| 51 | | - | SECTION 1. AMENDATORY 74 O.S. 2021, Section 1308.1, is |
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| 52 | | - | amended to read as follows: |
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| 53 | | - | Section 1308.1. (1) A. An educational entity may ex tend the |
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| 54 | | - | benefits of the health insurance plan, the dental insurance plan, |
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| 55 | | - | and the life insurance plan to education employees employ ed by the |
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| 56 | | - | entity. The benefits of the plans for an education employee shall |
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| 57 | | - | be the same and shall include the same plan opt ions as would be made |
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| 58 | | - | available to a state employee participating in the plan that resided |
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| 59 | | - | at the same location. Notwithstanding th e provisions of Section |
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| 60 | | - | 1308.2 of this title, a period shall exist for enrolling education |
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| 61 | | - | entities from April 1, 1989 , through October 1, 1991, whereby |
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| 62 | | - | education employees of a participating education entity may be |
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| 48 | + | SECTION 1. AMENDATORY Section 1, Chapter 135, O.S.L. |
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| 49 | + | 2022 (70 O.S. Supp. 2022, Section 509.12), is amended to read as |
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| 50 | + | follows: |
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| 51 | + | Section 509.12. A. A school district board of education may |
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| 52 | + | approve a request from a school distri ct employee for a leave of |
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| 53 | + | absence to hold office as an officer, director, trus tee, or agent of |
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| 54 | + | a national, statewide, or school district employee association. The |
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| 55 | + | employee requesting the leave shall provide the school district |
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| 56 | + | superintendent with proof of election and proof of the term of |
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| 57 | + | office for the national, statewide, or scho ol district employee |
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| 58 | + | association. Proof of election shall include but not be limited to |
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| 59 | + | certification by the national, statewide, or school district |
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| 60 | + | employee association of the date of the election and th e results of |
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| 61 | + | the election. Board of education appr oval for leave requested |
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| 89 | | - | enrolled, pursuant to this act, during the entities’ initial |
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| 90 | | - | enrollment period, regardless of preexisting conditions. The Office |
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| 91 | | - | of Management and Enterprise Serv ices shall adopt rules and |
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| 92 | | - | regulations for enrollment by which education entities may apply t o |
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| 93 | | - | participate in the insurance plans. On ce an education entity |
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| 94 | | - | becomes a participant in the health and dental insurance plans |
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| 95 | | - | offered through the Oklahoma Employe es Insurance and Benefits Act , |
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| 96 | | - | the education entity may withdraw from participation, in a man ner |
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| 97 | | - | prescribed by the Office. If a schoo l district is participating in |
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| 98 | | - | the health and dental insurance plans pursuant to the Oklahoma |
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| 99 | | - | Employees Insurance and Bene fits Act, Sections 1301 throu gh 1329.1 |
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| 100 | | - | of this title, the employees of the school district wh o are eligible |
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| 101 | | - | to participate in the heal th and dental plans, at such time as the |
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| 102 | | - | school district may withdraw from such participation, may require |
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| 103 | | - | the board of education of the school distric t to call an election to |
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| 104 | | - | allow the employees to vote as to wheth er the school district shall |
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| 105 | | - | continue participation in the health and dental insurance plans |
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| 106 | | - | offered through the Oklahoma Employees Insurance and Benefits Act. |
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| 107 | | - | Upon the filing with the board of education of a petition calling |
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| 108 | | - | for such an election which is signed by no less than thirty percent |
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| 109 | | - | (30%) of the eligible employees of the school district, the board of |
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| 110 | | - | education shall call an election for the purpose of det ermining |
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| 111 | | - | whether the school d istrict shall continue participation in the |
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| 112 | | - | health and dental in surance plans offered through the Oklahom a |
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| 89 | + | pursuant to this section shall have definitive beginning and end |
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| 90 | + | dates. |
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| 91 | + | B. Leave granted pursuant to this section shall be leave |
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| 92 | + | without pay. The school employee on leave shall not be entitled to |
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| 93 | + | maintain any benefits granted by the school district regardless of |
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| 94 | + | whether the benefit is paid by the employee on leave or the |
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| 95 | + | association for which the person is serving as an officer, director, |
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| 96 | + | trustee, or agent may be allowed to retain insurance coverage |
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| 97 | + | pursuant to Section 1308.1 of Title 74 of the Oklahoma S tatutes. |
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| 98 | + | C. During the leave peri od, the school employee’s position with |
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| 99 | + | the school district shall be maintained without advancement on the |
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| 100 | + | minimum salary schedule adopted pursuant to Section 5-141 of Title |
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| 101 | + | 70 of the Oklahoma Statutes this title and with no accrual of s ick |
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| 102 | + | leave, personal business leave, or personal leave. The employee on |
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| 103 | + | leave shall not accumulate service credit within the Teachers’ |
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| 104 | + | Retirement System of Oklahoma. Following the term of leave granted |
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| 105 | + | pursuant to the provisions of this section, the employee granted |
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| 106 | + | leave may return to his or her former position or a comparable |
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| 107 | + | position. |
