Okla. Admin. Code § 715:10-1-7

Current through Vol. 42, No. 7, December 16, 2024

Section 715:10-1-7 - Membership in education associations

(a) Pursuant to Title 70 O.S. § 17-116.2, a member absent from employment in the public schools of Oklahoma because of election or appointment as a local, state or national education association officer prior to January 1, 2011, shall be allowed to retain membership in TRS by making the contribution required of such member by 70 O.S. §17-116.2 and any other applicable statute. For purposes of this section the following shall apply:

(1) An education association is defined as an organization of educators established for the sole purpose of promoting the advancement of educational goals in Oklahoma or at the national level. A local or state association must be duly organized under the laws of the state of Oklahoma with a charter or articles of incorporation filed with the appropriate state agency and must comply with all applicable laws of the state of Oklahoma. A national association must be duly registered or chartered for the purpose of furthering educational goals at the national level.

(2) An "officer in an association" is a current member of TRS who is elected or appointed to an employment position within the association commensurate with a position in the public schools of Oklahoma defined as "classified" personnel by 70 O.S. 17-101. The officer must receive compensation for services rendered commensurate with compensation received for similar services in the public schools of Oklahoma.

(3) A member must notify TRS in writing on the form provided by TRS, the member's intent to elect to continue membership in TRS within thirty (30) days of becoming employed by an eligible association. In making this election the member shall agree to make payment in accordance with 70 O.S. 17-116.2 for the period of employment that qualifies for continued membership and to comply with all statutes and rules of TRS in maintaining membership.

(4) The maximum years of creditable service a member may receive for one such absence shall not exceed twelve (12) continuous years. A member may again qualify for creditable service in an educational association provided that the member returns to employment in the public schools of Oklahoma for a minimum of the same number of years received as credit in the former education association.

(5) On the recommendation of the Executive Director, the Board of Trustees may deny eligibility to any local state or national association, when it is judged not to conform with the intent of 70 O.S. 17-116.2 or when it is determined that the association was not established for the sole purpose of promoting the advancement of education.

(6) Effective July 1, 1994, a member may elect to continue membership as provided in paragraph (3) above only if the member has ten (10) years of contributory Oklahoma service prior to July 1, 1994.

(b) Except as provided in the subsection above, election or appointment to a local, state or national education organization shall not qualify any person to accumulate service credit in TRS. Specifically, pursuant to 70 O.S. §509.12, a school employee who takes a leave of absence to hold office as an officer, director, trustee, or agent of a national, statewide, or school district employee association shall not be eligible to accumulate service credit during their period of absence.

Okla. Admin. Code § 715:10-1-7

Amended at 10 Ok Reg 3879, eff 7-12-93; Amended at 11 Ok Reg 4785, eff 9-12-94 through 7-14-95 (emergency)¹; Amended at 12 Ok Reg 3285, eff 7-27-95; Amended at 20 Ok Reg 380, eff 10-16-02 (emergency); Amended at 20 Ok Reg 2596, eff 7-11-03; Amended at 23 Ok Reg 640, eff 9-1-05 through 7-14-06 (emergency)²; Amended at 23 Ok Reg 3073, eff 7-27-06; Amended at 28 Ok Reg 981, eff 5-26-11; Amended at 29 Ok Reg 854, eff 8-1-12

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/1/2024

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 7-15-95 (after the 7-14-95 expiration of the emergency action), the text of section 715:10-1-7 reverted back to the permanent text that became effective 7-12-93, and remained as such until amended again by permanent action on 7-27-95.

2This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-06 (after the 7-14-06 expiration of the emergency action), the text of 715:10-1-7 reverted back to the text that became effective 7-11-03, as was last published in the 2005 OAC Supplement, and remained as such until amended again by permanent action on 7-27-06.