Old | New | Differences | |
---|---|---|---|
1 | - | An Act | |
2 | - | ENROLLED HOUSE | |
1 | + | ||
2 | + | ||
3 | + | ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 1 1 | |
4 | + | 2 | |
5 | + | 3 | |
6 | + | 4 | |
7 | + | 5 | |
8 | + | 6 | |
9 | + | 7 | |
10 | + | 8 | |
11 | + | 9 | |
12 | + | 10 | |
13 | + | 11 | |
14 | + | 12 | |
15 | + | 13 | |
16 | + | 14 | |
17 | + | 15 | |
18 | + | 16 | |
19 | + | 17 | |
20 | + | 18 | |
21 | + | 19 | |
22 | + | 20 | |
23 | + | 21 | |
24 | + | 22 | |
25 | + | 23 | |
26 | + | 24 | |
27 | + | ||
28 | + | ENGROSSED SENATE AMENDMENT | |
29 | + | TO | |
30 | + | ENGROSSED HOUSE | |
31 | + | BILL NO. 2824 By: Sneed of the House | |
32 | + | ||
33 | + | ||
34 | + | and | |
35 | + | ||
36 | + | Quinn of the Senate | |
37 | + | ||
38 | + | ||
39 | + | ||
40 | + | ||
41 | + | ||
42 | + | An Act relating to state government; amending 74 O.S. | |
43 | + | 2011, Section 1316.2, as last amended by Section 3, | |
44 | + | Chapter 419, O.S.L. 2014 (7 4 O.S. Supp. 2020, Section | |
45 | + | 1316.2), which relates to the Oklahoma Employees | |
46 | + | Insurance and Benefits Act; allowing for certain | |
47 | + | payments by a qualified benefits administrator; and | |
48 | + | providing an effective date. | |
49 | + | ||
50 | + | ||
51 | + | ||
52 | + | ||
53 | + | ||
54 | + | AMENDMENT NO. 1. Page 1, strike the title, en acting clause and | |
55 | + | entire bill and insert | |
56 | + | ||
57 | + | ||
58 | + | “An Act relating to state government; amending 74 | |
59 | + | O.S. 2011, Section 1316.2, as last amended by Section | |
60 | + | 3, Chapter 419, O.S.L. 2014 (74 O.S. Supp. 2020, | |
61 | + | Section 1316.2), which relates to the Oklahoma | |
62 | + | Employees Insurance and Benefits Act; allowing for | |
63 | + | certain payments by an administrator of qualified | |
64 | + | benefits; and providing an effective date. | |
65 | + | ||
66 | + | ||
67 | + | ||
68 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
69 | + | SECTION 1. AMENDATORY 74 O.S. 2011, Secti on 1316.2, as | |
70 | + | last amended by Section 3, Chapter 419, O.S.L. 2014 (74 O.S. Supp. | |
71 | + | 2020, Section 1316.2), is amended to read as follows: | |
72 | + | ||
73 | + | ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 2 1 | |
74 | + | 2 | |
75 | + | 3 | |
76 | + | 4 | |
77 | + | 5 | |
78 | + | 6 | |
79 | + | 7 | |
80 | + | 8 | |
81 | + | 9 | |
82 | + | 10 | |
83 | + | 11 | |
84 | + | 12 | |
85 | + | 13 | |
86 | + | 14 | |
87 | + | 15 | |
88 | + | 16 | |
89 | + | 17 | |
90 | + | 18 | |
91 | + | 19 | |
92 | + | 20 | |
93 | + | 21 | |
94 | + | 22 | |
95 | + | 23 | |
96 | + | 24 | |
97 | + | ||
98 | + | Section 1316.2. A. Any employee, other than an education | |
99 | + | employee, who retires pursuant to the provisions of the Oklaho ma | |
100 | + | Public Employees Retirement System or who has a vested benefit | |
101 | + | pursuant to the provisions of the Oklahoma Public Employees | |
102 | + | Retirement System may continue in force the health and dental | |
103 | + | insurance benefits authorized by the provisions of the Oklahoma | |
104 | + | Employees Insurance and Benefits Act, or other employer insurance | |
105 | + | benefits if the employer does not participate in the plans offered | |
106 | + | by the Office of Management and Enterprise Services, if such | |
107 | + | election to continue in force is made within thirty (30) days from | |
108 | + | the date of termination of service. Except as otherwise provided | |
109 | + | for in Section 840-2.27I of this title and subsection H of this | |
110 | + | section, health and dental insurance coverage may not be reinstated | |
111 | + | at a later time if the election to continue in force is d eclined. | |
112 | + | Vested employees other than education employees who have terminated | |
113 | + | service and are not receiving benefits and effective July 1, 1996, | |
114 | + | nonvested persons who have terminated service with more than eight | |
115 | + | (8) years of participating service with a pa rticipating employer, | |
116 | + | who within thirty (30) days from the date of termination of service | |
117 | + | elect to continue such coverage, shall pay the full cost of the | |
118 | + | insurance premium at the rate and pursuant to the terms and | |
119 | + | conditions established by the Office. Pro vided also, any employee | |
120 | + | other than an education employee who commences employment with a | |
121 | + | participating employer on or after September 1, 1991, who terminates | |
122 | + | ||
123 | + | ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 3 1 | |
124 | + | 2 | |
125 | + | 3 | |
126 | + | 4 | |
127 | + | 5 | |
128 | + | 6 | |
129 | + | 7 | |
130 | + | 8 | |
131 | + | 9 | |
132 | + | 10 | |
133 | + | 11 | |
134 | + | 12 | |
135 | + | 13 | |
136 | + | 14 | |
137 | + | 15 | |
138 | + | 16 | |
139 | + | 17 | |
140 | + | 18 | |
141 | + | 19 | |
142 | + | 20 | |
143 | + | 21 | |
144 | + | 22 | |
145 | + | 23 | |
146 | + | 24 | |
147 | + | ||
148 | + | service with such employer on or after July 1, 1996, but who | |
149 | + | otherwise has insufficient years of service to retire or terminate | |
150 | + | service with a vested benefit pursuant to the provisions of the | |
151 | + | Oklahoma Public Employees Retirement System or to elect to continue | |
152 | + | coverage as a nonvested employee as provided in this section, but | |
153 | + | who, immediately prior to e mployment with the participating | |
