Oklahoma Administrative Code
Title 715 - Teachers' Retirement System
Chapter 10 - General Operations
Subchapter 11 - Withdrawal From Membership and Refund of Deposits
Section 715:10-11-1 - Withdrawal from membership by an eligible person
Current through Vol. 42, No. 1, September 16, 2024
Any member who terminates employment in the public schools of Oklahoma may voluntarily withdraw from membership in TRS under the following conditions:
(1) 70 O.S. §17-105 provides that members who leave Oklahoma public education employment are eligible to withdraw the contributions made to their TRS account four (4) months after termination. A former employee may submit application for the proceeds of the account after the last day physically worked. There are no exceptions to this waiting period.
(2) Written verification from the school's payroll department of a member's termination of employment and/or non-resumption of teaching contract must be on file before processing the Application for Withdrawal. The requirement for written verification from the school's payroll department may be waived by written request to the Executive Director of TRS for good cause shown. Good cause may be shown through undue hardship in obtaining the verification due to length of time that has passed since the employment ended (typically greater than 12 months), unavailability of employee records by the school's payroll department or other circumstances deemed as good cause by the Executive Director.
(3) The years of membership shall be calculated as follows:
(4) Interest on withdrawals shall bear a rate equivalent to that of the actuarially assumed rate of return for the System as determined by the Board of Trustees from time to time, calculated according to the following schedule:
(5) Interest payment on withdrawals shall be paid as follows:
(6) A person whose membership has not terminated due to five (5) years of absence from Oklahoma public education employment, but who has applied to withdraw all accumulated contributions, shall not have membership terminated until the withdrawal payment has been processed.
(7) Effective July 1, 1990, no member is eligible to withdraw contributions made on a pre-tax basis, unless the employee has terminated employment in the public schools for a period of four months.
Amended at 13 Ok Reg 3899, eff 8-5-96 through 7-14-97 (emergency)1; Amended at 14 Ok Reg 3216, eff 7-25-97; Amended at 19 Ok Reg 2729, eff 7-11-02; Amended at 21 Ok Reg 3091, eff 8-21-03 through 7-14-04 (emergency)2; Amended at 21 Ok Reg 3099, eff 8-12-04; Amended at 29 Ok Reg 854, eff 8-1-12
1This 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 7-15-97 (after the 7-14-97 expiration of the emergency action), the text of section 715:10-11-1 reverted back to the permanent text that was effective prior to enactment of the emergency action on 8-5-96, as last published in the 1996 Edition of the OAC, and remained as such until amended by permanent action on 7-25-97.
2This 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 715:10-11-1 reverted back to the permanent text that became effective 7-11-02, as was last published in the 2003 OAC Supplement, and remained as such until amended by permanent action on 8-12-04.