As used in this act: 1. "System" means the Oklahoma Law Enforcement Retirement System; 2. "Act" means Sections 47-2-300 through 47-2-313 of this title; 3. "Board" means the Oklahoma Law Enforcement Retirement Board of the System; 4. "Executive Director" means the managing officer of the System employed by the Board; 5. "Fund" means the Oklahoma Law Enforcement Retirement Fund; 6. "Member" means all law enforcement officers of the Oklahoma Highway Patrol and the State Capitol Division of the Department of Public Safety and all commissioned officers in the Gunsmith/Ammunition Reloader Division of the Department of Public Safety who have obtained certification from the Council on Law Enforcement Education and Training, the Oklahoma State Bureau of Investigation, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control and the Oklahoma Alcoholic Beverage Control Board designated to perform duties in the investigation and prevention of crime and the enforcement of the criminal laws of this state, and members of the Communications Division to include radio technicians, tower technicians and commissioned officers of the Lake Patrol Division of the Oklahoma Department of Public Safety, park rangers of the Oklahoma Tourism and Recreation Department and inspectors of the Oklahoma State Board of Pharmacy, and any park manager or park supervisor of the Oklahoma Tourism and Recreation Department who was employed in such a position prior to July 1, 1985, and who elects on or before September 1, 1996, to participate in the System, provided that all persons who shall be offered a position of a law enforcement officer shall participate in the System upon the person meeting the requisite post offer-pre-employment physical examination standards which shall be subject to the following requirements: a. all such persons shall be of good moral character, free from deformities, mental or physical conditions, or disease and alcohol or drug addiction which would prohibit the person from performing the duties of a law enforcement officer, b. said physical-medical examination shall pertain to age, sight, hearing, agility and other conditions the requirements of which shall be established by the Board, c. the person shall be required to meet the conditions of this subsection prior to the beginning of actual employment but after an offer of employment has been tendered by a participating employer, d. the Board shall have authority to deny or revoke membership of any person submitting false information in such person's membership application, e. the Board shall have final authority in determining eligibility for membership in the System, pursuant to the provisions of this subsection; 7. "Normal retirement date" means the date at which the member is eligible to receive the unreduced payments of the member's accrued retirement benefit. Such date shall be the first day of the month coinciding with or following the date the member: a. completes twenty (20) years of vesting service; or b. attains sixty-two (62) years of age with ten (10) years of vesting service; or c. attains sixty-two (62) years of age, if: (1) the member has been transferred to this System from the Oklahoma Public Employees Retirement System on or after July 1, 1981; and (2) the member would have been vested had the member continued to be a member of the Oklahoma Public Employees Retirement System; A member who was required to join the System effective July 1, 1980, because of the transfer of the employing agency from the Oklahoma Public Employees Retirement System to the System, and was not a member of the Oklahoma Public Employees Retirement System on the date of such transfer shall be allowed to receive credit for prior law enforcement service rendered to this state, if the member is not receiving or eligible to receive retirement credit or benefits for such service in any other public retirement system, upon payment to the System of the employee contribution the member would have been subject to had the member been a member of the System at the time, plus five percent (5%) interest. Service credit received pursuant to this paragraph shall be used in determining the member's retirement benefit, and shall be used in determining years of service for retirement or vesting purposes; 8. "Actual paid base salary" means the salary received by a member, excluding payment for any accumulated leave or uniform allowance. Salary shall include any amount of nonelective salary reduction under Section 414(h) of the Internal Revenue Code of 1986; 9. "Final average salary" means the average of the highest thirty (30) consecutive complete months of actual paid gross salary. Gross salary shall include any amount of elective salary reduction under Section 457 of the Internal Revenue Code of 1986 and any amount of nonelective salary reduction under Section 414(h) of the Internal Revenue Code of 1986. Only salary on which required