154 | + | employer, was covered as a dependent on the health and dental | |
155 | + | insurance policy of a spouse who was an active employee other than | |
156 | + | an education employee, may count as part of his or her credited | |
157 | + | service for the purpose of det ermining eligibility to elect to | |
158 | + | continue coverage under this section, the time during which the | |
159 | + | terminating employee was covered as such a dependent. | |
160 | + | B. 1. Health insurance benefit plans offered pursuant to this | |
161 | + | section shall include: | |
162 | + | a. indemnity plans offered through the Office, | |
163 | + | b. managed care plans offered as alternatives to the | |
164 | + | indemnity plans offered through the Office, | |
165 | + | c. Medicare supplements offered pursuant to the Oklahoma | |
166 | + | Employees Insurance and Benefits Act, | |
167 | + | d. Medicare risk-sharing contracts offered as | |
168 | + | alternatives to the Medicare supplements offered | |
169 | + | through the Office. All Medicare risk -sharing | |
170 | + | contracts shall be subject to a risk adjustment | |
171 | + | ||
172 | + | ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 4 1 | |
173 | + | 2 | |
174 | + | 3 | |
175 | + | 4 | |
176 | + | 5 | |
177 | + | 6 | |
178 | + | 7 | |
179 | + | 8 | |
180 | + | 9 | |
181 | + | 10 | |
182 | + | 11 | |
183 | + | 12 | |
184 | + | 13 | |
185 | + | 14 | |
186 | + | 15 | |
187 | + | 16 | |
188 | + | 17 | |
189 | + | 18 | |
190 | + | 19 | |
191 | + | 20 | |
192 | + | 21 | |
193 | + | 22 | |
194 | + | 23 | |
195 | + | 24 | |
196 | + | ||
197 | + | factor, based on generally accepted actuarial | |
198 | + | principles for adverse selection which may occur, and | |
199 | + | e. for the Oklahoma Public Employee Employees Retirement | |
200 | + | System, other employer -provided health insurance | |
201 | + | benefit plans if the employer does not participate in | |
202 | + | the plans offered pursuant to the Oklahoma Employees | |
203 | + | Insurance and Benefits Act. | |
204 | + | 2. Health insurance benefit plans offered pursuant to this | |
205 | + | section shall provide prescription drug benefits, except for plans | |
206 | + | designed pursuant to the Medicare Prescription Drug Improvement and | |
207 | + | Modernization Act of 2003, for which provision of prescription drug | |
208 | + | benefits is optional, and except for plans offered pursuant to | |
209 | + | subparagraph e of paragraph 1 of this subsection. | |
210 | + | C. 1. Designated public retirement systems shall contribute a | |
211 | + | monthly amount towards the health insurance premium of certain | |
212 | + | individuals receiving ben efits from the public retirement system as | |
213 | + | follows: | |
214 | + | a. a retired employee, other than an education employee | |
215 | + | or an employee who participates in the defined | |
216 | + | contribution system administered by the Oklahoma | |
217 | + | Public Employees Retirement System on or after | |
218 | + | November 1, 2015, who is receiving benefits from the | |
219 | + | Oklahoma Public Employees Retirement System after | |
220 | + | September 30, 1988, shall have One Hundred Five | |
221 | + | ||
222 | + | ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 5 1 | |
223 | + | 2 | |
224 | + | 3 | |
225 | + | 4 | |
226 | + | 5 | |
227 | + | 6 | |
228 | + | 7 | |
229 | + | 8 | |
230 | + | 9 | |
231 | + | 10 | |
232 | + | 11 | |
233 | + | 12 | |
234 | + | 13 | |
235 | + | 14 | |
236 | + | 15 | |
237 | + | 16 | |
238 | + | 17 | |
239 | + | 18 | |
240 | + | 19 | |
241 | + | 20 | |
242 | + | 21 | |
243 | + | 22 | |
244 | + | 23 | |
245 | + | 24 | |
246 | + | ||
247 | + | Dollars ($105.00), or the premium rate of the health | |
248 | + | insurance benefit plan, whichever is less, paid by the | |
249 | + | Oklahoma Public Employees Retirement System to the | |
250 | + | Board or other to another insurance carrier or other | |
251 | + | qualified benefits administrator of the employer if | |
252 | + | the employer does not participate in the plans offered | |
253 | + | by the Office in the manner specified in subsec tion G | |
254 | + | of this section, | |
255 | + | b. a retired employee or surviving spouse other than an | |
256 | + | education employee who is receiving benefits from the | |
257 | + | Oklahoma Law Enforcement Retirement System after | |
258 | + | September 30, 1988, is under sixty -five (65) years of | |
259 | + | age and is not otherwise eligible for Medicare shall | |
260 | + | have the premium rate for the health insurance benefit | |
261 | + | plan or One Hundred Five Dollars ($105.00), whichever | |
262 | + | is less, paid by the Oklahoma Law Enforcement | |
263 | + | Retirement System to the Office in the manner | |
264 | + | specified in subsecti on G of this section, | |
265 | + | c. a retired employee other than an education employee | |
266 | + | who is receiving benefits from the Oklahoma Law | |
267 | + | Enforcement Retirement System after September 30, | |
268 | + | 1988, is sixty-five (65) years of age or older or who | |
269 | + | is under sixty-five (65) years of age and is eligible | |
270 | + | for Medicare shall have One Hundred Five Dollars | |
271 | + | ||
272 | + | ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 6 1 | |
273 | + | 2 | |
274 | + | 3 | |
275 | + | 4 | |
276 | + | 5 | |
277 | + | 6 | |
278 | + | 7 | |
279 | + | 8 | |
280 | + | 9 | |
281 | + | 10 | |
282 | + | 11 | |
283 | + | 12 | |
