Oklahoma 2025 Regular Session

Oklahoma House Bill HB1769 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 1769 Page 1 1
	3	+	HB1769 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1769 By: Kerbs of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 60th Legislature (2025)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 1769 By: Kerbs of the House
30	38
31	39		and
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33	41		Pederson of the Senate
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	47	+	COMMITTEE SUBSTITUTE
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40	49		An Act relating to insurance; amending 70 O.S. 2021,
41	50		Section 26-105, as amended by Section 3, Chapter 245,
42	51		O.S.L. 2024 (70 O.S. Supp. 2024, Section 26 -105),
43	52		which relates to purchase of benefits by school
44	53		district employees; clarifying type of plan for
45	54		annual election; modifying enrollment period for
46	55		benefits; allowing enrollment for additional benefits
47	56		in certain circumstances; and providing an effective
48	57		date.
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54	63		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
55	64		SECTION 1. AMENDATORY 70 O.S. 2021, Section 26 -105, as
56	65		amended by Section 3, Chapter 245, O.S.L. 2024 (70 O.S. Supp. 2024,
57	66		Section 26-105), is amended to read as follows:
58	67		Section 26-105. A. The flexible benefit allowance shall be
59	68		used by a school district employee who is participating in the
60	69		cafeteria plan to purchase major medical health care plan coverage
61		-	offered by the school district through a cafeteria plan. Any ex cess
62		-	flexible benefit allowance over the cost of the major medical
63		-	coverage purchased by the employee who is participating in the
64		-	cafeteria plan may be used to purchase any of the additional
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66		-	ENGR. H. B. NO. 1769 Page 2 1
	71	+	HB1769 HFLR Page 2
	72	+	BOLD FACE denotes Committee Amendments. 1
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	97	+	offered by the school district through a cafeteria plan. Any excess
	98	+	flexible benefit allowance over the cost of the ma jor medical
	99	+	coverage purchased by the employee w ho is participating in the
	100	+	cafeteria plan may be used to purchase any of the additional
91	101		benefits offered by the school district or may be taken as taxable
92	102		compensation as provided in subsection C of this section. Certified
93	103		personnel who choose not to part icipate in the school -district-
94	104		sponsored cafeteria plan shall receive Sixty -nine Dollars and
95	105		seventy-one cents ($69.71) per month as taxable compensation in lieu
96	106		of the flexible benefit allowance amount provi ded in subsection B of
97	107		this section. Support pe rsonnel who choose not to participate in
98	108		the school-district-sponsored cafeteria plan shall receive One
99	109		Hundred Eighty-nine Dollars and sixty -nine cents ($189.69) per month
100	110		as taxable compensation in lieu of the flexible benefit allowance
101	111		amount provided in subsection B of this section.
102	112		B. Each eligible school district employee shall be credited
103	113		annually with a specified amount as a flexible benefit allowance
104	114		which shall be available for the purchase of benef its. The amount
105	115		of the flexible benefit allowan ce credited to each eligible school
106	116		district employee shall be communicated to the employee prior to the
107	117		enrollment period for each plan year.
108	118		1. For the fiscal year ending June 30, 2002, the flexible
109	119		benefit allowance amount for certified personnel shall be no less
110	120		than Sixty-nine Dollars and seventy -one cents ($69.71) per month.
111		-	For the fiscal year ending June 30, 2002, the flexible benefit
112		-	allowance amount for support personnel shall be no less than One
113		-	Hundred Eighty-nine Dollars and sixty -nine cents ($189.69) per
114		-	month.
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116		-	ENGR. H. B. NO. 1769 Page 3 1
	122	+	HB1769 HFLR Page 3
	123	+	BOLD FACE denotes Committee Amendments. 1
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	148	+	For the fiscal year ending June 30, 2002, the flexible benefit
	149	+	allowance amount for support personnel shall be no less than One
	150	+	Hundred Eighty-nine Dollars and sixty -nine cents ($189.69) per
	151	+	month.
141	152		2. For the fiscal year ending June 30, 2004, the flexible
142	153		benefit allowance amount for certified personnel shall be no less
143	154		than fifty-eight percent (58%) of the premium amount for the
144	155		HealthChoice (Hi) option plan for an individual o ffered by the
145	156		Oklahoma Employees Insurance and Benefits Board. For the fiscal
146	157		year ending June 30, 2003, and each fiscal year thereafter, the
147	158		flexible benefit allowance amount for support personnel shall be no
148	159		less than one hundred percent (100%) of the p remium amount for the
149	160		HealthChoice (Hi) option plan for an individual offered by the
150	161		Oklahoma Employees Insurance and Benefits Board.
