STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 79	By:	Barrington

AS INTRODUCED

An Act relating to the Oklahoma Firefighters Pension and Retirement System; amending 11 O.S. 2001, Section 49-116, as last amended by Section 6, Chapter 128, O.S.L. 2003 (11 O.S. Supp. 2010, Section 49-116), which relates to firefighter agility tests and physical exams; exempting persons from the requirement of agility tests and physical exams under certain circumstances; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     11 O.S. 2001, Section 49-116, as last amended by Section 6, Chapter 128, O.S.L. 2003 (11 O.S. Supp. 2010, Section 49-116), is amended to read as follows:
Section 49-116.  A.  All candidates being considered for a position of a paid firefighter shall pass the required pre-employment offer physical performance/agility test based on standards established by the State Board; provided that the time between the administration of the physical performance/agility test approval for membership in the System by the Executive Director and the candidate’s actual hire date by the participating municipality is less than twelve (12) months, provided further that a volunteer firefighter who passes an agility test at the time he or she is enrolled as a firefighter in a combination paid and volunteer fire department shall not be required to take a second agility test at the time of appointment as a paid firefighter in the same fire department.  Beginning July 1, 2010, a paid firefighter who is terminated due to a reduction in force by a participating municipality shall not be required to take a second agility test at the time the person is reinstated back to duty by the same participating municipality who instituted the reduction in force.  After review of a candidate’s physical performance/agility test presented to the System by a participating municipality or its fire department, the Executive Director may require that a second physical performance/agility test be administered to said candidate by and under the supervision of the Executive Director.  Successful completion of the second physical performance/agility test shall be required before said candidate’s application for membership in the System can be approved.
B.  The State Board shall require that any candidate applying for entrance as a member of the System, who has been offered a position of a paid firefighter and before entering the employment of a participating municipality as a paid firefighter, must successfully complete a physical examination, as promulgated by the administrative rules established by the State Board, in order to participate and qualify to receive any benefits from the System; provided that when the System receives all the information necessary for entrance into the System, including written notice from the System’s physician that the candidate has met the minimum medical requirements for entrance, the Executive Director shall have the authority to approve an entrance date for the candidate no earlier than the date all the necessary information for entrance is received or the actual hire date whichever is later; provided that the time between the administration of the physical examination approval for membership in the System by the Executive Director and the candidate’s actual hire date by the participating municipality is less than six (6) months.  All candidates shall be of good moral character, free from deformities, mental or physical conditions, disease and alcohol or drug addiction, which would prohibit a candidate from performing duties as a firefighter.  The State Board shall have the authority to deny or revoke the membership of a candidate submitting false information in such candidate’s membership application and shall have final authority in determining eligibility for membership pursuant to the provisions of this article.  This subsection shall not apply to any person who terminates employment with a participating municipality as a paid firefighter and is reemployed by the participating municipality or employed by another participating municipality within six (6) months of such termination, unless such person was terminated for medical reasons.  Beginning July 1, 2010, a paid firefighter who is terminated due to a reduction in force by a participating municipality and is reinstated by the participating municipality that instituted the reduction in force within twenty-four (24) months of the effective date of the reduction in force shall not be required to successfully complete a second physical examination.
C.  Any person retired for disability under this article may be summoned before the State Board herein provided for, any time hereafter, and shall submit himself thereto for examination as to his fitness for duty, and shall abide the decision and order of the State Board with reference thereto; and all members of the fire department, who may be retired under the provisions of this article, shall report to some physician designated by the State Board when so retired, as required by the State Board.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and 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.

53-1-461	ARE	1/24/2004 1:31:00 AM