284 | + | 13 | |
285 | + | 14 | |
286 | + | 15 | |
287 | + | 16 | |
288 | + | 17 | |
289 | + | 18 | |
290 | + | 19 | |
291 | + | 20 | |
292 | + | 21 | |
293 | + | 22 | |
294 | + | 23 | |
295 | + | 24 | |
296 | + | ||
297 | + | ($105.00), or the premium rate of the health insurance | |
298 | + | benefit plan, whichever is less, paid by the Oklahoma | |
299 | + | Law Enforcement Retirement System to the Office in the | |
300 | + | manner specified in subsection G of this section, and | |
301 | + | d. a retired employee other than an education employee | |
302 | + | who is receiving benefits from the Uniform Retirement | |
303 | + | System for Justices and Judges after September 30, | |
304 | + | 1988, shall have One Hundred Five Dollars ($105.00), | |
305 | + | or the premium rate of the health insurance plan, | |
306 | + | whichever is less, paid by the Uniform Retirement | |
307 | + | System for Justices and Judges to the Office in the | |
308 | + | manner specified in subsection G of this section. | |
309 | + | 2. Premium payments made pursuant to this section shall be made | |
310 | + | subject to the following conditions: | |
311 | + | a. the health plan shall be authorized by the provisions | |
312 | + | of the Oklahoma Employees Insurance and Benefits Act, | |
313 | + | except that if an employer from which an employee | |
314 | + | retired or with a vested benefit pursuant to the | |
315 | + | provisions of the Oklahoma Public Employees Retirement | |
316 | + | System does not participate in the plans authorized by | |
317 | + | the provisions of the Oklahoma Employees Insurance and | |
318 | + | Benefits Act, the health plan will be the health | |
319 | + | insurance benefits of the employer from which the | |
320 | + | individual retired or vested, | |
321 | + | ||
322 | + | ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 7 1 | |
323 | + | 2 | |
324 | + | 3 | |
325 | + | 4 | |
326 | + | 5 | |
327 | + | 6 | |
328 | + | 7 | |
329 | + | 8 | |
330 | + | 9 | |
331 | + | 10 | |
332 | + | 11 | |
333 | + | 12 | |
334 | + | 13 | |
335 | + | 14 | |
336 | + | 15 | |
337 | + | 16 | |
338 | + | 17 | |
339 | + | 18 | |
340 | + | 19 | |
341 | + | 20 | |
342 | + | 21 | |
343 | + | 22 | |
344 | + | 23 | |
345 | + | 24 | |
346 | + | ||
347 | + | b. for plans offered by the Oklahoma Employees Insurance | |
348 | + | and Benefits Act, the amount to be paid shall be | |
349 | + | determined pursuant to the provisions of this | |
350 | + | subsection and shall first be applied in whole or in | |
351 | + | part to the prescription drug coverage premium. Any | |
352 | + | remaining amount shall be applied toward the medical | |
353 | + | coverage premium, | |
354 | + | c. for all plans, if the amount paid by the public | |
355 | + | retirement system does not cover the full cost of the | |
356 | + | elected coverage, the individual shall pay the | |
357 | + | remaining premium amount, and | |
358 | + | d. payment shall be made by the retirement systems in the | |
359 | + | manner specified under subsection G of this section. | |
360 | + | D. For any member of the Oklahoma Law Enforcement Retirement | |
361 | + | System killed in the line of duty, whether the me mber was killed in | |
362 | + | the line of duty prior to May 18, 2005, or on or after May 18, 2005, | |
363 | + | or if the member was on a disability leave status at the time of | |
364 | + | death, the surviving spouse or dependents of such deceased member of | |
365 | + | the Oklahoma Law Enforcement Retir ement System may elect to continue | |
366 | + | or commence health and dental insurance benefits, provided the | |
367 | + | dependents pay the full cost of such insurance, and for deaths | |
368 | + | occurring on or after July 1, 2002, such election is made within | |
369 | + | thirty (30) days of the date o f death. The eligibility for the | |
370 | + | ||
371 | + | ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 8 1 | |
372 | + | 2 | |
373 | + | 3 | |
374 | + | 4 | |
375 | + | 5 | |
376 | + | 6 | |
377 | + | 7 | |
378 | + | 8 | |
379 | + | 9 | |
380 | + | 10 | |
381 | + | 11 | |
382 | + | 12 | |
383 | + | 13 | |
384 | + | 14 | |
385 | + | 15 | |
386 | + | 16 | |
387 | + | 17 | |
388 | + | 18 | |
389 | + | 19 | |
390 | + | 20 | |
391 | + | 21 | |
392 | + | 22 | |
393 | + | 23 | |
394 | + | 24 | |
395 | + | ||
396 | + | benefits shall terminate for the surviving children when the | |
397 | + | children cease to qualify as dependents. | |
398 | + | E. Effective July 1, 2004, a retired member of the Oklahoma Law | |
399 | + | Enforcement Retirement System who retired from the Syst em by means | |
400 | + | of a personal and traumatic injury of a catastrophic nature and in | |
401 | + | the line of duty and any surviving spouse of such retired member and | |
402 | + | any surviving spouse of a member who was killed in the line of duty | |
403 | + | shall have one hundred percent (100%) of the retired member's or | |
404 | + | surviving spouse's health care premium cost, whether the member or | |
405 | + | surviving spouse elects coverage under the Medicare supplement or | |
406 | + | Medicare risk-sharing contract, paid by the Oklahoma Law Enforcement | |
407 | + | Retirement System to the Offi ce in the manner specified in | |
408 | + | subsection H of this section. For plans offered by the Office, such | |
409 | + | contributions will first be applied in whole or in part to the | |
410 | + | prescription drug coverage premium, if any. | |
