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RBH No. 17083
ENGR. H. B. NO. 1889 Page 1
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ENGROSSED HOUSE
BILL NO. 1889 By: May, Ford, Deck, and Kelley
of the House
and
Frix and Weaver of the
Senate
An Act relating to public retirement systems;
amending 62 O.S. 2021, Section 3103, as last amended
by Section 2, Chapter 361, O.S.L. 2024 (62 O.S. Supp.
2025, Section 3103), which relates to the Oklahoma
Pension Legislation Actuarial Analysis Act; modifying
terms; defining terms; directing the Oklahoma
Firefighters Pension and Retirement Board to
implement a benefit adjustment; directing the
Oklahoma Police Pension and Retirement Board to
implement a benefit adjustment; providing for
codification; providing effective dates; providing
for contingent effective dates based on outcome of
approval of the emergency clause; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 62 O.S. 2021, Section 3103, as
last amended by Section 2, Chapter 361, O.S.L. 2024 (62 O.S. Supp.
2025, Section 3103), is amended to read as follows:
Section 3103. As used in the Oklahoma Pension Legislation
Actuarial Analysis Act:
1. "Amendment" means any amendment, including a substitute
bill, made to a retirement bill by any committee of the House of
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Representatives or Senate, any conference committee of the House or
Senate or by the House or Senate;
2. "RB number" means that number preceded by the letters "RB"
assigned to a retirement bill by the respective staffs of the
Oklahoma State Senate and the Oklahoma House of Representatives when
the respective staff office prepares a retirement bill for a member
of the Legislature;
3. "Legislative Actuary" means the firm or entity that enters
into a contract with the Legislative Service Bureau pursuant to
Section 452.15 of Title 74 of the Oklahoma Statutes to provide the
actuarial services and other duties provided for in the Oklahoma
Pension Legislation Actuarial Analysis Act;
4. "Nonfiscal amendment" means an amendment to a retirement
bill having a fiscal impact, which amendment does not change any
factor of an actuarial investigation specified in subsection A of
Section 3109 of this title;
5. "Nonfiscal retirement bill" means a retirement bill:
a. which does not affect the cost or funding factors of a
retirement system,
b. which affects such factors only in a manner which does
not:
(1) grant a benefit increase under the retirement
system affected by the bill,
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(2) create an actuarial accrued liability for or
increase the actuarial accrued liability of the
retirement system affected by the bill, or
(3) increase the normal cost of the retirement system
affected by the bill,
c. which authorizes the purchase by an active member of
the retirement system, at the actuarial cost for the
purchase as computed pursuant to the statute in effect
on the effective date of the measure allowing such
purchase, of years of service for purposes of reaching
a normal retirement date in the applicable retirement
system, but which cannot be used in order to compute
the number of years of service for purposes of
computing the retirement benefit for the member,
d. which provides for the computation of a service-
connected disability retirement benefit for members of
the Oklahoma Law Enforcement Retirement System
pursuant to Section 2-305 of Title 47 of the Oklahoma
Statutes if the members were unable to complete twenty
(20) years of service as a result of the disability,
e. which requires membership in the defined benefit plan
authorized by Section 901 et seq. of Title 74 of the
Oklahoma Statutes for persons whose first elected or
appointed service occurs on or after November 1, 2018,
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ENGR. H. B. NO. 1889 Page 4
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if such persons had any prior service in the Oklahoma
Public Employees Retirement System prior to November
1, 2015,
f. which provides for a one-time increase in retirement
benefits if the increase in retirement benefits is not
a permanent increase in the gross annual retirement
benefit payable to a member or beneficiary, occurs
only once pursuant to a single statutory authorization
and does not exceed:
(1) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
Thousand Dollars ($1,000.00) and requires that
the benefit may only be provided if the funded
ratio of the affected retirement system would not
be less than sixty percent (60%) but not greater
than eighty percent (80%) after the benefit
increase is paid,
(2) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
Thousand Two Hundred Dollars ($1,200.00) and
requires that the benefit may only be provided if
the funded ratio of the affected retirement
system would be greater than eighty percent (80%)
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but not greater than one hundred percent (100%)
after the benefit increase is paid,
(3) the lesser of two percent (2%) of the gross
annual retirement benefit of the member or One
Thousand Four Hundred Dollars ($1,400.00) and
requires that the benefit may only be provided if
the funded ratio of the affected retirement
system would be greater than one hundred percent
(100%) after the benefit increase is paid, or
(4) the greater of two percent (2%) of the gross
annual retirement benefit of the volunteer
firefighter or One Hundred Dollars ($100.00) for
persons who retired from the Oklahoma
Firefighters Pension and Retirement System as
volunteer firefighters and who did not retire
from the Oklahoma Firefighters Pension and
Retirement System as a paid firefighter.
