§ 11-50-112. Participation in System required - Eligibility.

A.  All persons employed as full-time duly appointed or elected officers who are paid for working more than twenty-five (25) hours per week or any person hired by a participating municipality who is undergoing police training to become a permanent police officer of the municipality shall participate in the System upon initial employment with a police department of a participating municipality.  All such persons shall submit to a physical-medical examination pertaining to sight, hearing, agility and other conditions the requirements of which shall be established by the State Board.  The person shall be required to complete this physical-medical examination prior to the beginning of actual employment.  This examination shall identify any preexisting conditions.  Except as otherwise provided in this section, a police officer shall be not less than twenty-one (21) nor more than forty-five (45) years of age when accepted for membership in the System.  However, if a municipality should be found to be in noncompliance with the provisions of Article 50 of this title, as determined by the State Board, then any current full-time active police officer employed by a municipality as of July 1, 2001, shall not be denied eligibility to participate in the Oklahoma Police Pension and Retirement System solely due to age.  The State Board shall have authority to deny or revoke membership of any person submitting false information in such person's membership application.  The State Board shall have final authority in determining eligibility for membership in the System, pursuant to the provisions of this article.

B.  The police chief of any participating municipality may be exempt from membership in the System or may become a member provided the member is not a retired member and the requirements of this section are met at the time of employment.

C.  A member of the System who has attained his or her normal retirement date may, if the member so elects, agree to terminate employment and retire as a member of the System and make an election to receive distributions from the System.  If a retired member is reemployed by a participating municipality in the position of police chief or in a position which is not covered by the System, retirement shall include receipt by such retired member of in-service distributions from the System.

D.  A former member of the System who terminates from covered employment and who has neither retired from the System nor entered the Oklahoma Police Deferred Option Plan and is later employed in a covered position with a participating municipality shall not be denied eligibility to become a member of the System because he or she is forty-five (45) years of age or older.  If such member has withdrawn his or her contributions prior to re-entering the System and the member desires to receive credit for such prior service, then the member shall pay back such contributions and interest pursuant to Section 50-111.1 of this title.

E.  Notwithstanding any other provision of law to the contrary, a municipality that employs two (2) or fewer full-time police officers may employ a police officer who is more than forty-five (45) years of age and who has never participated in the Oklahoma Police Pension and Retirement System, but such police officer shall not be eligible to participate in the System.  Such police officer shall be counted in the limitation imposed by this subsection.

Added by Laws 1977, c. 256, § 50-112, eff. July 1, 1978.  Amended by Laws 1980, c. 356, § 17, eff. Jan. 1, 1981; Laws 1984, c. 286, § 3, operative July 1, 1984; Laws 1988, c. 267, § 10, operative July 1, 1988; Laws 1989, c. 234, § 1, emerg. eff. May 12, 1989; Laws 1990, c. 340, § 12, eff. July 1, 1990; Laws 1991, c. 335, § 5, emerg. eff. June 15, 1991; Laws 1992, c. 390, § 4, emerg. eff. June 9, 1992; Laws 1995, c. 173, § 4, eff. July 1, 1995; Laws 2000, c. 377, § 2, eff. July 1, 2000; Laws 2001, c. 183, § 4, emerg. eff. May 2, 2001; Laws 2001, c. 414, § 3, eff. July 1, 2001; Laws 2003, c. 64, § 1, eff. July 1, 2003; Laws 2003, c. 486, § 1, eff. July 1, 2003; Laws 2004, c. 5, § 3, emerg. eff. March 1, 2004; Laws 2004, c. 434, § 1, eff. July 1, 2004.

Note

NOTE:  Laws 1989, c. 341, § 2 repealed by Laws 1990, c. 337, § 26.  Laws 1990, c. 337, § 5 repealed by Laws 1991, c. 335, § 37, emerg. eff. June 15, 1991.  Laws 2001, c. 128, § 1 repealed by Laws 2001, c. 414, § 14, eff. July 1, 2001.  Laws 2003, c. 137, § 5 repealed by Laws 2004, c. 5, § 4, emerg. eff. March 1, 2004.