411 | + | F. Dependents of a deceased employee who was on a ctive work | |
412 | + | status or on a disability leave at the time of death or of a | |
413 | + | participating retardant or of any person who has elected to receive | |
414 | + | a vested benefit under the Oklahoma Public Employees Retirement | |
415 | + | System, the Uniform Retirement System for Justices a nd Judges or the | |
416 | + | Oklahoma Law Enforcement Retirement System may continue the health | |
417 | + | and dental insurance benefits in force, provided the dependents pay | |
418 | + | the full cost of such insurance and they were covered as eligible | |
419 | + | dependents at the time of such death a nd such election is made | |
420 | + | ||
421 | + | ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 9 1 | |
422 | + | 2 | |
423 | + | 3 | |
424 | + | 4 | |
425 | + | 5 | |
426 | + | 6 | |
427 | + | 7 | |
428 | + | 8 | |
429 | + | 9 | |
430 | + | 10 | |
431 | + | 11 | |
432 | + | 12 | |
433 | + | 13 | |
434 | + | 14 | |
435 | + | 15 | |
436 | + | 16 | |
437 | + | 17 | |
438 | + | 18 | |
439 | + | 19 | |
440 | + | 20 | |
441 | + | 21 | |
442 | + | 22 | |
443 | + | 23 | |
444 | + | 24 | |
445 | + | ||
446 | + | within thirty (30) days of date of death. The eligibility for the | |
447 | + | benefits shall terminate for the surviving children when the | |
448 | + | children cease to qualify as dependents. | |
449 | + | G. The amounts required to be paid by the Oklahoma Public | |
450 | + | Employees Retirement System, the Uniform Retirement System for | |
451 | + | Justices and Judges and the Oklahoma Law Enforcement Retirement | |
452 | + | System pursuant to this section shall be forwarded no later than the | |
453 | + | tenth day of each month following the month for which payment i s due | |
454 | + | by the Oklahoma Public Employees Retirement System Board of Trustees | |
455 | + | or the Oklahoma Law Enforcement Retirement Board to the Office for | |
456 | + | deposit in the Health, Dental and Life Insurance Reserve Fund or to | |
457 | + | another insurance carrier or other administrat or of qualified | |
458 | + | benefits of the employer as provided for in subsection H of Section | |
459 | + | 1315 of this title. | |
460 | + | H. Upon retirement from employment of the Board of Regents of | |
461 | + | the University of Oklahoma, any person who was or is employed at the | |
462 | + | George Nigh Rehabili tation Institute and who transferred employment | |
463 | + | pursuant to Section 3427 of Title 70 of the Oklahoma Statutes, any | |
464 | + | person who was employed at the Medical Technology and Research | |
465 | + | Authority and who transferred employment pursuant to Section 7068 of | |
466 | + | this title, and any person who is a member of the Oklahoma Law | |
467 | + | Enforcement Retirement System pursuant to the authority of Section | |
468 | + | 2-314 of Title 47 of the Oklahoma Statutes may participate in the | |
469 | + | benefits authorized by the provisions of the Oklahoma Employees | |
470 | + | ||
471 | + | ENGR. S. A. TO ENGR. H. B. NO. 2824 Page 10 1 | |
472 | + | 2 | |
473 | + | 3 | |
474 | + | 4 | |
475 | + | 5 | |
476 | + | 6 | |
477 | + | 7 | |
478 | + | 8 | |
479 | + | 9 | |
480 | + | 10 | |
481 | + | 11 | |
482 | + | 12 | |
483 | + | 13 | |
484 | + | 14 | |
485 | + | 15 | |
486 | + | 16 | |
487 | + | 17 | |
488 | + | 18 | |
489 | + | 19 | |
490 | + | 20 | |
491 | + | 21 | |
492 | + | 22 | |
493 | + | 23 | |
494 | + | 24 | |
495 | + | ||
496 | + | Insurance and Benefits Act for retired participants , including | |
497 | + | health, dental and life insurance benefits, if such election to | |
498 | + | participate is made within thirty (30) days from the date of | |
499 | + | termination of service. Life insurance benefits for any such person | |
500 | + | who transferred employment shall not exceed the coverage the person | |
501 | + | had at the time of such transfer. Retirees who transferred | |
502 | + | employment and who participate pursuant to this paragraph shall pay | |
503 | + | the premium for elected benefits less any amounts paid by a stat e | |
504 | + | retirement system pursuant to this section. | |
505 | + | SECTION 2. This act shall become effective November 1, 2021.” | |
506 | + | ||
507 | + | Passed the Senate the 21st day of April, 2021. | |
508 | + | ||
509 | + | ||
510 | + | ||
511 | + | Presiding Officer of the Senate | |
512 | + | ||
513 | + | ||
514 | + | Passed the House of Representatives the ____ day of __________, | |
515 | + | 2021. | |
516 | + | ||
517 | + | ||
518 | + | ||
519 | + | Presiding Officer of the House | |
520 | + | of Representatives | |
521 | + | ||
522 | + | ENGR. H. B. NO. 2824 Page 1 1 | |
523 | + | 2 | |
524 | + | 3 | |
525 | + | 4 | |
526 | + | 5 | |
527 | + | 6 | |
528 | + | 7 | |
529 | + | 8 | |
530 | + | 9 | |
531 | + | 10 | |
532 | + | 11 | |
533 | + | 12 | |
534 | + | 13 | |
535 | + | 14 | |
536 | + | 15 | |
537 | + | 16 | |
538 | + | 17 | |
539 | + | 18 | |
540 | + | 19 | |
541 | + | 20 | |
542 | + | 21 | |
543 | + | 22 | |
544 | + | 23 | |
545 | + | 24 | |
546 | + | ||
547 | + | ENGROSSED HOUSE | |
3 | 548 | BILL NO. 2824 By: Sneed of the House | |
4 | 549 | ||
5 | 550 | and | |
6 | 551 | ||
7 | 552 | Quinn of the Senate | |
8 | 553 | ||
9 | 554 | ||
10 | 555 | ||
11 | 556 | ||
12 | 557 | ||
13 | 558 | ||
14 | 559 | An Act relating to state government; amending 74 O.S. | |
15 | 560 | 2011, Section 1316.2, as last amended by Section 3, | |
