{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-4317","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-4317","heading":"Continuation of health coverage","body":"A. 1. In any case in which a person or his or her dependents\n\nhave coverage under a health plan in connection with the person's\n\nposition of employment, including a group health plan as defined in\n\nSection 607(1) of the federal Employee Retirement Income Security\n\nAct of 1974, and the person is absent from his or her position of\n\nemployment due to service in the state military forces, the plan\n\nshall provide that he or she may elect to continue such coverage as\n\nprovided in this subsection. The maximum period of coverage of a\n\nperson and his or her dependents under an election shall be the\n\nlesser of:\n\na. a twenty-four-month period beginning on the date on\n\nwhich his or her absence begins, or\n\nb. the day after the date on which the person fails to\n\napply for or return to a position of employment, as\n\ndetermined in subsection E of Section 8 of this act.\n\n2. A person who elects to continue health plan coverage under\n\nthis section may be required to pay not more than one hundred two\n\npercent (102%) of the full premium under the plan, determined in the\n\nsame manner as the applicable premium under Section 4980B(f)(4) of\n\nthe Internal Revenue Code of 1986, associated with the coverage for\n\nother employees of the employer, except where a person is absent due\n\nto service in the state military forces for less than thirty-one\n\n(31) days, the person shall not be required to pay more than the\n\nemployee share, if any, for such coverage.\n\n3. For a health plan that is a multiemployer plan, as defined\n\nin Section 3(37) of the federal Employee Retirement Income Security\n\nAct of 1974, any liability under the plan for employer contributions\n\nand benefits arising under this paragraph shall be allocated:\n\na. by the plan in such manner as the plan sponsor shall\n\nprovide, or\n\nb. if the sponsor does not provide:\n\n(1) to the last employer employing the person before\n\nthe period served by the person in the state\n\nmilitary forces, or\n\n(2) if such last employer is no longer functional, to\n\nthe plan.\n\nB. 1. Except as provided in paragraph 2 of this subsection,\n\nfor a person whose coverage under a health plan was terminated by\n\nreason of service in the state military forces, or by reason of the\n\nperson's having become eligible for medical and dental care provided\n\nto the person incidental to his or her service in the state military\n\nforces, an exclusion or waiting period shall not be imposed in\n\nconnection with the reinstatement of coverage upon reemployment\n\nunder the Oklahoma Uniformed Services Employment and Reemployment\n\nRights Act if an exclusion or waiting period would not have been\n\nimposed under a health plan had coverage of the person by the plan\n\nnot been terminated as a result of the service or eligibility. This\n\nparagraph applies to the person who is reemployed and to any person\n\nwho is covered by the plan by reason of the reinstatement of the\n\ncoverage of the person. This paragraph shall not apply to the\n\ncoverage of any illness or injury determined by the Adjutant General\n\nto have been incurred in, or aggravated during, performance of state\n\nactive duty or Title 32 active duty in the state military forces.\n\n2. If a person whose coverage under a health plan is terminated\n\ndue to the person becoming eligible for medical and dental care\n\nprovided to the person incidental to his or her service in the state\n\nmilitary forces but the person subsequently does not commence a\n\nperiod of state active duty or Title 32 active duty under the order\n\nto state active duty or Title 32 active duty that established\n\neligibility because the order is canceled before the duty commences,\n\nthe provisions of paragraph 1 of this subsection related to any\n\nexclusion or waiting period in connection with the reinstatement of\n\ncoverage under a health plan shall apply to the person's continued\n\nemployment, upon the termination of eligibility for medical and\n\ndental care provided to the person due to his or her service in the\nibility because the order is canceled before the duty commences,\n\nthe provisions of paragraph 1 of this subsection related to any\n\nexclusion or waiting period in connection with the reinstatement of\n\ncoverage under a health plan shall apply to the person's continued\n\nemployment, upon the termination of eligibility for medical and\n\ndental care provided to the person due to his or her service in the\n\nstate military forces that is incident to the cancellation of the\n\norder, in the same manner as if the person had become reemployed\n\nupon termination of eligibility.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4ef5ca9802056305163a77c5c1f5b74b271d9545fa7b420001e2a9321b66cb08","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-4316","next":"us-ok/okla.-stat.-tit.-44-44-4319"},"notice":"GroundRules: Original legal text. Not legal advice."}