1. A. Subject to the requirements of Section 6-101.2 of this title and any other applicable requirements of law, a member may enter into postretirement employment with a public school of Oklahoma and still receive monthly retirement benefits subject to the following:

   1. 1. A retired member is not eligible to be employed by the public schools of Oklahoma, in any capacity, for six (6) months between the retiree's last day of preretirement public education employment and any postretirement public education employment. For purposes of this section, the term "last day of preretirement employment" shall mean the last day the employee is required to be physically present on the job to complete the terms of the employment contract or agreement or the member's effective retirement date, whichever is later. An employee on paid leave is still considered to be employed for purposes of this section. Employment under any conditions during this time, volunteer services for the purpose of obtaining a paid position at a later date, or payment at a later time for services performed during this time period shall cause the forfeiture of all retirement benefits received during the period;
   2. 2. A retired classified or nonclassified member who is employed by a public school to perform duties ordinarily performed by classified or nonclassified personnel shall be able to receive annualized earnings from the public school with no reduction in retirement benefits regardless of the amount of annualized earnings; and
   3. 3. A member shall be considered to be employed by a school district to perform the duties ordinarily performed by classified or nonclassified optional personnel if the member is hired by the school district in the member's individual capacity to perform the duties or if the member performs the duties through employment with a proprietorship, partnership, corporation, limited liability company or partnership, or any other business structure that has agreed or contracted to provide the services to the school district.
2. B. A public school district that employs a retired member shall be required to make contributions to the System for the retired member in an amount as required in Section 17-108.1 and in paragraph 3 of subsection B of Section 17-116.2 of this title.
3. C. For purposes of this section, postretirement employment of less than one thousand (1,000) hours per year with the Governor, the Oklahoma State Senate, the Oklahoma House of Representatives or the Legislative Service Bureau shall not be considered as postretirement employment with a public school of Oklahoma.
4. D. The Board of Trustees of the Teachers' Retirement System of Oklahoma shall promulgate such rules as are necessary to implement the provisions of this section.
5. E. A member who has entered into postretirement employment with a participating employer of the Teachers' Retirement System of Oklahoma must fully comply with all the provisions of the rules promulgated by the Board of Trustees pursuant to this section in order to continue receiving the member's monthly retirement benefit.

Laws 1993, SB 345, c. 290, § 1, emerg. eff. July 1, 1993; Amended by Laws 1994, HB 1959, c. 319, § 4, eff. September 1, 1994; Amended by Laws 1995, HB 1038, c. 295, § 3, emerg. eff. July 1, 1995; Amended by Laws 1997, SB 473, c. 185, § 1, emerg. eff. July 1, 1997 (superseded document available); Amended by Laws 1999, SB 504, c. 411, § 1, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2002, HB 2344, c. 180, § 1, emerg. eff. July 1, 2002 (superseded document available); Amended by Laws 2003, SB 663, c. 198, § 1, eff. July 1, 2003 (superseded document available); Amended by Laws 2004, HB 2643, c. 315, § 4, emerg. eff. July 1, 2004 (superseded document available); Amended by Laws 2008, HB 2074, c. 270, § 1, emerg. eff. July 1, 2008 (superseded document available); Amended by Laws 2011, SB 891, c. 271, § 1, eff. July 1, 2012 (superseded document available); Amended by Laws 2013, HB 2079, c. 101, § 4, eff. November 1, 2013 (superseded document available); Amended by Laws 2017, SB 428, c. 270, § 2, emerg. eff. July 1, 2017 (superseded document available); Amended by Laws 2021, SB 267, c. 401, § 1, emerg. eff. July 1, 2021 (superseded document available); Amended by Laws 2024, HB 2528, c. 300, § 9, emerg. eff. July 1, 2024 (superseded document available); Amended by Laws 2026, HB 2288, c. 115, § 2, emerg. eff. July 1, 2026 (superseded document available).