151	162		3. For the fiscal year ending June 30, 2005, and each fiscal
152	163		year thereafter, the flexible benefit allowance amount for c ertified
153	164		personnel shall be no less than one hundred percent (100%) of the
154	165		premium amount for the HealthChoice (Hi) option plan for an
155	166		individual offered by the Oklahoma Employees Insurance and Benefits
156	167		Board.
157	168		C. If a school district employee who is parti cipating in the
158	169		cafeteria plan elects benefits whose sum total is less than the
159	170		flexible benefit allowance, the employee shall receive any excess
160	171		flexible benefit allowance as taxable compensation. Such taxable
161		-	compensation shall be paid in substantially equal amounts each pay
162		-	period over the plan year. Except as otherwise provided for in
163		-	subsection D of this section, on termination during a plan year, a
164		-	participating school district employee shall have no right to
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166		-	ENGR. H. B. NO. 1769 Page 4 1
	173	+	HB1769 HFLR Page 4
	174	+	BOLD FACE denotes Committee Amendments. 1
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	199	+	compensation shall be paid in substantially equal amounts each pay
	200	+	period over the plan year. Except as otherwise provided for in
	201	+	subsection D of this section, on termination during a plan year, a
	202	+	participating school district employee shall have no r ight to
191	203		receive any taxable cash compensation al located to the portion of
192	204		the plan year after the termination of the employee.
193	205		D. In cases where the employee of a school district fulfills
194	206		the terms of their contract and terminates employment for the
195	207		subsequent year, the employee shall be entitled to th e flexible
196	208		benefit allowance for the remainder of the current benefit term.
197	209		For purposes of this subsection, "benefit term" shall mean the
198	210		twelve-month period after the initiation of benefits for the
199	211		position held by the employee.
200	212		E. Each school district employee shall make an annual election
201	213		of major medical health care plan benefits under the cafeteria plan
202	214		during an enrollment period to be held prior to the beginning of
203	215		each plan year beginning November 1 and running until December 15 .
204	216		The enrollment period dates will be determined annually and will be
205	217		announced by the school district , providing the enrollment period
206	218		shall end no later than thirty (30) days before the beginning of the
207	219		plan year. Each school district employee shall make an irrevocable
208	220		advance election for the plan year or the remainder of the plan year
209	221		pursuant to procedures the school district shall prescribe.
210	222		Notwithstanding, the enrollment period as set forth in this section
211		-	shall only apply to an employee’s enrollment in the school
212		-	district’s major medical health care plan, and shall not preclude
213		-	the enrollment of employees in additional benefits offered by the
214		-	district on such dat es as determined appropriate by the district.
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216		-	ENGR. H. B. NO. 1769 Page 5 1
	224	+	HB1769 HFLR Page 5
	225	+	BOLD FACE denotes Committee Amendments. 1
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	250	+	shall only apply to an employee’s enrollment in the school
	251	+	district’s major medical health care plan, and shall not preclude
	252	+	the enrollment of employees in additional benefits offered by the
	253	+	district on such dates as determined appropriate by the district.
241	254		F. The school district shall prescribe the forms that sc hool
242	255		district employees shall be required to use in making their
243	256		elections, and may prescribe deadlines and other procedures for
244	257		filing the elections.
245	258		G. School district employees hired after the closing of the
246	259		enrollment period shall be allowed to make a n election as provided
247	260		in this act.
248	261		H. A district board of education shall have the option of
249	262		providing a flexible benefit allowance to the superintendent of the
250	263		school district in an amount not more than th e amount of the
251	264		flexible benefit allowance estab lished for certified personnel in
252	265		subsection B of this section. Funding for the flexible benefit
253	266		allowance for a superintendent shall be provided through local
254	267		revenue.
255	268		SECTION 2. This act shall become effective November 1, 2025.
256		-	Passed the House of Representatives the 12th day of March, 2025.
	269	+
	270	+	COMMITTEE REPORT BY: COMMITTEE ON EDUCATION OVERSIGHT, dated
	271	+	03/04/2025 - DO PASS, As Amended and Coauthored.
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261		-	Presiding Officer of the House
262		-	of Representatives
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266		-	Passed the Senate the ___ day of __________, 2025.
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271		-	Presiding Officer of the Senate