years Beginning in 2004
or 2005.
(1) If the annuity starting date of the member's form
of benefit is in a plan year beginning in 2004 or
2005, the actuarially equivalent straight life
annuity is equal to the annual amount of the
straight life annuity commencing at the same
annuity starting date that has the same actuarial
present value as the member's form of benefit,
computed using whichever of the following
produces the greater annual amount:
(a) the interest rate and the mortality table or
other tabular factor, each as set forth in
subsection H of Section 2-303.1 of this
title for adjusting benefits in the same
form, and
(b) a five and one-half percent (5.5%) interest
rate assumption and the applicable mortality
table described in Revenue Ruling 2001-62
(or its successor for these purposes, if
applicable).
(2) If the annuity starting date of the member's
benefit is on or after the first day of the first

plan year beginning in 2004 and before December
31, 2004, the application of this subparagraph
shall not cause the amount payable under the
member's form of benefit to be less than the
benefit calculated under the System, taking into
account the limitations of this section, except
that the actuarially equivalent straight life
annuity is equal to the annual amount of the
straight life annuity commencing at the same
annuity starting date that has the same actuarial
present value as the member's form of benefit,
computed using whichever of the following
produces the greatest annual amount:
(a) the interest rate and mortality table or
other tabular factor, each as set forth in
subsection H of Section 2-203.1 of this
title for adjusting benefits in the same
form,
(b) i. the rate of interest on thirty-year
Treasury securities as specified by the
Commissioner for the lookback month for
the stability period specified herein.
The lookback month applicable to the
stability period is the fourth calendar
month preceding the first day of the
stability period, as specified herein.
The stability period is the successive
period of one (1) plan year which
contains the annuity starting date for
the distribution and for which the
applicable interest rate remains
constant, and
ii. the applicable mortality table
described in Revenue Ruling 2001-62 (or
its successor for these purposes, if
applicable), and
(c) i. the rate of interest on thirty-year
Treasury securities as specified by the
Commissioner for the lookback month for
the stability period specified herein.
The lookback month applicable to the
stability period is the fourth calendar
month preceding the first day of the
stability period, as specified herein.
The stability period is the successive
period of one (1) plan year which
contains the annuity starting date for

the distribution and for which the
applicable interest rate remains
constant (as in effect on the last day
of the last plan year beginning before
January 1, 2004, under provisions of
the System then adopted and in effect),
and
ii. the applicable mortality table
described in Revenue Ruling 2001-62 (or
its successor for these purposes, if
applicable).
C.  If a member has less than ten (10) years of participation in
the System and all predecessor pension and retirement systems, the
dollar limitation otherwise applicable under subsection B of this
section shall be multiplied by a fraction, the numerator of which is
the number of the years of participation or part thereof, in the
System of the member, but never less than one (1), and the
denominator of which is ten (10).
D.  Adjustment of Dollar Limitation for Benefit Commencement
Before Sixty-two (62) Years of Age or After Sixty-five (65) Years of
Age:  Effective for benefits commencing in limitation years ending
after December 31, 2001, the dollar limitation under subsection B of
this section shall be adjusted if the annuity starting date of the
member's benefit is before sixty-two (62) years of age or after
sixty-five (65) years of age.  If the annuity starting date is
before sixty-two (62) years of age, the dollar limitation under
subsection B of this section shall be adjusted under paragraph 1 of
this subsection, as modified by paragraph 3 of this subsection, but
subject to paragraph 4 of this subsection.  If the annuity starting
date is after sixty-five (65) years of age, the dollar limitation
under subsection B of this section shall be adjusted under paragraph
2 of this subsection, as modified by paragraph 3 of this subsection.
1.  Adjustment of Defined Benefit Dollar Limitation for Benefit
Commencement Before Sixty-two (62) Years of Age:
a. Limitation Years Beginning Before July 1, 2007.  If
the annuity starting date for the member's benefit is
prior to sixty-two (62) years of age and occurs in a
limitation year beginning before July 1, 2007, the
dollar limitation for the member's annuity starting
date is the annual amount of a benefit payable in the
form of a straight life annuity commencing at the
member's annuity starting date that is the actuarial
equivalent of the dollar limitation under subsection B
of this section (adjusted under subsection C of this
section for years of participation less than ten (10),
if required) with actuarial equivalence computed using

