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ENGROSSED SENATE
BILL NO. 473 By: Paxton of the Senate
and
Hilbert of the House
An Act relating to Oklahoma Employees Insurance and
Benefits Act; amending 74 O.S. 2021, Section 1308.1,
which relates to insurance benefits for education
employees; updating statutory language; removing
language allowing certain emplo yee to retain certain
coverage during certain absence; providing an
effective date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 1308.1, is
amended to read as follows:
Section 1308.1. (1) A. An educational entity may ex tend the
benefits of the health insurance plan, the dental insurance plan,
and the life insurance plan to education employees employ ed by the
entity. The benefits of the plans for an education employee shall
be the same and shall include the same plan opt ions as would be made
available to a state employee participating in the plan that resided
at the same location. Notwithstanding th e provisions of Section
1308.2 of this title, a period shall exist for enrolling education
entities from April 1, 1989 , through October 1, 1991, whereby
education employees of a participating education entity may be
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enrolled, pursuant to this act, during the entities’ initial
enrollment period, regardless of preexisting conditions. The Office
of Management and Enterprise Serv ices shall adopt rules and
regulations for enrollment by which education entities may apply t o
participate in the insurance plans. On ce an education entity
becomes a participant in the health and dental insurance plans
offered through the Oklahoma Employe es Insurance and Benefits Act ,
the education entity may withdraw from participation, in a man ner
prescribed by the Office. If a schoo l district is participating in
the health and dental insurance plans pursuant to the Oklahoma
Employees Insurance and Bene fits Act, Sections 1301 throu gh 1329.1
of this title, the employees of the school district wh o are eligible
to participate in the heal th and dental plans, at such time as the
school district may withdraw from such participation, may require
the board of education of the school distric t to call an election to
allow the employees to vote as to wheth er the school district shall
continue participation in the health and dental insurance plans
offered through the Oklahoma Employees Insurance and Benefits Act.
Upon the filing with the board of education of a petition calling
for such an election which is signed by no less than thirty percent
(30%) of the eligible employees of the school district, the board of
education shall call an election for the purpose of det ermining
whether the school d istrict shall continue participation in the
health and dental in surance plans offered through the Oklahom a
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Employees Insurance and Benefits Act. The election shall be held
within thirty (30) days of the filing of the petition. If a
majority of those elig ible employees voting at the election vote to
continue participation in the health and dental insurance p lans
offered through the Oklahoma Employees Insurance and Benefits Act,
the board of education shall be prohibited from wi thdrawing the
school district from such participation. If a majority of those
eligible employees voting at the election vote against continued
participation in the health and dental insurance plans offered
through the Oklahoma Employees Insurance and Bene fits Act, the board
of education of the school district shall apply to discontinue such
participation within thirty (30) days of the e lection and within the
times the school district is authorized to withdraw from
participation in accordance with rules est ablished for withdrawal by
the Office.
(2) B. Except as otherwise provided in this subsectio n, when an
education entity participates in the health and dental insurance
plans offered through the Oklahoma Employees Insurance and Benefits
Act, all employees shall be advised of Health Maintenance
Organizations health maintenance organizations (HMO) prepaid plans
available as an alternative to the state self -insured health
insurance plan. Eligible part -time education employees, at the
option of the employee, may enroll in the plans either at the time
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the education entity begin s participation in the pl ans or, if later,
upon a showing of insurability to the satisfaction of the Office.
(3) C. Any employee of an education entity participating in the
health and dental insurance plans offered t hrough the Oklahoma
Employees Insurance and Benefits Act who is employed after the
education entity began said participation may be enrolled in the
health and dental insurance plans or HMO plans approved by the
Office on the first day of the second month o f employment.
(4) D. Upon initial enrollment of an institution of higher
education to participate in the health and dental insurance plans
offered through the Oklahoma Employees Insurance and Benefits Act,
all individuals presently insured by said the institution’s present
group health insurance p lan shall become enro lled in said state
plans for the remaining period of said the institution’s contractual
liabilities.
(5) Education employees who shall be absent from the teaching
service because of election or appointment as a local, state, or
national education association officer shall be allowed to retain
coverage pursuant to the Oklahoma Employees Insurance and Benefits
Act upon the payment of the full cost of the coverage at the rate
and under such terms and conditions established by the Office.
(6) E. Except as otherwise provided by law, an educational
entity may cease to participate in the Oklahoma Employees Ins urance
and Benefits Act but provide health insurance coverage t hrough
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another insurance carr ier. The subsequent carrier shall provide
coverage to the employees of the educational entity who terminated
employment with a retirement benefit, with a vested be nefit, or who
have ten (10) or more years of service with a par ticipating
educational entity but did not have a vested benefit through the
retirement system of the educational entity, if the election to
retain health insurance coverage was made within thir ty (30) days of
termination of employment. Coverage shall also be provided to the
eligible dependents of the employees if an election to r etain
coverage is made within thirty (30) days of termination of
employment.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, heal th, or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
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Passed the Senate the 20th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Rep resentatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives