STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 1307	By:	Hoskin

AS INTRODUCED

An Act relating to labor; amending 40 O.S. 2011, Section 2-411, which relates to retirement payments; modifying effect of certain retirement payments on unemployment benefits; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     40 O.S. 2011, Section 2-411, is amended to read as follows:
Section 2-411.  RETIREMENT PAYMENTS.
1.  Except for any payment or benefit payment made pursuant to the federal Social Security Act or as otherwise provided in subparagraph 3 of this section, an individual shall be disqualified for benefits for any week which begins in a period with respect to which such individual is receiving a governmental or other pension, retirement or retired pay, annuity or any other similar periodic retirement payment which is based on the previous work of such individual if:
a.	such pension, retirement or retired pay, annuity or similar payment is under a plan maintained, or contributed to, by a base period or chargeable employer; and
b.	in the case of such a payment not made under the Railroad Retirement Act of 1974, 45 U.S.C., Section 231 et seq., services performed for such employer by the individual after the beginning of the base period, or remuneration for such services, affect eligibility for or increase the amount of, such pension, retirement or retired pay, annuity or similar payment.
2.  If the total of such remuneration is less than the benefits which would otherwise be due under the Employment Security Act of 1980, Section 1-101 et seq. of this title, the individual shall be entitled to receive for such week, if otherwise eligible, benefits reduced by the amount of such remuneration.
3.  If payments referred to in this section are being received by an individual under the federal Social Security Act or are being received by an individual under a pension, retirement or retired pay, annuity or other similar payment plan that the employee contributed to in any amount, the Commission shall take into account the individual’s contribution to social security or the pension, retirement or annuity plan and make no reduction in the weekly benefit amount.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-5195	LRB	01/04/13