whichever of the following produces the smaller annual
amount:
(1) the interest rate and the mortality table or
other tabular factor, each as set forth in
subsection H of Section 2-303.1 of this title, or
(2) a five percent (5%) interest rate assumption and
the applicable mortality table as described in
Revenue Ruling 2001-62 (or its successor for
these purposes, if applicable).
b. Limitation Years Beginning On or After July 1, 2007.
(1) System Does Not Have Immediately Commencing
Straight Life Annuity Payable at Both Sixty-two
(62) Years of Age and the Age of Benefit
Commencement.
(a) If the annuity starting date for the
member's benefit is prior to sixty-two (62)
years of age and occurs in the limitation
year beginning on or after January 1, 2008,
and the System does not have an immediately
commencing straight life annuity payable at
both sixty-two (62) years of age and the age
of benefit commencement, the dollar
limitation for the member's annuity starting
date is the annual amount of a benefit
payable in the form of a straight life
annuity commencing at the member's annuity
starting date that is the actuarial
equivalent of the dollar limitation under
subsection B of this section (adjusted under
subsection C of this section for years of
participation less than ten (10), if
required) with actuarial equivalence
computed using a five percent (5%) interest
rate assumption and the applicable mortality
table for the annuity starting date as
described in Revenue Ruling 2001-62 (or its
successor for these purposes, if applicable)
(and expressing the member's age based on
completed calendar months as of the annuity
starting date).
(b) If the annuity starting date for the
member's benefit is prior to sixty-two (62)
years of age and occurs in a limitation year
beginning on or after January 1, 2009, and
the System does not have an immediately
commencing straight life annuity payable at
both sixty-two (62) years of age and the age

of benefit commencement, the dollar
limitation for the member's annuity starting
date is the annual amount of a benefit
payable in the form of a straight life
annuity commencing at the member's annuity
starting date that is the actuarial
equivalent of the dollar limitation under
subsection B of this section (adjusted under
subsection C of this section for years of
participation less than ten (10), if
required) with actuarial equivalence
computed using a five percent (5%) interest
rate assumption and the applicable mortality
table within the meaning of Section
417(e)(3)(B) of the Internal Revenue Code of
1986, as amended, as described in Rev. Rul.
2007-67 (and subsequent guidance) (and
expressing the member's age based on
completed calendar months as the annuity
starting date).
(2) System Has Immediately Commencing Straight Life
Annuity Payable at Both Sixty-two (62) Years of
Age and the Age of Benefit Commencement.  If the
annuity starting date for the member's benefit is
prior to sixty-two (62) years of age and occurs
in a limitation year beginning on or after July
1, 2007, and the System has an immediately
commencing straight life annuity payable at both
sixty-two (62) years of age and the age of
benefit commencement, the dollar limitation for
the member's annuity starting date is the lesser
of the limitation determined under division (1)
of subparagraph b of this paragraph and the
dollar limitation under subsection B of this
section (adjusted under subsection C of this
section for years of participation less than ten
(10), if required) multiplied by the ratio of the
annual amount of the immediately commencing
straight life annuity under the System at the
member's annuity starting date to the annual
amount of the immediately commencing straight
life annuity under the System at sixty-two (62)
years of age, both determined without applying
the limitations of this section.
(3) Effective for limitation years commencing on or
after January 1, 2014, notwithstanding any other
provision of paragraph 1 of this subsection, the

age-adjusted dollar limit applicable to a member
shall not decrease on account of an increase in
age or the performance of additional services.
2.  Adjustment of Defined Benefit Dollar Limitation for Benefit
Commencement After Sixty-five (65) Years of Age:
a. Limitation Years Beginning Before July 1, 2007.  If
the annuity starting date for the member's benefit is
after sixty-five (65) years of age and occurs in a
limitation year beginning before July 1, 2007, the
dollar limitation for the member's annuity starting
date is the annual amount of a benefit payable in the
form of a straight life annuity commencing at the
member's annuity starting date that is the actuarial
equivalent of the dollar limitation under subsection B
of this section (adjusted under subsection C of this
section for years of participation less than ten (10),
if required) with actuarial equivalence computed using
whichever of the following produces the smaller annual
amount:
(1) the interest rate and the mortality table or
other tabular factor, each as set forth in
subsection H of Section 2-303.1 of this title, or
(2) a five percent (5%) interest rate assumption and
the applicable mortality table as described in
Revenue Ruling 2001-62 (or its successor for
these purposes, if applicable).
b. Limitation Years Beginning On or After July 1, 2007.
(1) System Does Not Have Immediately Commencing
Straight Life Annuity Payable at Both Sixty-five
(65) Years of Age and the Age of Benefit
Commencement.
(a) If the annuity starting date for the
member's benefit is after sixty-five (65)
years of age and occurs in the limitation
year beginning on January 1, 2008, and the
System does not have an immediately
commencing straight life annuity payable at
both sixty-five (65) years of age and the
age of benefit commencement, the dollar
limitation at the member's annuity starting
date is the annual amount of a benefit
payable in the form of a straight life
annuity commencing at the member's annuity
starting date that is the actuarial
equivalent of the dollar limitation under
subsection B of this section (adjusted under
subsection C of this section for years of

