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ENGROSSED HOUSE
BILL NO. 3573 By: Pae, Miller, Talley, Menz,
Schreiber, Kendrix, McCall,
Alonso-Sandoval,
Provenzano, May, Ranson,
Roberts, Munson, and Deck
of the House
and
Stephens of the Senate
[ cancer screening - Fighting Chance for Firefig hters
Act - insurance coverage – members - exclusions -
political subdivisions – agencies – trusts -
departments - Office of Management and Enterprise
Services – codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6060.8b of Title 36, unless
there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Fighting Chance
for Firefighters Act ".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6060.8c of Title 36, unless
there is created a duplication in numbering, reads as follows:
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Cancer centers in the State of Oklahoma may carry out t he
purposes and functions of the Fighting Chance for Firefighters Act
to cover the costs of occupational cancer screenings.
SECTION 3. NEW LAW A new section of law to be codi fied
in the Oklahoma Statutes as Section 2357.501 of Title 68, unless
there is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Cancer" means, but is not limited to, lung cancer, prostate
cancer, testicular cancer, skin cancer, colon cancer, breast cancer
or any other form of cancer which is ge nerally recognized as having
a higher risk of occurrence in a person who performs firefighting
services;
2. "Firefighter" means a person trained or certified as skilled
in the prevention and control of fires in residential and commercial
structures and naturally occurring fires commonly known as
wildfires; and
3. "Unreimbursed cost" means an expense which is not covered or
not fully covered under a health insurance policy and fo r which a
taxpayer expends money and is not able to recov er the expenditure.
B. For taxable years beginning on or after January 1, 2025,
there shall be allowed as a credit against the tax imposed pursuant
to Section 2355 of Title 68 of the Oklahoma Statutes equal to the
amount of unreimbursed e xpense, subject to a maxim um amount of Two
Hundred Fifty Dollars ($ 250.00) per taxable year, incurred by a
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firefighter for the cost of medical procedures to detect any form of
cancer.
C. The credit authorized by this section shall not be used to
reduce the income tax liability of the taxpayer to les s than zero
(0).
D. The credit authorized by this s ection, to the extent not
used, may be carried over, in o rder, to each of the five (5)
subsequent income tax years.
E. For the tax year beginning January 1, 2025, and each tax
year thereafter, the total am ount of credits authorized by this
section used to offset tax sha ll be adjusted annually to limit the
annual amount of credits to One Million Five Hundred Thousand
Dollars ($1,500,000.00). The Oklahoma Tax Commission shall annually
calculate and publish by the first day of the affected year a
percentage by which the cr edits authorized by this section shall be
reduced so the total amount of credit s used to offset tax does not
exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) per
year. The formula to be used for the percentage adjustment shall be
One Million Five Hundred Thousand Dollars ($1,500,000.00) divided by
the credits claimed in the second preceding year.
F. In the event the total tax credit s authorized by this
section exceed One Million Five Hundred Thousand Dollars
($1,500,000.00) in any calendar year, the Tax Commission shall
permit any excess over One Million Five Hundred Thousand Dollars
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($1,500,000.00) but shall factor such excess into the percentage
adjustment formula for subseq uent years.
SECTION 4. AMENDATORY 74 O.S. 2021, Section 1315, is
amended to read as follows:
Section 1315. A. Upon application in writing and subject to
any underwriting criteria that may be established by the Office of
Management and Enterprise Services, the Office may extend the
benefits of the Oklahoma Employees Insurance and Benefits Pl ans to
employees who are employed in positions requiring actual performance
of duty during not less than one thousand (1,000) hours per year and
to all full-time employees of:
1. Any of the following groups w hich participate in the
Oklahoma Public Employe es Retirement System:
a. county,
b. city,
c. town,
d. public trust for which the state is the primary
beneficiary, or
e. conservation districts; and
2. Any of the following groups:
a. county hospital,
b. rural water district, including employees and board
members,
c. sewer district,
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d. gas district,
e. solid waste management dist rict,
f. nonprofit water corporation employees and board
members,
g. conservancy district or master conservancy district
authorized by the provisions of Section 541 of Title
82 of the Oklahoma Statutes,
h. voluntary organization of Oklahoma local governmen t
jurisdictions listed in Section 2003 of Title 62 of
the Oklahoma Statutes including any council created by
the voluntary organizati ons,
i. voluntary association designated to adm inister the
County Government Cou ncil as authorized in Section 7
of Title 19 of the Oklahoma Statutes,
j. statewide nonprofit entities representing employees of
the state or employees of local political subdiv isions
who are eligible for insurance benefits authorized by
the provisions of the Oklahoma Employees Insurance and
Benefits Act, or
k. statewide nonprofit entities receiving state f unds to
provide no cost legal services to low income and
senior citizens,
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l. municipal fire departments organized pur suant to
Section 29-101 et seq. of Title 11 of the Oklahoma
Statutes, or
m. county fire departments organized pursuant to Section
351 of Title 19 of the Oklahoma Statutes.
B. Applications to participate in the Ok lahoma Employees
Insurance and Benefits Plans shall be approved by major ity action of
the governing body of the groups list ed in subsection A of this
section.
C. Groups listed in subsection A of this section participating
in the Oklahoma Employees Insuran ce and Benefits Plans shall pay all
costs attributable to their particip ation. The benefits of said
plans for a participan t provided coverage pursuant to this section
shall be the same and s hall include the same plan options as would
be made available to a state employee participating in the p lan that
resided at the same loca tion. The premium for participating groups
listed in subsection A of this section shall be the same as paid by
state and education employees.
