SECTION 715:10-7-3. Termination because of absence

  Membership in the Teachers' Retirement System shall terminate if the member ceases to be an active contributing member for a period of five (5) consecutive school years unless the member has five (5) or more years of creditable service in the public schools of Oklahoma and does not voluntarily withdraw his account.

(1)   Membership rights shall be protected during an absence of not more than five (5) years, in any period of six (6) consecutive years, for non-vested members; (i.e., for members who have less than five (5) years of contributory employment in the public schools of Oklahoma).

(2)   If employment terminates with the close of the school term, the five (5) year period of absence shall begin with the next fiscal year. If employment ends during the school term, the period of absence shall begin the first day of the month that follows termination.

(3)   After a non-vested member is absent from employment in the public schools of Oklahoma for five (5) years during any period of six (6) consecutive years, the member's Teachers' Retirement System account shall be closed with no rights to monthly retirement benefits. The member's contributions should be withdrawn as no interest accrues on accounts closed because of absence from employment.

(4)   A member whose absence exceeds five (5) years due to military service shall be granted an eighteen (18) month extension, from date of discharge, to re-enter Oklahoma public education employment in order to retain membership in Teachers' Retirement System.

[Source: Amended at 21 Ok Reg 3091, eff 8-21-03 through 7-14-04 (emergency); Amended at 21 Ok Reg 3099, eff 8-12-04]

Note

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 7-15-04 (after the 7-14-04 expiration of the emergency action), the text of section 715:10-7-3 reverted back to the permanent text that was effective prior to enactment of the emergency action on 8-21-03, as last published in the 2001 Edition of the OAC, and remained as such until amended by permanent rulemaking on 8-12-04.