participation less than ten (10), if
required) with actuarial equivalence
computed using a five percent (5%) interest
rate assumption and the applicable mortality
table for the annuity starting date as
described in Revenue Ruling 2001-62 (or its
successor for these purposes, if applicable)
(and expressing the member's age based on
completed calendar months as of the annuity
starting date).
(b) If the annuity starting date for the
member's benefit is after sixty-five (65)
years of age and occurs in a limitation year
beginning on or after January 1, 2009, and
the System does not have an immediately
commencing straight life annuity payable at
both sixty-five (65) years of age and the
age of benefit commencement, the dollar
limitation for the member's annuity starting
date is the annual amount of a benefit
payable in the form of a straight life
annuity commencing at the member's annuity
starting date that is the actuarial
equivalent of the dollar limitation under
subsection B of this section (adjusted under
subsection C of this section for years of
participation less than ten (10), if
required) with actuarial equivalence
computed using a five percent (5%) interest
rate assumption and the applicable mortality
table within the meaning of Section
417(e)(3)(B) of the Internal Revenue Code of
1986, as amended, as described in Rev. Rul.
2007-67 (and subsequent guidance) (and
expressing the member's age based on
completed calendar months as of the annuity
starting date).
(2) System Has Immediately Commencing Straight Life
Annuity Payable at Both Sixty-five (65) Years of
Age and Age of Benefit Commencement.  If the
annuity starting date for the member's benefit is
after sixty-five (65) years of age and occurs in
a limitation year beginning on or after July 1,
2007, and the System has an immediately
commencing straight life annuity payable at both
sixty-five (65) years of age and the age of
benefit commencement, the dollar limitation at

the member's annuity starting date is the lesser
of the limitation determined under division (1)
of subparagraph b of this paragraph and the
dollar limitation under subsection B of this
section (adjusted under subsection C of this
section for years of participation less than ten
(10), if required) multiplied by the ratio of the
annual amount of the adjusted immediately
commencing straight life annuity under the System
at the member's annuity starting date to the
annual amount of the adjusted immediately
commencing straight life annuity under the System
at sixty-five (65) years of age, both determined
without applying the limitations of this section.
For this purpose, the adjusted immediately
commencing straight life annuity under the System
at the member's annuity starting date is the
annual amount of such annuity payable to the
member, computed disregarding the member's
accruals after sixty-five (65) years of age but
including actuarial adjustments even if those
actuarial adjustments are used to offset
accruals; and the adjusted immediately commencing
straight life annuity under the System at sixty-
five (65) years of age is the annual amount of
such annuity that would be payable under the
System to a hypothetical member who is sixty-five
(65) years of age and has the same accrued
benefit as the member.
3.  Notwithstanding the other requirements of this subsection,
no adjustment shall be made to the dollar limitation under
subsection B of this section to reflect the probability of a
member's death between the annuity starting date and sixty-two (62)
years of age, or between sixty-five (65) years of age and the
annuity starting date, as applicable, if benefits are not forfeited
upon the death of the member prior to the annuity starting date.  To
the extent benefits are forfeited upon death before the annuity
starting date, such an adjustment shall be made.  For this purpose,
no forfeiture shall be treated as occurring upon the member's death
if the System does not charge members for providing a qualified
preretirement survivor annuity, as defined in Section 417(c) of the
Internal Revenue Code of 1986, as amended, upon the member's death.
4.  Notwithstanding any other provision to the contrary, for
limitation years beginning on or after January 1, 1997, if payment
begins before the member reached sixty-two (62) years of age, the
reductions in the limitations in this subsection shall not apply to

