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OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA ATTORNEY GENERAL OPINION 2012-8 Tom Spencer, Executive Director Oklahoma Public Employees Retirement System P.O. Box 53007 Oklahoma City, Oklahoma 73152 Dear Mr. Spencer: May 22, 2012 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Title 74 0.S.2011, § 913(B)(7) provides in pertinent part as follows: "The total participating service credit of a member who retires or terminates employment and elects a vested benefit shall include not to exceed one hundred thirty (130) days of unused sick leave ... during the member's employment with any participating employer." If a participating employer in the Oklahoma Public Employees Retirement System ("OPERS"), other than a state agency, adopts a sick leave policy that permits the accrual of sick leave, may such a participating employer lawfully adopt and enforce a sick leave policy that prohibits any accrued unused sick leave from being used towards participating service credit in OPERS under 74 0.S.2011, § 913(B)(7)? 2. If the answer to Question 1 is no and if a participating employer in OPERS has an existing policy that prohibits its employees from using unused sick leave towards participating service credit pursuant to 74 0.S.2011, § 913(B)(7), are these employees permitted to have such unused sick leave reinstated for purposes of total participating service credit? 3. If a participating employer in OPERS, other than a state agency, hires a new employee in a full-time job position and places them in a probationary or temporary status, is the employer required to pay employee and employer contributions to OPERS during the probationary or temporary period? 313 N.E. 21ST STREET· OKLAHOMA CITY, OK 73105· (405) 521-3921 • FAX: (405) 521-6246 A \.1 recycled paper
Object Description
Okla State Agency |
Attorney General, Oklahoma |
Okla Agency Code |
'049' |
Title | Attorney General opinion, 2012-8, 05/22/2012 |
Authors |
Oklahoma. Office of the Attorney General. Spencer, Tom. |
Publication Date | 2012-05-22 |
Purpose | Unused sick leave |
For all issues click | A3600.6 O61a |
Digital Format | PDF, Adobe Reader required |
ODL electronic copy | Downloaded from agency website: http://www.oag.state.ok.us/oagweb.nsf/a04cdf96201b5ef3862572b4007b9753/dc4ede62c90878a086257a06006cc926!OpenDocument |
Rights and Permissions | This Oklahoma state government publication is provided for educational purposes under U.S. copyright law. Other usage requires permission of copyright holders. |
Language | English |
Month/year uploaded | May 2012 |
Date created | 2014-12-21 |
Date modified | 2014-12-21 |
OCLC number | 890218865 |
Description
Title | 2012-8 ocr 1 |
Full text | OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA ATTORNEY GENERAL OPINION 2012-8 Tom Spencer, Executive Director Oklahoma Public Employees Retirement System P.O. Box 53007 Oklahoma City, Oklahoma 73152 Dear Mr. Spencer: May 22, 2012 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Title 74 0.S.2011, § 913(B)(7) provides in pertinent part as follows: "The total participating service credit of a member who retires or terminates employment and elects a vested benefit shall include not to exceed one hundred thirty (130) days of unused sick leave ... during the member's employment with any participating employer." If a participating employer in the Oklahoma Public Employees Retirement System ("OPERS"), other than a state agency, adopts a sick leave policy that permits the accrual of sick leave, may such a participating employer lawfully adopt and enforce a sick leave policy that prohibits any accrued unused sick leave from being used towards participating service credit in OPERS under 74 0.S.2011, § 913(B)(7)? 2. If the answer to Question 1 is no and if a participating employer in OPERS has an existing policy that prohibits its employees from using unused sick leave towards participating service credit pursuant to 74 0.S.2011, § 913(B)(7), are these employees permitted to have such unused sick leave reinstated for purposes of total participating service credit? 3. If a participating employer in OPERS, other than a state agency, hires a new employee in a full-time job position and places them in a probationary or temporary status, is the employer required to pay employee and employer contributions to OPERS during the probationary or temporary period? 313 N.E. 21ST STREET· OKLAHOMA CITY, OK 73105· (405) 521-3921 • FAX: (405) 521-6246 A \.1 recycled paper |
Date created | 2012-05-30 |
Date modified | 2012-05-30 |