§ 20-1102. Eligibility for retirement - Vacancies.

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.

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.