a member who is a "qualified participant" as defined in Section
415(b)(2)(H) of the Internal Revenue Code of 1986, as amended.
E.  Minimum Benefit Permitted:  Notwithstanding anything else in
this section to the contrary, the benefit otherwise accrued or
payable to a member under this System shall be deemed not to exceed
the maximum permissible benefit if:
1.  The retirement benefits payable for a limitation year under
any form of benefit with respect to such member under this System
and under all other defined benefit plans (without regard to whether
a plan has been terminated) ever maintained by a participating
employer do not exceed Ten Thousand Dollars ($10,000.00) multiplied
by a fraction:
a. the numerator of which is the member's number of
credited years (or part thereof, but not less than one
(1) year) of service, not to exceed ten (10), with the
participating employer, and
b. the denominator of which is ten (10); and
2.  The participating employer (or a predecessor employer) has
not at any time maintained a defined contribution plan in which the
member participated (for this purpose, mandatory employee
contributions under a defined benefit plan, individual medical
accounts under Section 401(h) of the Internal Revenue Code of 1986,
as amended, and accounts for postretirement medical benefits
established under Section 419A(d)(1) of the Internal Revenue Code of
1986, as amended, are not considered a separate defined contribution
plan).
F.  In no event shall the maximum annual accrued retirement
benefit of a member allowable under this section be less than the
annual amount of such accrued retirement benefit, including early
pension and qualified joint and survivor annuity amounts, duly
accrued by the member as of the last day of the limitation year
beginning in 1982, or as of the last day of the limitation year
beginning in 1986, whichever is greater, disregarding any plan
changes or cost-of-living adjustments occurring after July 1, 1982,
as to the 1982 accrued amount, and May 5, 1986, as to the 1986
accrued amount.
G.  If a member purchases service credit under this title from
the System, which qualifies as "permissive service credit" pursuant
to Section 415(n) of the Internal Revenue Code of 1986, as amended,
the limitations of Section 415 of the Internal Revenue Code of 1986,
as amended, may be met by either:
1.  Treating the accrued benefit derived from such contributions
as an annual benefit under subsection B of this section; or
2.  Treating all such contributions as annual additions for
purposes of Section 415(c) of the Internal Revenue Code of 1986, as
amended.

H.  If a member repays to the System any amounts received or
refunded from the System because of the member's prior termination
pursuant to paragraph 3 of subsection (b) of Section 2-307 of this
title or any other amount which qualifies as a repayment under
Section 415(k)(3) of the Internal Revenue Code of 1986, as amended,
such repayment shall not be taken into account for purposes of
Section 415 of the Internal Revenue Code of 1986, as amended,
pursuant to Section 415(k)(3) of the Internal Revenue Code of 1986,
as amended.
I.  For limitation years beginning on or after January 1, 1995,
subsection C of this section, paragraph 1 of subsection D of this
section, and the proration provided under subparagraphs a and b of
paragraph 1 of subsection E of this section, shall not apply to a
benefit paid under the System as a result of the member becoming
disabled by reason of personal injuries or sickness, or amounts
received by the beneficiaries, survivors or estate of the member as
the result of the death of the member.
J.  For distributions made in limitation years beginning on or
after January 1, 2000, the combined limit of repealed Section 415(e)
of the Internal Revenue Code of 1986, as amended, shall not apply.
K.  The Board is hereby authorized to revoke the special
election previously made under Section 415(b)(10) of the Internal
Revenue Code of 1986, as amended.
L.  Effective September 1, 2011, the interest rate and mortality
assumptions for the System used to determine the actuarial
equivalence of a member's form of benefit shall be set by the State
Board in a manner that precludes employer discretion, shall be based
upon recommendations from independent professional advisors, and
shall be published annually in the actuarial valuation.
M.  All benefits payable from the Oklahoma Law Enforcement
Retirement System including payments from the deferred option plans
under Section 2-305.2 of this title shall be paid from the general
assets of the Fund pursuant to subsection B of Section 2-303.4 of
this title.
Added by Laws 1991, c. 323, § 5, emerg. eff. June 12, 1991.  Amended
by Laws 1999, c. 257, § 24, eff. July 1, 1999; Laws 2000, c. 287, §
17, eff. July 1, 2000; Laws 2003, c. 406, § 7, eff. July 1, 2003;
Laws 2005, c. 142, § 3, emerg. eff. May 5, 2005; Laws 2006, 2nd
Ex.Sess., c. 46, § 21, eff. July 1, 2006; Laws 2008, c. 177, § 10,
eff. July 1, 2008; Laws 2009, c. 169, § 11, emerg. eff. May 11,
2009; Laws 2010, c. 437, § 12, emerg. eff. June 9, 2010; Laws 2011,
c. 141, § 4, emerg. eff. April 29, 2011; Laws 2012, c. 52, § 4,
emerg. eff. April 16, 2012; Laws 2012, c. 364, § 11; Laws 2013, c.
16, § 2; Laws 2014, c. 37, § 2, emerg. eff. April 9, 2014; Laws
2018, c. 22, § 1, eff. Nov. 1, 2018.

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