contributions have been made may be used in computing the final average salary; 10. "Credited service" means the period of service used to determine the amount of benefits payable to a member. Credited service shall consist of the period during which the member participated in the System or the predecessor Plan as an active employee in an eligible membership classification, plus any service prior to the establishment of the predecessor Plan which was credited under the predecessor Plan and for officers of the Oklahoma State Bureau of Investigation and the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control who became members of the System on July 1, 1980, any service credited under the Oklahoma Public Employees Retirement System as of June 30, 1980, and for members of the Communications and Lake Patrol Divisions of the Oklahoma Department of Public Safety, who became members of the System on July 1, 1981, any service credited under the predecessor Plan or the Oklahoma Public Employees Retirement System as of June 30, 1981, and for law enforcement officers of the Oklahoma Alcoholic Beverage Control Board who become members of the System on July 1, 1982, any service credited under the Oklahoma Public Employees Retirement System as of June 30, 1982, and for park rangers of the Oklahoma Tourism and Recreation Department who became members of the System on July 1, 1985, any service credited under the Oklahoma Public Employees Retirement System as of June 30, 1985, and for inspectors of the Oklahoma State Board of Pharmacy who became members of the System on July 1, 1986, any service credited under the Oklahoma Public Employees Retirement System as of June 30, 1986, for law enforcement officers of the State Capitol Division of the Department of Public Safety who became members of the System effective July 1, 1993, any service credited under the Oklahoma Public Employees Retirement System as of June 30, 1993, and for all commissioned officers in the Gunsmith/Ammunition Reloader Division of the Department of Public Safety who became members of the System effective July 1, 1994, any service credited under the Oklahoma Public Employees Retirement System as of June 30, 1994, and for the park managers or park supervisors of the Oklahoma Tourism and Recreation Department who were employed in such a position prior to July 1, 1985, and who elect to become members of the System effective September 1, 1996, any service transferred pursuant to subsection C of Section 47-2-309.6 of this title; 11. "Disability" means a physical or mental condition which, in the judgment of the Board, totally and presumably permanently prevents the member from engaging in the usual and customary duties of the occupation of the member and thereafter prevents the member from performing the duties of any occupation or service for which the member is qualified by reason of training, education or experience. A person is not under a disability when capable of performing a service to the employer, regardless of occupation, providing the salary of the employee is not diminished thereby; and 12. "Limitation year" means the year used in applying the limitations of Section 415 of the Internal Revenue Code of 1986, which year shall be the calendar year.

Laws 1980, SB 266, c. 357, § 4, emerg. eff. July 1, 1980; Amended by Laws 1981, HB 1130, c. 227, § 1, emerg. eff. July 1, 1981; Amended by Laws 1982, HB 1850, c. 328, § 1, emerg. eff. July 1, 1982; Amended by Laws 1985, HB 1155, c. 296, § 1, emerg. eff. July 24, 1985; Amended by Laws 1986, HB 2024, c. 253, § 1, emerg. eff. July 1, 1986; Amended by Laws 1987, HB 1473, c. 236, § 160, emerg. eff. July 20, 1987; Amended by Laws 1987, SB 180, c. 231, § 6, emerg. eff. July 1, 1987 (repealed by Laws 1989, HB 1415, c. 136, § 3, eff. January 1, 1990, and by Laws 1990, HB 2361, c. 337, § 26); Amended by Laws 1989, HB 1415, c. 136, § 1, eff. January 1, 1990 (repealed by Laws 1990, HB 2361, c. 337, § 26); Amended by Laws 1988, HB 1588, c. 267, § 20, emerg. eff. July 1, 1988; Amended by Laws 1989, SB 401, c. 209, § 1, emerg. eff. July 1, 1989; Amended by Laws 1990, SB 276, c. 337, § 8, eff. November 1, 1990; Amended by Laws 1991, SB 524, c. 323, § 4, emerg. eff. June 12, 1991; Amended by Laws 1992, SB 980, c. 390, § 5, emerg. eff. June 9, 1992; Amended by Laws 1993, SB 491, c. 277, § 1, emerg. eff. July 1, 1993; Amended by Laws 1993, HB 1616, c. 157, § 1, emerg. eff. July 1, 1993 (repealed by Laws 1994, HB 2299, c. 2, § 34, emerg. eff. March 2, 1994); Amended by Laws 1994, HB 2435, c. 44, § 1, emerg. eff. July 1, 1994; Amended by Laws 1994, HB 2299, c. 2, § 13, emerg. eff. March 2, 1994 (repealed by Laws 1995, HB 1012, c. 1, § 40, emerg. eff. March 2, 1995); Amended by Laws 1995, HB 1012, c. 1, § 15, emerg. eff. March 2, 1995; Amended by Laws 1995, HB 1036, c. 294, § 1, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2072, c. 60, § 1, emerg. eff. July 1, 1996.