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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1042 By: Randleman
AS INTRODUCED
An Act relating to education; amending 70 O.S. 2021,
Section 26-103, which relates to flexible benefits
allowance; modifying definitio n; and providing an
effective date.
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 26-103, is
amended to read as follows :
Section 26-103. The following words and phrases as used in
Section 26-101 et seq. of this title, unless a different mean ing is
clearly required by the context, shall have the following meanings:
1. "Benefit" means any of the benefits which may be purchased
or are required to be purchased under the caf eteria plan;
2. "Cafeteria plan" means a benefit plan established pursua nt
to 26 U.S.C. Section 125;
3. "Flexible benefit allowance " means amounts credited by the
school district for each school d istrict employee for the purchase
of benefits under the ca feteria plan;
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4. "Support personnel" means full-time employees of a scho ol
district as determined by the standard period of labor which is
customarily understood to constitute full -time employment for the
type of services performed by the employees who ar e employed a
minimum of six (6) hours per day for a minimum of one hundre d
seventy-two (172) days or a minimum of six (6) hours per day for a
minimum of one thousand thirty -two (1,032) hours per yea r and who
provide services not performed by certified pers onnel, or bus
drivers who are employed a minimum of (20 ) hours per week for a
minimum of one hundred seventy -two (172) days per year , and which is
necessary for the efficient and satisfactory functioning of a school
district, and shall include cooks, janit ors, maintenance personnel,
bus drivers, noncertified or nonregistered nu rses, noncertified
librarians, and clerical employees of a school district but shall
not include adult education instructors or adult coordinators
employed by technology center school districts;
5. "Plan year" means the twelve-month period established by the
school district for the cafeteria plan;
6. "School district" means the public school districts and
technology center school districts of this state;
7. "School district employee " means certified or support
personnel as defined in Section 26 -101 et seq. of this title.
Employees of an educational service provider contracted with a
school district pursuant to subsection G of Section 5 -117 of this
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title who perform functions that wo uld otherwise be performed by a
school district employee shall be conside red employees of a school
district for purposes of the Larry Dickerson Education Flexible
Benefits Allowance Act unless otherwise provided for in the contract
between the educational service provider and the contracting school
district;
8. "Certified personnel" means a certified person employed on a
full-time basis to serve as a teacher, principal, supervisor,
administrator, counselor, librarian, or certified or registered
nurse, but shall not mean a superintendent of a school district; and
9. "Self-insured" means a health care program in which the
school district funds the benefit plans from its own resources
without purchasing insurance and which may be administered by the
school district or by an outside administrator under contract with
the school district for administrative services. The State Board of
Education shall prepare by May 1st of each year a list of each
school district in the state that is self -insured and the number o f
support personnel and the number of certified personnel that are
participating in each self-insured school district plan.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5718 MJ 12/16/22