As used in this subparagraph, "funded ratio" means the
figure derived by dividing the actuarial value of
assets of the applicable retirement system by the
actuarial accrued liability of the applicable
retirement system,
g. which modifies the disability pension standard for
police officers who are members of the Oklahoma Police
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ENGR. H. B. NO. 1889 Page 6
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Pension and Retirement System as provided by Section
50-115 of Title 11 of the Oklahoma Statutes,
h. which provides a cost-of-living benefit increase
pursuant to the provisions of:
(1) Section 49-143.7 of Title 11 of the Oklahoma
Statutes,
(2) Section 50-136.9 of Title 11 of the Oklahoma
Statutes,
(3) Section 1104K of Title 20 of the Oklahoma
Statutes,
(4) Section 2-305.12 of Title 47 of the Oklahoma
Statutes,
(5) Section 17-116.22 of Title 70 of the Oklahoma
Statutes,
(6) Section 930.11 of Title 74 of the Oklahoma
Statutes,
i. which modifies the computation of the line-of-duty
disability benefit pursuant to the provisions of this
section and Sections 50-101 and 50-115 of Title 11 of
the Oklahoma Statutes, or
j. which authorizes membership in the Oklahoma Law
Enforcement Retirement System for active commissioned
or CLEET-certified agents of the Office of the
Attorney General or the Military Department of the
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State of Oklahoma pursuant to Sections 3 2-309.9 and 4
2-309.10 of this act Title 47 of the Oklahoma
Statutes, or
k. which authorizes the Oklahoma Firefighters Pension and
Retirement Board and the Oklahoma Police Pension and
Retirement Board to implement a benefit adjustment
pursuant to Sections 2 and 3 of this act.
A nonfiscal retirement bill shall include any retirement bill that
has as its sole purpose the appropriation or distribution or
redistribution of monies in some manner to a retirement system for
purposes of reducing the unfunded liability of such system or the
earmarking of a portion of the revenue from a tax to a retirement
system or increasing the percentage of the revenue earmarked from a
tax to a retirement system;
6. "Reduction-in-cost amendment" means an amendment to a
retirement bill having a fiscal impact which reduces the cost of the
bill as such cost is determined by the actuarial investigation for
the bill prepared pursuant to Section 3109 of this title;
7. "Retirement bill" means any bill or joint resolution
introduced or any bill or joint resolution amended by a member of
the Legislature which creates or amends any law directly affecting a
retirement system. A retirement bill shall not mean a bill or
resolution that impacts the revenue of any state tax in which a
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portion of the revenue generated from such tax is earmarked for the
benefit of a retirement system;
8. "Retirement bill having a fiscal impact" means any
retirement bill creating or establishing a retirement system and any
other retirement bill other than a nonfiscal retirement bill; and
9. "Retirement system" means the Teachers' Retirement System of
Oklahoma, the Oklahoma Public Employees Retirement System, the
Uniform Retirement System for Justices and Judges, the Oklahoma
Firefighters Pension and Retirement System, the Oklahoma Police
Pension and Retirement System, the Oklahoma Law Enforcement
Retirement System, or a retirement system established after January
1, 2006.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 49-143.8 of Title 11, unless
there is created a duplication in numbering, reads as follows:
A. For purposes of this section, the following definitions
shall apply:
1. "Initial COLA Benefit" means the accrued retirement benefit
which will be used as the base benefit for determining the Target
COLA Benefit. The Initial COLA Benefit equals the benefit in
payment status as of the Initial COLA Benefit Date. Furthermore,
this benefit shall reflect adjustment for military service credits,
if any, granted after the Initial COLA Benefit Date;
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2. "Initial COLA Benefit Date" means the latter of the member's
date of benefit commencement or May 27, 1983. This date is used in
the definition of Initial COLA Benefit and Target COLA Benefit;
3. "CPI-U" means the Consumer Price Index for all urban
consumers for all goods and services, as published by the Bureau of
Labor Statistics, U.S. Department of Labor. This is used as a
measure of price inflation for the development of the Target COLA
Benefit defined below; and
4. "Target COLA Benefit" is the Initial COLA Benefit adjusted
to reflect price inflation as measured by the CPI-U. The Target
COLA Benefit is calculated for each eligible member to equal the
member's Initial COLA Benefit multiplied by a ratio of (A) divided
by (B) as follows:
(A) is the CPI-U as of July 1, 2026.
