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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
31	31
32	32	HOUSE BILL 2006 By: Davis
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38	38	AS INTRODUCED
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40	40	An Act relating to schools; amending 70 O.S. 2021,
41	41	Section 5-117.5, which relates to provision for
42	42	health insurance for school district em ployees;
43	43	providing for health stipend option; providing an
44	44	effective date; and declaring an emergency .
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48	48	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
49	49	SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-117.5, is
50	50	amended to read as follows:
51	51	Section 5-117.5 A. The board of education o f each school
52	52	district in this state s hall provide a health insurance plan for the
53	53	employees of the school district. School districts may obtain
54	54	health and dental insurance covera ge as provided for in the State
55	55	and Education Employees Group Insurance Act or may obtain other
56	56	health insurance coverage. Any school district that does not
57	57	participate in the health and dental insurance plans offered through
58	58	the State and Education Emplo yees Group Insurance Act shall obtain
59	59	health insurance coverage for the empl oyees which provides open
60	60	enrollment, and provide for the continuation of health insurance
61	61	coverage, including supplemental Medicare insurance coverage, for
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88	88	those district employee s who retire from said district after
89	89	September 30, 1991, with a vested bene fit in the Teachers'
90	90	Retirement System of Oklahoma. A retired person who begins
91	91	receiving benefits from the Teachers ' Retirement System of Oklahoma
92	92	after September 30, 1991, who r etires from a school district that
93	93	provides other health insurance coverage, and who elects to continue
94	94	said health insurance coverage shall pay to the school district the
95	95	premium rate for the health insurance minus an amount equal to the
96	96	premium rate of the Medicare supplement or the amount determined
97	97	pursuant to subsection (4) o f Section 1316.3 of Title 74 of the
98	98	Oklahoma Statutes, whichever is less, which shall be paid by the
99	99	Teachers' Retirement System of Oklahoma to the school district. The
100	100	school district shall remit to the health insurance coverage
101	101	provider the total premiu m due less any uncollected amounts pay able
102	102	from retired school district employees or their qualified survivors.
103	103	B. A school district that participates in health insurance
104	104	coverage other than the health insurance plan offered by the State
105	105	and Education Employees Group Insurance Act shall not b e required to
106	106	pay any portion of the premiums for the employees or the dependents
107	107	of the employees of said school district, except as may othe rwise be
108	108	provided by law. Unless a school district negotiates an agreement
109	109	with its employees regarding health in surance pursuant to Sections
110	110	509.1 through 509.9 of this title, and to the extent that the
111	111	agreement provides for the members of the recognize d bargaining
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138	138	unit, a school district that participates in health insurance
139	139	coverage other than the health insuranc e plan offered by the State
140	140	and Education Employees Group Insurance Act is prohibited from
141	141	acquiring additional or supplemental health or dent al insurance for
142	142	any board member, school superintendent or any other employ ee which
143	143	is not available to all emplo yees of said district, and said school
144	144	district shall not pay a greater portion of the employee or
145	145	dependent premium for any health or dental insurance plan or plans
146	146	provided by said school district on behalf of any bo ard member,
147	147	school superintendent or e mployee than that portion paid on behalf
148	148	of all participating employees of said district.
149	149	C. If a school district obtains health insurance co verage from
150	150	a source other than through the State and Education Employees Gr oup
151	151	Insurance Act, the employees of th e school district who would be
152	152	eligible to participate in the health and dental plans may require
153	153	the board of education of the school distric t to call an election to
154	154	allow said employees to vote as to whether the scho ol district shall
155	155	participate in the h ealth and dental insurance plans offered through
156	156	the State and Education Employees Group Insurance Act. Upon the
157	157	filing with the board of edu cation of a petition calling for such an
158	158	election which is signed by no less than thirty percent (30%) of the
159	159	eligible employees of the school district, the board of education
160	160	shall call an election for the purpose of determining whether the
161	161	school district shall participate in the health and dental insurance
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188	188	plans offered through the State and Education Employees Gro up
189	189	Insurance Act. The election shall be held within thirty (30) days
190	190	of the filing of the petition. If a majority of those eligible
191	191	employees voting at the election vote to participate in the health
192	192	and dental insurance plans offered through the State an d Education
193	193	Employees Group Insurance Act, the board of education of the school
194	194	district shall apply for such participation within thirty (30) days
195	195	of the election.
196	196	D. If a school district does not have any health ins urance
197	197	coverage of the type required b y this section, that school district
198	198	shall immediately be enrolled in the health and dental insurance
199	199	plans offered through the State and Educ ation Employees Group
200	200	Insurance Act.
201	201	E. A carrier providing health insuranc e coverage for employees
202	202	of a school district health insurance group which replaces a
203	203	previous carrier for such school district employees shall provide
204	204	coverage for each retired em ployee who is receiving a benefit or
205	205	terminates employment with a vested ben efit from the Teachers'
206	206	Retirement System of Oklahoma and who is enrolled in the health
207	207	insurance group by the previous carrier at the time the previous
208	208	carrier providing health in surance coverage is replaced.
209	209	Notwithstanding any provision in this section to the contrary, any
210	210	person who retires pursuant to the provisions of the Teachers '
211	211	Retirement System of Oklahoma prior to May 1, 1993, or terminates
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238	238	service with a vested benefit , pursuant to the provisions of the
239	239	Teachers' Retirement System of Oklahoma prior to May 1, 1993, may
240	240	continue to participate in the health and dental plans authorized by
241	241	the provisions of the State and Education Employees Group Insurance
242	242	Act.
243	243	F. In the event a school district ceases to exist, the assets
244	244	and duties of said school district are transferred to one or mo re
245	245	other school districts, said other school district or districts do
246	246	not agree to employ all of the former employees of the school
247	247	district that is ceasing to exist, and said former employees who are
248	248	not being reemployed have rights under federal or state law to
249	249	continue group insurance coverage, the school district receiving all
250	250	or a portion of the assets and duties of the annexing school
251	251	district having the largest general fund revenue for the most recent
252	252	preceding fiscal year for which data is available shall provide
253	253	group insurance coverage to said former employees not being retained
254	254	during the period as required by law.
255	255	G. Any member of a district board of education who terminates
256	256	service on or after July 1, 2002, who has served ten (10) or more
257	257	years as a district board of education member in this state, and who
258	258	is participating at the time of termination in a health and/or
259	259	dental insurance plan offered by the school district, may elect upon
260	260	termination of such se rvice to continue participation in the health
261	261	and/or dental insurance plan that the member was participating in at
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288	288	the time of termination. The election provided in this subsectio n
289	289	shall be made within thirty (30) days from the date of the school
290	290	board member's termination of service. The sc hool board member
291	291	shall pay the full cost of the insurance premium for such after -
292	292	termination coverage at the rate and pursuant to the terms a nd
293	293	conditions of such health and/or dental plan.
294	294	H. The board of education of each school district in this state
295	295	shall, during the open enrollment period, offer employees the option
296	296	to opt-out of provided health insurance plans and instead receive a
297	297	health insurance stipend of One Hundred and Fifty Dollars ($150.00)
298	298	that shall be reflected in their salary.
299	299	SECTION 2. This act shall become effe ctive July 1, 2023.
300	300	SECTION 3. It being immediately necessary for the preservation
301	301	of the public peace, health or safety, an emergency is hereby
302	302	declared to exist, by reason whereof this act shall take effect and
303	303	be in full force from and after its passage an d approval.
304	304
305	305	59-1-5118 MJ 01/11/23

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2006 Compare Versions