16 | 561 | Chapter 419, O.S.L. 2014 (74 O.S. Supp. 2020, Section | |
17 | 562 | 1316.2), which relates to the Oklahoma Employees | |
18 | 563 | Insurance and Benefits Act; allowing for certain | |
19 | - | payments by | |
20 | - | ||
564 | + | payments by a qualified benefits administrator; and | |
565 | + | providing an effective d ate. | |
21 | 566 | ||
22 | 567 | ||
23 | 568 | ||
24 | 569 | ||
25 | - | SUBJECT: State government | |
26 | 570 | ||
27 | 571 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
28 | - | ||
29 | - | SECTION 1. AMENDATORY 74 O.S. 2011, Section 1316.2, as | |
572 | + | SECTION 3. AMENDATORY 74 O.S. 2011, Section 1316.2, as | |
30 | 573 | last amended by Section 3, Chapter 419, O.S.L. 2014 (74 O.S. Supp. | |
31 | 574 | 2020, Section 1316.2), is amended to read as follows: | |
32 | - | ||
33 | 575 | Section 1316.2 A. Any employee, other than an education | |
34 | 576 | employee, who retires pursuant to the provisions of the Oklahoma | |
35 | 577 | Public Employees Retirement System or who has a vested benefit | |
36 | 578 | pursuant to the provisions of the Oklahoma Public Employees | |
37 | 579 | Retirement System may continue in force the health and dental | |
38 | 580 | insurance benefits authorized by the provisions of the Oklahoma | |
39 | 581 | Employees Insurance and Benefits Act, or other employer insurance | |
40 | 582 | benefits if the employer does not participate in the plans offer ed | |
583 | + | ||
584 | + | ENGR. H. B. NO. 2824 Page 2 1 | |
585 | + | 2 | |
586 | + | 3 | |
587 | + | 4 | |
588 | + | 5 | |
589 | + | 6 | |
590 | + | 7 | |
591 | + | 8 | |
592 | + | 9 | |
593 | + | 10 | |
594 | + | 11 | |
595 | + | 12 | |
596 | + | 13 | |
597 | + | 14 | |
598 | + | 15 | |
599 | + | 16 | |
600 | + | 17 | |
601 | + | 18 | |
602 | + | 19 | |
603 | + | 20 | |
604 | + | 21 | |
605 | + | 22 | |
606 | + | 23 | |
607 | + | 24 | |
608 | + | ||
41 | 609 | by the Office of Management and Enterprise Services, if such | |
42 | 610 | election to continue in force is made within thirty (30) days from | |
43 | 611 | the date of termination of service. Except as otherwise provided | |
44 | 612 | for in Section 840-2.27I of this title and subsection H of this | |
45 | 613 | section, health and dental insurance coverage may not be reinstated | |
46 | - | at a later time if the election to continue in force is declined. | |
614 | + | at a later time if the election to continue in force is declined. | |
47 | 615 | Vested employees other than education employees who have terminated | |
48 | 616 | service and are not receiving benefits and effec tive July 1, 1996, | |
49 | 617 | nonvested persons who have terminated service with more than eight | |
50 | 618 | (8) years of participating service with a participating employer, | |
51 | 619 | who within thirty (30) days from the date of termination of service | |
52 | 620 | elect to continue such coverage, sha ll pay the full cost of the | |
53 | 621 | insurance premium at the rate and pursuant to the terms and | |
54 | 622 | conditions established by the Office. Provided also, any employee | |
55 | 623 | other than an education employee who commences employment with a | |
56 | 624 | participating employer on or after S eptember 1, 1991, who terminates | |
57 | 625 | service with such employer on or after July 1, 1996, but who | |
58 | 626 | otherwise has insufficient years of service to retire or terminate | |
59 | 627 | service with a vested benefit pursuant to the provisions of the | |
60 | 628 | Oklahoma Public Employees Retir ement System or to elect to continue | |
61 | 629 | coverage as a nonvested employee as provided in this section, but | |
62 | 630 | who, immediately prior to employment with the participating | |
63 | 631 | employer, was covered as a dependent on the health and dental | |
64 | 632 | insurance policy of a spouse wh o was an active employee other than | |
633 | + | ||
634 | + | ENGR. H. B. NO. 2824 Page 3 1 | |
635 | + | 2 | |
636 | + | 3 | |
637 | + | 4 | |
638 | + | 5 | |
639 | + | 6 | |
640 | + | 7 | |
641 | + | 8 | |
642 | + | 9 | |
643 | + | 10 | |
644 | + | 11 | |
645 | + | 12 | |
646 | + | 13 | |
647 | + | 14 | |
648 | + | 15 | |
649 | + | 16 | |
650 | + | 17 | |
651 | + | 18 | |
652 | + | 19 | |
653 | + | 20 | |
654 | + | 21 | |
655 | + | 22 | |
656 | + | 23 | |
657 | + | 24 | |
658 | + | ||
65 | 659 | an education employee, may count as part of his or her credited | |
66 | 660 | service for the purpose of determining eligibility to elect to | |
67 | 661 | continue coverage under this section, the time during which the | |
68 | 662 | terminating employee was cove red as such a dependent. | |
69 | - | ||
70 | 663 | B. 1. Health insurance benefit plans offered pursuant to this | |
71 | 664 | section shall include: | |
72 | - | ||
73 | 665 | a. indemnity plans offered through the Office, | |
74 | - | ||
75 | 666 | b. managed care plans offered as alternatives to the | |
76 | 667 | indemnity plans offered through the Office, | |
77 | - | ||
78 | 668 | c. Medicare supplements offered pursuant to the Oklahoma | |
79 | 669 | Employees Insurance and Benefits Act, | |
80 | - | ||
81 | 670 | d. Medicare risk-sharing contracts offered as | |
82 | 671 | alternatives to the Medicare supplements offered | |
83 | 672 | through the Office. All Medicare risk -sharing | |
84 | 673 | contracts shall be subject to a risk adjustment | |
85 | 674 | factor, based on generally accepted actuarial | |