(B) is the CPI-U as of July 1 of the calendar year of the
Initial COLA Benefit Date; and
5. "Tweener" means a member, or his or her beneficiary, who was
not retired and did not have twenty (20) years of credited service
as of May 26, 1983, and who retired before November 1, 1989.
Tweeners are not eligible for an increase in benefits pursuant to
repealed Section 49-136 of this title and were not eligible to
participate in the Oklahoma Firefighters Deferred Option Plan
pursuant to Section 49-106.1 of this title.
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B. The Board shall, effective July 1, 2026, implement a benefit
adjustment to increase, if necessary, the retirement benefit for a
Tweener receiving benefits from the System as of June 30, 2026.
This benefit adjustment is intended to restore one hundred percent
(100%) of the loss of the Initial COLA Benefit, if any, due to price
inflation, as measured by the CPI-U. The benefit adjustment shall
be one hundred percent (100%) of the amount by which the Target COLA
Benefit is in excess, if any, of the June 30, 2026, retirement
benefit.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 50-136.10 of Title 11, unless
there is created a duplication in numbering, reads as follows:
A. For purposes of this section, the following definitions
shall apply:
1. "Initial COLA Benefit" means the accrued retirement benefit
which will be used as the base benefit for determining the Target
COLA Benefit. The Initial COLA Benefit equals the benefit in
payment status as of the Initial COLA Benefit Date. Furthermore,
this benefit shall reflect adjustment for military service credits,
if any, granted after the Initial COLA Benefit Date;
2. "Initial COLA Benefit Date" means the latter of the member's
date of benefit commencement or May 26, 1983. This date is used in
the definition of Initial COLA Benefit and Target COLA Benefit;
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3. "CPI-U" means the Consumer Price Index for all urban
consumers for all goods and services, as published by the Bureau of
Labor Statistics, U.S. Department of Labor. This is used as a
measure of price inflation for the development of the Target COLA
Benefit defined below; and
4. "Target COLA Benefit" is the Initial COLA Benefit adjusted
to reflect price inflation as measured by the CPI-U. The Target
COLA Benefit is calculated for each eligible member to equal the
member's Initial COLA Benefit multiplied by a ratio of (A) divided
by (B) as follows:
(A) is the CPI-U as of July 1, 2026.
(B) is the CPI-U as of July 1 of the calendar year of the
Initial COLA Benefit Date; and
5. "Tweener" means a member, or their beneficiary, who was not
retired and did not have twenty (20) years of credited service as of
May 25, 1983, and who retired before June 30, 1990. Tweeners are
not eligible for an increase in benefits pursuant to repealed
Section 50-120 of this title and were not eligible to participate in
the Oklahoma Police Deferred Option Plan pursuant to Section 50-
111.3 of this title.
B. The Board shall, effective July 1, 2026, implement a benefit
adjustment to increase, if necessary, the retirement benefit for a
Tweener receiving benefits from the System as of June 30, 2026.
This benefit adjustment is intended to restore one hundred percent
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(100%) of the loss of the Initial COLA Benefit, if any, due to price
inflation, as measured by the CPI-U. The benefit adjustment shall
be one hundred percent (100%) of the amount by which the Target COLA
Benefit is in excess, if any, of the June 30, 2026, retirement
benefit.
SECTION 4. If the Emergency Clause is not approved pursuant to
the requirements of the Oklahoma Constitution as part of this
measure, the effective date of Section 1 of this act shall be
October 1, 2026.
SECTION 5. If the Emergency Clause is not approved pursuant to
the requirements of the Oklahoma Constitution as part of this
measure, the effective date of Sections 2 and 3 of this act shall be
November 1, 2026.
SECTION 6. Except as otherwise provided by Section 4 of this
act, Section 1 of this act shall become effective immediately upon
signature by the Governor or as otherwise provided by Section 58 of
Article V of the Oklahoma Constitution.
SECTION 7. Except as otherwise provided by Section 5 of this
act, Sections 2 and 3 of this act shall become effective July 1,
2026.
SECTION 8. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
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Passed the House of Representatives the 11th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate