Okla. Stat. tit. 47, § 47-2-305.1C: Direct payments for qualified health insurance

premiums - Definitions - Rules.

A. A member who is an eligible retired public safety officer

and who wishes to have direct payments made toward the member’s

qualified health insurance premiums from the member’s monthly

disability benefit or monthly retirement payment must make a written

election in accordance with Section 402(l) of the Internal Revenue

Code of 1986, as amended, on the form provided by the Oklahoma Law

Enforcement Retirement System, as follows:

1. The election must be made after the member separates from

service as a public safety officer with the member’s participating

employer;

2. The election shall only apply to distributions from the

System after December 31, 2006, and to amounts not yet distributed

to the eligible retired public safety officer;

3. Payments from the System for an eligible retired public

safety officer’s qualified health insurance premiums made directly

to the provider of such coverage can only be made from the member’s

monthly disability benefit or monthly retirement payment from the

System and cannot be made from the Oklahoma Law Enforcement Deferred

Option Plan; and

4. The aggregate amount of the exclusion from an eligible

retired public safety officer’s gross income is Three Thousand

Dollars ($3,000.00) per calendar year.

B. As used in this section:

1. “Eligible retired public safety officer” is a member who, by

reason of disability or attainment of normal retirement date or age,

is separated from service as a public safety officer with the

member’s participating employer;

2. “Public safety officer” means a member serving a public

agency in an official capacity, with or without compensation, as a

law enforcement officer, firefighter, chaplain, or a member of a

rescue squad or ambulance crew; and

3. “Qualified health insurance premiums” means premiums for

coverage for the eligible retired public safety officer, the

eligible retired public safety officer’s spouse, and dependents, as

defined in Section 152 of the Internal Revenue Code of 1986, as

amended, by an accident or health plan or a qualified long-term care

insurance contract, as defined in Section 7702B(b) of the Internal

Revenue Code of 1986, as amended. The health plan does not have to

be sponsored by the eligible retired public safety officer’s former

participating employer.

C. The Board may promulgate such rules or procedures as are

necessary to implement the provisions of this section or to

facilitate a member’s election under Section 402(l) of the Internal

Revenue Code of 1986, as amended.