(a) The effective date of retirement can be the first of any month specified by the member, provided the effective retirement date cannot be earlier than the member’s bona fide separation from service, except as provided in paragraph (2) below, from all participating TRS employers. Bona fide separation from service shall be determined based on whether the facts and circumstances indicate that the employee reasonably anticipated that no further services would be performed for any TRS participating employer after the member's separation date. TRS shall apply the following:
- (1) The last day on which service is rendered shall be accepted as the last day of employment, when so certified by the employer. This is not necessarily the last day for which the member receives pay.
- (2) If employment terminates on or before the tenth (10th) day of the month, the effective retirement date can be that same month.
- (3) If a member's employment terminates after the tenth (10th) day of the month, the effective retirement date can be the first day of the following month.
- (b) The effective date of retirement shall be specified on the final contract for retirement, provided if a bona fide separation from service does not occur, any effective date on a final contract which is in conflict with this section is invalid. Final contracts for retirement with invalid effective retirement dates shall not result in a binding retirement contract for the member. In that case, TRS will delay or cancel the member's retirement, as applicable. If the member goes on to complete a bona fide separation from service, the contract for retirement will be delayed to a date consistent with this section. If the member chooses not to complete a bona fide separation from service, the contract for retirement will be canceled.
Amended at 42 Ok Reg, Number 22, effective 9-1-25