86 | 675 | principles for adverse selection which may occur, and | |
87 | - | ||
88 | 676 | e. for the Oklahoma Public Employee Employees Retirement | |
89 | 677 | System, other employer -provided health insurance | |
90 | - | benefit plans if the employer does not participate in | |
678 | + | benefit plans if the employer does not participate in | |
91 | 679 | the plans offered pursuant to the Oklahoma Employees | |
92 | 680 | Insurance and Benefits Act. | |
93 | - | ||
94 | 681 | 2. Health insurance benefit plans offered pursuant to this | |
95 | 682 | section shall provide prescription drug benefits, except for plans | |
683 | + | ||
684 | + | ENGR. H. B. NO. 2824 Page 4 1 | |
685 | + | 2 | |
686 | + | 3 | |
687 | + | 4 | |
688 | + | 5 | |
689 | + | 6 | |
690 | + | 7 | |
691 | + | 8 | |
692 | + | 9 | |
693 | + | 10 | |
694 | + | 11 | |
695 | + | 12 | |
696 | + | 13 | |
697 | + | 14 | |
698 | + | 15 | |
699 | + | 16 | |
700 | + | 17 | |
701 | + | 18 | |
702 | + | 19 | |
703 | + | 20 | |
704 | + | 21 | |
705 | + | 22 | |
706 | + | 23 | |
707 | + | 24 | |
708 | + | ||
96 | 709 | designed pursuant to the Medicare Prescription Drug Improvement and | |
97 | 710 | Modernization Act of 2003, for which provision of prescription drug | |
98 | 711 | benefits is optional, and except for plans offered pursuant to | |
99 | 712 | subparagraph e of paragraph 1 of this subsection. | |
100 | - | ||
101 | 713 | C. 1. Designated pub lic retirement systems shall contribute a | |
102 | 714 | monthly amount towards the health insurance premium of certain | |
103 | 715 | individuals receiving benefits from the public retirement system as | |
104 | 716 | follows: | |
105 | - | ||
106 | 717 | a. a retired employee, other than an education employee | |
107 | 718 | or an employee who participates in the defined | |
108 | 719 | contribution system administered by the Oklahoma | |
109 | 720 | Public Employees Retirement System on or after | |
110 | 721 | November 1, 2015, who is receiving benefits from the | |
111 | 722 | Oklahoma Public Employees Retirement System after | |
112 | 723 | September 30, 1988, shall ha ve One Hundred Five | |
113 | 724 | Dollars ($105.00), or the premium rate of the health | |
114 | 725 | insurance benefit plan, whichever is less, paid by the | |
115 | 726 | Oklahoma Public Employees Retirement System to the | |
116 | - | Board or other to another insurance carrier or other | |
117 | - | qualified benefits administrator of the employer if | |
118 | - | the employer does not participate in the plans offered | |
119 | - | by the Office in the manner specified in subsection G | |
120 | - | of this section, | |
727 | + | Board or, other insurance carrier , or other qualified | |
728 | + | benefits administrator of the employer if the employer | |
729 | + | does not participate in the plans offered by the | |
730 | + | Office in the manner specified in subsection G of this | |
731 | + | section, | |
732 | + | ||
733 | + | ENGR. H. B. NO. 2824 Page 5 1 | |
734 | + | 2 | |
735 | + | 3 | |
736 | + | 4 | |
737 | + | 5 | |
738 | + | 6 | |
739 | + | 7 | |
740 | + | 8 | |
741 | + | 9 | |
742 | + | 10 | |
743 | + | 11 | |
744 | + | 12 | |
745 | + | 13 | |
746 | + | 14 | |
747 | + | 15 | |
748 | + | 16 | |
749 | + | 17 | |
750 | + | 18 | |
751 | + | 19 | |
752 | + | 20 | |
753 | + | 21 | |
754 | + | 22 | |
755 | + | 23 | |
756 | + | 24 | |
121 | 757 | ||
122 | 758 | b. a retired employee or surviving spouse other than an | |
123 | 759 | education employee who is receiving benefits from the | |
124 | 760 | Oklahoma Law Enforcement Retirement System after | |
125 | 761 | September 30, 1988, is under sixty -five (65) years of | |
126 | 762 | age and is not otherwise eligible for Medicare shall | |
127 | 763 | have the premium rate for the health insurance benefit | |
128 | 764 | plan or One Hundred Five Dollars ($105.00), wh ichever | |
129 | 765 | is less, paid by the Oklahoma Law Enforcement | |
130 | 766 | Retirement System to the Office in the manner | |
131 | 767 | specified in subsection G of this section, | |
132 | - | ||
133 | 768 | c. a retired employee other than an education employee | |
134 | 769 | who is receiving benefits from the Oklahoma Law | |
135 | - | Enforcement Retirement System after September 30, | |
770 | + | Enforcement Retirement System after September 30, | |
136 | 771 | 1988, is sixty-five (65) years of age or older or who | |
137 | 772 | is under sixty-five (65) years of age and is eligible | |
138 | 773 | for Medicare shall have One Hundred Five Dollars | |
139 | 774 | ($105.00), or the premium rate of the health insurance | |
140 | 775 | benefit plan, whichever is less, paid by the Oklahoma | |
141 | 776 | Law Enforcement Retirement System to the Office in the | |
142 | 777 | manner specified in subsection G of this section, and | |
143 | - | ||
144 | 778 | d. a retired employee other than an education employee | |
145 | 779 | who is receiving benefits from the Uniform Retirement | |
146 | 780 | System for Justices and Judges after September 30, | |
147 | 781 | 1988, shall have One Hundred Five Dollars ($105.00), | |
782 | + | ||
783 | + | ENGR. H. B. NO. 2824 Page 6 1 | |
784 | + | 2 | |
785 | + | 3 | |
786 | + | 4 | |
787 | + | 5 | |
788 | + | 6 | |
789 | + | 7 | |
790 | + | 8 | |
791 | + | 9 | |
792 | + | 10 | |
793 | + | 11 | |
794 | + | 12 | |
795 | + | 13 | |
796 | + | 14 | |
797 | + | 15 | |
798 | + | 16 | |
799 | + | 17 | |
800 | + | 18 | |
801 | + | 19 | |
802 | + | 20 | |
803 | + | 21 | |
804 | + | 22 | |
