Okla. Admin. Code § 715:10-5-7.1
Transfer of service credit from the Oklahoma Public Employees Retirement System
Effective Sep 1, 202542 Ok Reg, Number 22<i><sup>1</sup>This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the text of the Section is no longer effective. Therefore, on 7-15-95 (after the 7-14-95 expiration of the emergency action), the text of section 715:10-5-7.1 was no longer effective, and remained as such until added by permanent action on 7-27-95.</i>; Added at 12 Ok Reg 295, eff 10-14-94 through 7-14-95 (emergency)<sup>1</sup>; Added at 12 Ok Reg 3285, eff 7-27-95; Amended at 13 Ok Reg 3523, eff 8-26-96; Amended at 18 Ok Reg 50, eff 10-3-00 (emergency); Amended at 18 Ok Reg 3152, eff 7-12-01; Amended at 19 Ok Reg 2729, eff 7-11-02; Amended at 42 Ok Reg, Number 22, effective 9-1-25Teachers' Retirement System
- (a) An active member of TRS may receive credit for those years of service accumulated by the member while a member of the Oklahoma Public Employees Retirement System (OPERS), provided the member is not receiving or eligible to receive retirement credit or benefits from said service in any other public retirement system, notwithstanding the years of service sought to be transferred under this section. The member must be an active contributing member of TRS at the time application is made.
- (b) A member of OPERS who becomes a member of TRS because of employment by an entity or institution within the Oklahoma State System of Higher Education, State Board of Education, Oklahoma Department of Career and Technology Education, Oklahoma School of Science and Mathematics, Oklahoma Center for the Advancement of Science and Technology, State Department of Rehabilitation Services, Oklahoma State Regents for Higher Education, Department of Corrections, State Department of Education, Oklahoma Board of Private Vocational Schools, Board of Regents of Oklahoma Colleges, Oklahoma Student Loan Authority, or the Teachers' Retirement System of Oklahoma may transfer to TRS credit for years of service accumulated in OPERS.
- (c) The member must file a notice with OPERS of the member's election to transfer service credit. The notice must include a list of the years to be transferred and other information as required by OPERS. Notwithstanding the provisions of OAC 715:10-3-4, qualifying service accumulated as a member of OPERS shall be accepted as service credit in TRS, subject to any statutory limitations. Provided no member, including those who transport qualifying service from OPERS, may be awarded more than one (1) year of service credit in any school year.
- (d) Except for members transferring credit as provided in subsection (b) of this section, TRS, within thirty (30) days of receipt of notification from OPERS of an intent to transfer service to the member's account, shall determine the present value of the member's incremental projected benefit discounted according to the member's age at the time of the transfer. This determination shall be computed at the earliest age at which the member would be able to retire and calculated in accordance with OAC 715:10-5-4 and 70 O.S. §17-116.8. Said computation shall assume an unreduced benefit and be computed using interest, salary projections and mortality assumptions consistent with the actuarial assumptions adopted by the Board of Trustees for purposes of preparing the annual actuarial evaluation.
- (e) Upon completion of the computation provided for in subsection (d) of this section, TRS shall notify the member and OPERS of the cost to transfer service. No retirements funds shall be transferred to TRS from OPERS until TRS has notified OPERS that all necessary documentation from the member has been received by TRS and OPERS has received its signed final election form.
- (f) If the cost to TRS of the actuarial value of the incremental benefit is greater than the cost as calculated for the same years of service in OPERS, the member, except as provided in subsection (b) of this section, shall elect to pay any difference to receive full credit for the years sought to be transferred, or receive prorated service credit for only the amount received from OPERS. Such an election shall be made in writing, be received by TRS prior to receiving the credit provided for in this section, and shall be irrevocable.
- (g) For members not required to make an election provided in subsection (f), including those as provided in subsection (b), the member must notify TRS to complete the transfer of service credit provided for in this section. Such notification must be made in writing and received by TRS prior to receiving the credit provided for in this section.
- (h) Upon receipt of the written election provided in subsection (f) or the notification required in subsection (g) in this section, TRS shall notify OPERS that the necessary documentation has been received.
- (i) Within sixty (60) days of the member’s successful completion of the requirements in this section , OPERS shall transfer the retirement funds for transported service to TRS.
- (j) Upon receipt of all monies transferred by OPERS, TRS shall credit the member's account for the deposit. Except as provided in subsection (b) of this section, the member is required to pay any difference between the amount determined in subsection (d) of this section and the amount received from OPERS within sixty (60) days of notification by TRS unless the member elects monthly installments and pays the balance due in accordance with OAC 715:10-5-4.
- (k) Except as provided by subsection (b) of this section, any member who ceases to make payment, terminates employment, retires or dies before completing the payments provided for in this section shall receive prorated service credit for only those payments made, unless the unpaid balance is paid by the member, the member's estate or beneficiary within six (6) months after the member's death, termination of employment or retirement, provided no retirement benefits shall be payable until the unpaid balance is paid, unless the member or beneficiary affirmatively waives the additional six-month period in which to pay the unpaid balance.
- (l) Notwithstanding the provisions of subsection (k) of this section, if any member fails for any reason to satisfy the requirements of this rule, the election to transfer service credit shall be void and of no effect, and any service credited as a result of this transfer shall be canceled. TRS shall return to OPERS any monies transferred for the canceled service.
- (m) Years of service transferred pursuant to this section shall be used in determining the member's retirement benefit. Participating service, as defined by OPERS, shall be credited to the member's account for purposes of vesting in accordance with OAC 715:10-7-1. A member who joined TRS on or after July 1, 1992, and transfers service credit for employment performed as a member of OPERS on or before July 1, 1992, shall receive credit for such service as if the service were performed as a member of TRS, and the member's eligibility for retirement shall be determined as if the member had been a member of TRS from the date of such service. Notwithstanding, the Internal Revenue Code Section 401(a)(17) limits shall apply and the member shall not be considered an ''eligible participant'' under OAC 715:10-15-27 unless the member first joined TRS prior to July 1, 1996.
<i><sup>1</sup>This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the text of the Section is no longer effective. Therefore, on 7-15-95 (after the 7-14-95 expiration of the emergency action), the text of section 715:10-5-7.1 was no longer effective, and remained as such until added by permanent action on 7-27-95.</i>
Added at 12 Ok Reg 295, eff 10-14-94 through 7-14-95 (emergency)<sup>1</sup>
Added at 12 Ok Reg 3285, eff 7-27-95
Amended at 13 Ok Reg 3523, eff 8-26-96
Amended at 18 Ok Reg 50, eff 10-3-00 (emergency)
Amended at 18 Ok Reg 3152, eff 7-12-01
Amended at 19 Ok Reg 2729, eff 7-11-02
Amended at 42 Ok Reg, Number 22, effective 9-1-25