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| 108 | + | D. A school district employee granted leave pu rsuant to the |
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| 109 | + | provisions of this section shall be prohibited from accessing school |
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| 110 | + | district office space . |
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| 111 | + | E. If a national, statewide, or school district employee |
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| 112 | + | association that serves as a school district employee organization |
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| 139 | | - | Employees Insurance and Benefits Act. The election shall be held |
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| 140 | | - | within thirty (30) days of the filing of the petition. If a |
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| 141 | | - | majority of those elig ible employees voting at the election vote to |
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| 142 | | - | continue participation in the health and dental insurance p lans |
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| 143 | | - | offered through the Oklahoma Employees Insurance and Benefits Act, |
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| 144 | | - | the board of education shall be prohibited from wi thdrawing the |
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| 145 | | - | school district from such participation. If a majority of those |
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| 146 | | - | eligible employees voting at the election vote against continued |
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| 147 | | - | participation in the health and dental insurance plans offered |
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| 148 | | - | through the Oklahoma Employees Insurance and Bene fits Act, the board |
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| 149 | | - | of education of the school district shall apply to discontinue such |
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| 150 | | - | participation within thirty (30) days of the e lection and within the |
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| 151 | | - | times the school district is authorized to withdraw from |
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| 152 | | - | participation in accordance with rules est ablished for withdrawal by |
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| 153 | | - | the Office. |
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| 154 | | - | (2) B. Except as otherwise provided in this subsectio n, when an |
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| 155 | | - | education entity participates in the health and dental insurance |
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| 156 | | - | plans offered through the Oklahoma Employees Insurance and Benefits |
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| 157 | | - | Act, all employees shall be advised of Health Maintenance |
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| 158 | | - | Organizations health maintenance organizations (HMO) prepaid plans |
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| 159 | | - | available as an alternative to the state self -insured health |
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| 160 | | - | insurance plan. Eligible part -time education employees, at the |
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| 161 | | - | option of the employee, may enroll in the plans either at the time |
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| 162 | | - | |
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| 188 | | - | the education entity begin s participation in the pl ans or, if later, |
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| 189 | | - | upon a showing of insurability to the satisfaction of the Office. |
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| 190 | | - | (3) C. Any employee of an education entity participating in the |
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| 191 | | - | health and dental insurance plans offered t hrough the Oklahoma |
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| 192 | | - | Employees Insurance and Benefits Act who is employed after the |
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| 193 | | - | education entity began said participation may be enrolled in the |
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| 194 | | - | health and dental insurance plans or HMO plans approved by the |
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| 195 | | - | Office on the first day of the second month o f employment. |
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| 196 | | - | (4) D. Upon initial enrollment of an institution of higher |
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| 197 | | - | education to participate in the health and dental insurance plans |
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| 198 | | - | offered through the Oklahoma Employees Insurance and Benefits Act, |
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| 199 | | - | all individuals presently insured by said the institution’s present |
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| 200 | | - | group health insurance p lan shall become enro lled in said state |
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| 201 | | - | plans for the remaining period of said the institution’s contractual |
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| 202 | | - | liabilities. |
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| 203 | | - | (5) Education employees who shall be absent from the teaching |
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| 204 | | - | service because of election or appointment as a local, state, or |
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| 205 | | - | national education association officer shall be allowed to retain |
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| 206 | | - | coverage pursuant to the Oklahoma Employees Insurance and Benefits |
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| 207 | | - | Act upon the payment of the full cost of the coverage at the rate |
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| 208 | | - | and under such terms and conditions established by the Office. |
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| 209 | | - | (6) E. Except as otherwise provided by law, an educational |
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| 210 | | - | entity may cease to participate in the Oklahoma Employees Ins urance |
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| 211 | | - | and Benefits Act but provide health insurance coverage t hrough |
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| 238 | | - | another insurance carr ier. The subsequent carrier shall provide |
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| 239 | | - | coverage to the employees of the educational entity who terminated |
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| 240 | | - | employment with a retirement benefit, with a vested be nefit, or who |
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| 241 | | - | have ten (10) or more years of service with a par ticipating |
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| 242 | | - | educational entity but did not have a vested benefit through the |
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| 243 | | - | retirement system of the educational entity, if the election to |
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| 244 | | - | retain health insurance coverage was made within thir ty (30) days of |
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| 245 | | - | termination of employment. Coverage shall also be provided to the |
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| 246 | | - | eligible dependents of the employees if an election to r etain |
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| 247 | | - | coverage is made within thirty (30) days of termination of |
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| 248 | | - | employment. |
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| 140 | + | established pursuant to S ection 509.2 of Title 70 of the Oklahoma |
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| 141 | + | Statutes this title fails to comply with the provisions of this |
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| 142 | + | section, the school district b oard of education shall no long er |
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| 143 | + | recognize the organization as a representative of employees. |
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