805 | + | 23 | |
806 | + | 24 | |
807 | + | ||
148 | 808 | or the premium rate of the health insurance plan, | |
149 | 809 | whichever is less, paid by the Uniform Retirement | |
150 | 810 | System for Justices and Judges to the Of fice in the | |
151 | 811 | manner specified in subsection G of this section. | |
152 | - | ||
153 | 812 | 2. Premium payments made pursuant to this section shall be made | |
154 | 813 | subject to the following conditions: | |
155 | - | ||
156 | 814 | a. the health plan shall be authorized by the provisions | |
157 | 815 | of the Oklahoma Employees Insurance and Benefits Act, | |
158 | 816 | except that if an employer from which an employee | |
159 | 817 | retired or with a vested benefit pursuant to the | |
160 | 818 | provisions of the Oklahoma Public Employees Retirement | |
161 | 819 | System does not participate in the plans authorized by | |
162 | 820 | the provisions of the Oklaho ma Employees Insurance and | |
163 | 821 | Benefits Act, the health plan will be the health | |
164 | 822 | insurance benefits of the employer from which the | |
165 | 823 | individual retired or vested, | |
166 | - | ||
167 | 824 | b. for plans offered by the Oklahoma Employees Insurance | |
168 | 825 | and Benefits Act, the amount to be paid sha ll be | |
169 | 826 | determined pursuant to the provisions of this | |
170 | 827 | subsection and shall first be applied in whole or in | |
171 | 828 | part to the prescription drug coverage premium. Any | |
172 | 829 | remaining amount shall be applied toward the medical | |
173 | 830 | coverage premium, | |
174 | 831 | ||
832 | + | ENGR. H. B. NO. 2824 Page 7 1 | |
833 | + | 2 | |
834 | + | 3 | |
835 | + | 4 | |
836 | + | 5 | |
837 | + | 6 | |
838 | + | 7 | |
839 | + | 8 | |
840 | + | 9 | |
841 | + | 10 | |
842 | + | 11 | |
843 | + | 12 | |
844 | + | 13 | |
845 | + | 14 | |
846 | + | 15 | |
847 | + | 16 | |
848 | + | 17 | |
849 | + | 18 | |
850 | + | 19 | |
851 | + | 20 | |
852 | + | 21 | |
853 | + | 22 | |
854 | + | 23 | |
855 | + | 24 | |
856 | + | ||
175 | 857 | c. for all plans, if the am ount paid by the public | |
176 | 858 | retirement system does not cover the full cost of the | |
177 | 859 | elected coverage, the individual shall pay the | |
178 | 860 | remaining premium amount, and | |
179 | - | ENR. H. B. NO. 2824 Page 5 | |
180 | 861 | d. payment shall be made by the retirement systems in the | |
181 | 862 | manner specified under subsection G of this section. | |
182 | - | ||
183 | 863 | D. For any member of the Oklahoma Law Enforcement Retirement | |
184 | 864 | System killed in the line of duty, whether the member was killed in | |
185 | 865 | the line of duty prior to May 18, 2005, or on or after May 18, 2005, | |
186 | 866 | or if the member was on a disability leave stat us at the time of | |
187 | 867 | death, the surviving spouse or dependents of such deceased member of | |
188 | 868 | the Oklahoma Law Enforcement Retirement System may elect to continue | |
189 | 869 | or commence health and dental insurance benefits, provided the | |
190 | 870 | dependents pay the full cost of such insurance, and for deaths | |
191 | 871 | occurring on or after July 1, 2002, such election is made within | |
192 | 872 | thirty (30) days of the date of death. The eligibility for the | |
193 | 873 | benefits shall terminate for the surviving children when the | |
194 | 874 | children cease to qualify as dependents. | |
195 | - | ||
196 | 875 | E. Effective July 1, 2004, a retired member of the Oklahoma Law | |
197 | 876 | Enforcement Retirement System who retired from the System by means | |
198 | 877 | of a personal and traumatic injury of a catastrophic nature and in | |
199 | 878 | the line of duty and any surviving spouse of such retire d member and | |
200 | 879 | any surviving spouse of a member who was killed in the line of duty | |
201 | 880 | shall have one hundred percent (100%) of the retired member's or | |
881 | + | ||
882 | + | ENGR. H. B. NO. 2824 Page 8 1 | |
883 | + | 2 | |
884 | + | 3 | |
885 | + | 4 | |
886 | + | 5 | |
887 | + | 6 | |
888 | + | 7 | |
889 | + | 8 | |
890 | + | 9 | |
891 | + | 10 | |
892 | + | 11 | |
893 | + | 12 | |
894 | + | 13 | |
895 | + | 14 | |
896 | + | 15 | |
897 | + | 16 | |
898 | + | 17 | |
899 | + | 18 | |
900 | + | 19 | |
901 | + | 20 | |
902 | + | 21 | |
903 | + | 22 | |
904 | + | 23 | |
905 | + | 24 | |
906 | + | ||
202 | 907 | surviving spouse's health care premium cost, whether the member or | |
203 | 908 | surviving spouse elects coverage under the Medicare supplement or | |
204 | 909 | Medicare risk-sharing contract, paid by the Oklahoma Law Enforcement | |
205 | 910 | Retirement System to the Office in the manner specified in | |
206 | 911 | subsection H of this section. For plans offered by the Office, such | |
207 | 912 | contributions will first be applied in whole or in part to the | |
208 | 913 | prescription drug coverage premium, if any. | |
209 | - | ||
210 | 914 | F. Dependents of a deceased employee who was on active work | |
211 | 915 | status or on a disability leave at the time of death or of a | |
212 | 916 | participating retardant or of any person who has elected to rec eive | |
213 | 917 | a vested benefit under the Oklahoma Public Employees Retirement | |
214 | 918 | System, the Uniform Retirement System for Justices and Judges or the | |
215 | 919 | Oklahoma Law Enforcement Retirement System may continue the health | |
216 | 920 | and dental insurance benefits in force, provided th e dependents pay | |
