§ 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 June 30, 2021, 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 of Oklahoma. On or after July 1, 2021, all nonclassified optional personnel regularly employed for twenty (20) hours or more per week may join the System upon hiring or eligibility, subject to the provisions of subsection C of this section and the rules and regulations adopted by the System pursuant to Section 17-101 et seq. of this title. C. 1. Nonclassified optional personnel shall have thirty (30) days from the initial date of hire or eligibility to make a one-time irrevocable election to opt out of participation in the System, in a manner required by the Board of Trustees. 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 the employee’s employer shall not make any required employer contributions to the System. 3. If an eligible nonclassified optional employee does not timely opt out of participation in the System, such an 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 subsection shall be construed to prohibit the employer from making the contribution of the employee to the System on behalf of the employee. 4. Nonclassified optional personnel who opt out of participation in the System shall be ineligible for future participation in the System; provided, however, that if such an 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. 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 the individual entrance into the retirement system for members in any such class optional. E. Should any non-vested member, 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 subsection shall not apply to any member of the Teachers’ Retirement System of Oklahoma 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 of Oklahoma 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 of Oklahoma subject to any applicable limitations placed on retired members returning to work or may choose to participate as an active member in the Oklahoma Public Employees Retirement System defined benefit plan or the Oklahoma Public Employees Retirement System defined contribution system, whichever is applicable under the laws and rules governing those systems.

Legislative History

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; Laws 2024, c. 300, § 2, eff. July 1, 2024. 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.