D. Participating groups listed in subsec tion A of this section
shall not be required to offer dental insurance a s defined in
paragraph 11 of Section 1303 of this t itle, or other insurance as
defined in paragraph 12 of Section 1303 of this title. However, if
dental insurance or any other insuran ce is offered, it must be
provided to all eligible employees. If an emp loyee retires and
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begins to receive benefits from t he Oklahoma Public Employees
Retirement System or terminates service and has a vested benefit
with the Oklahoma Public Employees Reti rement System, the employee
may elect, in the manner provided in Section 1316.2 of this title,
to participate in the dental insurance plan offered through the
Oklahoma Employees Insurance and Benefits Act within thirty (30)
days from the date of terminatio n of employment. The employee shall
pay the full cost of the dental ins urance.
E. 1. Any employee of a group listed in s ubsection A of this
section who retires or who has a vested benefit pursuant to the
Oklahoma Public Employees Retirement System may b egin the health
insurance coverage if t he employer of the employee is no t a
participant of the Oklahoma Employees Insurance and Benefits Act and
does not offer health insurance to its employe es. Such election by
the employee to begin coverage shall be mad e within thirty (30) days
from the date of termination of service.
2. Any employee of a group listed in subsection A of th is
section who retires or who has a vested benefit pursuant to the
Oklahoma Public Employees Retirement System may begin or continue
the health insurance coverage if the em ployer of the employee is a
participant of the Oklahoma Employees Insurance and Bene fits Act and
the election to begin or continue coverage is made with in thirty
(30) days from the date of termination of service.
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F. Any county, city, town, county hospital , public trust,
conservation district, or rural water, sewer, gas or solid waste
management district, or nonprofit water corporation, any of which of
the aforementioned groups is not a participating employer in the
Oklahoma Public Employees Retirement Syst em, but which has employees
who are participating in the health, dental or life insu rance plans
offered by or through the Oklahoma Employees Insurance a nd Benefits
Act on July 1, 1997, may continue to allow its curren t and future
employees to participate i n such health, dental or life ins urance
plans. Participation of such employees may also continue following
termination of employment if the employee ha s completed at least
eight (8) years of service with a participat ing employer and such an
election to continue in force is made within th irty (30) days
following termination of employment. Any retiree or terminated
employee electing coverage pursuant to t his section shall pay the
full cost of the insurance.
G. An employee of a group listed in paragraph 2 o f subsection A
of this section may continue in force health, dental and life
insurance coverage following termination of employment if the
employee has a minimum of eight (8) years of service with a
participating employer and the election to continue in fo rce is made
within thirty (30) ca lendar days following termination of
employment.
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H. Notwithstanding other provisions in this section, an
employer listed in subsection A of this section may cease to
participate in the Oklahoma Employees Insurance and Bene fits Act but
provide health insur ance coverage for its current and former
employees through another insurance carrier. The subsequent carrier
shall be responsible for providing coverage to the entity's
employees who terminated employment with a retirement benefit, with
a vested benefit, or who have eight (8) or more years of service
with a participating employer but did not have a vested benefit
through the Oklahoma Public Employees Retirement System, if the
election to retain health insurance coverage was made within thirty
(30) days of termination of employment. Coverage shall also be
provided to the eligible dependents of the employees if an election
to retain coverage is made within thirty (30) days of termination of
employment. Employees who terminat e employment from an employer
covered by this paragraph before December 31, 2001, an d elect
coverage under the Oklahoma Employees Insurance and Benefits Act,
shall not be required to change insurance carriers in the e vent that
the employer changes its insu rance carrier to a subsequent car rier.
The provisions of this subsection shall beco me effective January 1,
2002.
I. Employers pursuant to subsection A of this section who
participate in the Oklahoma Public Employees Retirement System and
who offer health insurance coverage to their acti ve employees, shall
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offer health insurance coverage to those employees who retire from
the employer and also to those e mployees who terminate employment
and are eligible to elect a ves ted benefit in the System. Such
employers shall begin offering coverage to such employees on or
before January 1, 2004. S uch employees who wish to continue
coverage shall make an election t o retain health insurance coverage
within thirty (30) days of ter mination of employment. However,
former employees of such employers who have already retired or who
have terminated and ar e eligible to elect a vested benefit under the
Oklahoma Public Emplo yees Retirement System, during the period
beginning January 1, 20 02, and ending December 31, 2003, may m ake an
election to begin particip ation in the plans offered by the Office
on or before December 31, 2003, in the same manner as other
participating retired or vested members. The employer, assisted by
the Oklahoma Public Employees Retirement System shall notify by
October 1, 2003, all me mbers who have either retired from the System
or who are eligible to elect a vested benefit in the System between
January 1, 2002, through December 31, 2003, and who were employed by
an employer listed in subsection A of th is section of the member's
potential eligibility to participate in such plans. Each employer
shall notify the Oklahoma Public Employees Retirement Syst em when an
employee is retiring and makes the election pursuant t o this
subsection to continue coverage under a plan offered by such
employer and when an employee terminates employment and is eligible
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to elect a vested benefit in the System and such employ ee elects to
continue coverage under a plan offered by such emplo yer. Such
employer shall also notify t he Oklahoma Public Employees Reti rement
System if a retired employee or an employee who is eligible to elect
a vested benefit in the System terminates s uch continued coverage.
J. Any group that begins participation i n the Oklahoma
Employees Insurance and Benefits Plans after the effectiv e date of
this act and that is not composed of stat e or education employees
must have one hundred percent (100%) partic ipation in the health
plan offered pursuant to the Oklahoma Emplo yees Insurance and
Benefits Act.
SECTION 5. This act shall become effective November 1, 2024.
Passed the House of Representatives the 11th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2024.
Presiding Officer of the Senate