217 | 921 | the full cost of such insurance and they were covered as eligible | |
218 | 922 | dependents at the time of such death and such election is made | |
219 | 923 | within thirty (30) days of date of death. The eligibility for the | |
220 | 924 | benefits shall terminate for the surviving children when the | |
221 | 925 | children cease to qualify as dependents. | |
222 | - | ||
223 | 926 | G. The amounts required to be paid by the Oklahoma Public | |
224 | - | Employees Retirement System, the Uniform Retirement System for | |
927 | + | Employees Retirement System, the Uniform Retirement System for | |
225 | 928 | Justices and Judges and the Oklahoma Law Enforcement Retirement | |
226 | 929 | System pursuant to this section shall be forwarded no later than the | |
227 | 930 | tenth day of each month following the month for which payment is due | |
931 | + | ||
932 | + | ENGR. H. B. NO. 2824 Page 9 1 | |
933 | + | 2 | |
934 | + | 3 | |
935 | + | 4 | |
936 | + | 5 | |
937 | + | 6 | |
938 | + | 7 | |
939 | + | 8 | |
940 | + | 9 | |
941 | + | 10 | |
942 | + | 11 | |
943 | + | 12 | |
944 | + | 13 | |
945 | + | 14 | |
946 | + | 15 | |
947 | + | 16 | |
948 | + | 17 | |
949 | + | 18 | |
950 | + | 19 | |
951 | + | 20 | |
952 | + | 21 | |
953 | + | 22 | |
954 | + | 23 | |
955 | + | 24 | |
956 | + | ||
228 | 957 | by the Oklahoma Public Employees Retirement System Board of Trustees | |
229 | 958 | or the Oklahoma Law Enforcement Retirement Board to the Offi ce for | |
230 | 959 | deposit in the Health, Dental and Life Insurance Reserve Fund or to | |
231 | - | another insurance carrier or other administrator of qualified | |
232 | - | benefits of the employer as provided for in subsection H of Section | |
233 | - | 1315 of this title. | |
234 | - | ||
960 | + | another insurance carrier as provided for in subsection H of Section | |
961 | + | 1315 of this title, or other qualified benefits administrator . | |
235 | 962 | H. Upon retirement from employment of the Board of Regents of | |
236 | 963 | the University of Oklahoma, any person who was or is employed at the | |
237 | 964 | George Nigh Rehabilitation Institute and who transferred employment | |
238 | 965 | pursuant to Section 3427 of Title 70 of the Oklahoma Statutes, any | |
239 | 966 | person who was employed at the Medical Technology and Research | |
240 | 967 | Authority and who transferred employment pursuant to Section 7068 of | |
241 | 968 | this title, and any person who is a member of the Oklahoma Law | |
242 | 969 | Enforcement Retirement System pursuant to the authority of Section | |
243 | 970 | 2-314 of Title 47 of the Oklahom a Statutes may participate in the | |
244 | 971 | benefits authorized by the provisions of the Oklahoma Employees | |
245 | 972 | Insurance and Benefits Act for retired participants, including | |
246 | 973 | health, dental and life insurance benefits, if such election to | |
247 | 974 | participate is made within thir ty (30) days from the date of | |
248 | 975 | termination of service. Life insurance benefits for any such person | |
249 | 976 | who transferred employment shall not exceed the coverage the person | |
250 | 977 | had at the time of such transfer. Retirees who transferred | |
251 | 978 | employment and who participat e pursuant to this paragraph shall pay | |
252 | 979 | the premium for elected benefits less any amounts paid by a state | |
253 | 980 | retirement system pursuant to this section. | |
254 | 981 | ||
255 | - | SECTION 2. This act shall become effective November 1, 2021. | |
982 | + | ENGR. H. B. NO. 2824 Page 10 1 | |
983 | + | 2 | |
984 | + | 3 | |
985 | + | 4 | |
986 | + | 5 | |
987 | + | 6 | |
988 | + | 7 | |
989 | + | 8 | |
990 | + | 9 | |
991 | + | 10 | |
992 | + | 11 | |
993 | + | 12 | |
994 | + | 13 | |
995 | + | 14 | |
996 | + | 15 | |
997 | + | 16 | |
998 | + | 17 | |
999 | + | 18 | |
1000 | + | 19 | |
1001 | + | 20 | |
1002 | + | 21 | |
1003 | + | 22 | |
1004 | + | 23 | |
1005 | + | 24 | |
256 | 1006 | ||
257 | - | ENR. H. B. NO. 2824 Page 7 | |
258 | - | ||
259 | - | Passed the House of Representati ves the 4th day of May, 2021. | |
1007 | + | SECTION 4. This act shall become effective November 1, 2021. | |
1008 | + | Passed the House of Represent atives the 9th day of March, 2021. | |
260 | 1009 | ||
261 | 1010 | ||
262 | 1011 | ||
263 | 1012 | ||
264 | 1013 | Presiding Officer of the House | |
265 | 1014 | of Representatives | |
266 | 1015 | ||
267 | 1016 | ||
268 | - | Passed the Senate the | |
1017 | + | Passed the Senate the ___ day of __________, 2021. | |
269 | 1018 | ||
270 | 1019 | ||
271 | 1020 | ||
272 | 1021 | ||
273 | 1022 | Presiding Officer of the Senate | |
274 | 1023 | ||
275 | 1024 | ||
276 | 1025 | ||
277 | - | OFFICE OF THE GOVERNOR | |
278 | - | Received by the Office of the Governor this ___________ _________ | |
279 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
280 | - | By: _________________________________ | |
281 | - | Approved by the Governor of the State of Oklahoma this _________ | |
282 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
283 | - | ||
284 | - | ||
285 | - | _________________________________ | |
286 | - | Governor of the State of Oklahoma | |
287 | - | ||
288 | - | OFFICE OF THE SECRETARY OF STATE | |
289 | - | Received by the Office of the Secretary of State this __________ | |
290 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
291 | - | By: _________________ ________________ |