Attorney General opinion, 2012-8, 05/22/2012

              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
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