{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-1316.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-1316.2","heading":"Noneducation employees who have retired or otherwise","body":"terminated service - Law enforcement retirement system members\n\nkilled, injured in line of duty - Continuance of health and dental\n\ninsurance benefits.\n\nA. Any employee, other than an education employee, who retires\n\npursuant to the provisions of the Oklahoma Public Employees\n\nRetirement System or who has a vested benefit pursuant to the\n\nprovisions of the Oklahoma Public Employees Retirement System may\n\ncontinue in force the health and dental insurance benefits\n\nauthorized by the provisions of the Oklahoma Employees Insurance and\n\nBenefits Act, or other employer insurance benefits if the employer\n\ndoes not participate in the plans offered by the Oklahoma Health\n\nCare Authority, if such election to continue in force is made within\n\nthirty (30) days from the date of termination of service. Except as\n\notherwise provided for in subsection H of this section, health and\n\ndental insurance coverage may not be reinstated at a later time if\n\nthe election to continue in force is declined. Vested employees\n\nother than education employees who have terminated service and are\n\nnot receiving benefits and effective July 1, 1996, nonvested persons\n\nwho have terminated service with more than eight (8) years of\n\nparticipating service with a participating employer, who within\n\nthirty (30) days from the date of termination of service elect to\n\ncontinue such coverage, shall pay the full cost of the insurance\n\npremium at the rate and pursuant to the terms and conditions\n\nestablished by the Authority. Provided also, any employee other\n\nthan an education employee who commences employment with a\n\nparticipating employer on or after September 1, 1991, who terminates\n\nservice with such employer on or after July 1, 1996, but who\n\notherwise has insufficient years of service to retire or terminate\n\nservice with a vested benefit pursuant to the provisions of the\n\nOklahoma Public Employees Retirement System or to elect to continue\n\ncoverage as a nonvested employee as provided in this section, but\n\nwho, immediately prior to employment with the participating\n\nemployer, was covered as a dependent on the health and dental\n\ninsurance policy of a spouse who was an active employee other than\n\nan education employee, may count as part of his or her credited\n\nservice for the purpose of determining eligibility to elect to\n\ncontinue coverage under this section, the time during which the\n\nterminating employee was covered as such a dependent.\n\nB. 1. Health insurance benefit plans offered pursuant to this\n\nsection shall include:\n\na. indemnity plans offered through the Authority,\n\nb. managed care plans offered as alternatives to the\n\nindemnity plans offered through the Authority,\n\nc. Medicare supplements offered pursuant to the Oklahoma\n\nEmployees Insurance and Benefits Act,\n\nd. Medicare risk-sharing contracts offered as\n\nalternatives to the Medicare supplements offered\n\nthrough the Authority. All Medicare risk-sharing\n\ncontracts shall be subject to a risk adjustment\n\nfactor, based on generally accepted actuarial\n\nprinciples for adverse selection which may occur, and\n\ne. for the Oklahoma Public Employees Retirement System,\n\nother employer-provided health insurance benefit plans\n\nif the employer does not participate in the plans\n\noffered pursuant to the Oklahoma Employees Insurance\n\nand Benefits Act.\n\n2. Health insurance benefit plans offered pursuant to this\n\nsection shall provide prescription drug benefits, except for plans\n\ndesigned pursuant to the Medicare Prescription Drug Improvement and\n\nModernization Act, pursuant to 42 USCA Section 1395w-101, et seq.,\n\nfor which provision of prescription drug benefits is optional, and\n\nexcept for plans offered pursuant to subparagraph e of paragraph 1\n\nof this subsection.\n\nC. 1. Designated public retirement systems shall contribute a\n\nmonthly amount towards the health insurance premium of certain\n\nindividuals receiving benefits from the public retirement system as\n\nfollows:\no 42 USCA Section 1395w-101, et seq.,\n\nfor which provision of prescription drug benefits is optional, and\n\nexcept for plans offered pursuant to subparagraph e of paragraph 1\n\nof this subsection.\n\nC. 1. Designated public retirement systems shall contribute a\n\nmonthly amount towards the health insurance premium of certain\n\nindividuals receiving benefits from the public retirement system as\n\nfollows:\n\na. a retired employee, other than an education employee\n\nor an employee who participates in the defined\n\ncontribution system administered by the Oklahoma\n\nPublic Employees Retirement System on or after\n\nNovember 1, 2015, who is receiving benefits from the\n\nOklahoma Public Employees Retirement System after\n\nSeptember 30, 1988, shall have One Hundred Five\n\nDollars ($105.00), or the premium rate of the health\n\ninsurance benefit plan, whichever is less, paid by the\n\nOklahoma Public Employees Retirement System to the\n\nBoard or to another insurance carrier or other\n\nqualified benefits administrator of the employer if\n\nthe employer does not participate in the plans offered\n\nby the Authority in the manner specified in subsection\n\nG of this section,\n\nb. a retired employee or surviving spouse other than an\n\neducation employee who is receiving benefits from the\n\nOklahoma Law Enforcement Retirement System after\n\nSeptember 30, 1988, is under sixty-five (65) years of\n\nage and is not otherwise eligible for Medicare shall\n\nhave the premium rate for the health insurance benefit\n\nplan or One Hundred Five Dollars ($105.00), whichever\n\nis less, paid by the Oklahoma Law Enforcement\n\nRetirement System to the Authority in the manner\n\nspecified in subsection G of this section,\n\nc. a retired employee other than an education employee\n\nwho is receiving benefits from the Oklahoma Law\n\nEnforcement Retirement System after September 30,\n\n1988, is sixty-five (65) years of age or older or who\n\nis under sixty-five (65) years of age and is eligible\n\nfor Medicare shall have One Hundred Five Dollars\n\n($105.00), or the premium rate of the health insurance\n\nbenefit plan, whichever is less, paid by the Oklahoma\n\nLaw Enforcement Retirement System to the Authority in\n\nthe manner specified in subsection G of this section,\n\nand\n\nd. a retired employee other than an education employee\n\nwho is receiving benefits from the Uniform Retirement\n\nSystem for Justices and Judges after September 30,\n\n1988, shall have One Hundred Five Dollars ($105.00),\n\nor the premium rate of the health insurance plan,\n\nwhichever is less, paid by the Uniform Retirement\n\nSystem for Justices and Judges to the Authority in the\n\nmanner specified in subsection G of this section.\n\n2. Premium payments made pursuant to this section shall be made\n\nsubject to the following conditions:\n\na. the health plan shall be authorized by the provisions\n\nof the Oklahoma Employees Insurance and Benefits Act,\n\nexcept that if an employer from which an employee\n\nretired or with a vested benefit pursuant to the\n\nprovisions of the Oklahoma Public Employees Retirement\n\nSystem does not participate in the plans authorized by\n\nthe provisions of the Oklahoma Employees Insurance and\n\nBenefits Act, the health plan will be the health\n\ninsurance benefits of the employer from which the\n\nindividual retired or vested,\n\nb. for plans offered by the Oklahoma Employees Insurance\n\nand Benefits Act, the amount to be paid shall be\n\ndetermined pursuant to the provisions of this\n\nsubsection and shall first be applied in whole or in\n\npart to the prescription drug coverage premium. Any\n\nremaining amount shall be applied toward the medical\n\ncoverage premium,\n\nc. for all plans, if the amount paid by the public\n\nretirement system does not cover the full cost of the\n\nelected coverage, the individual shall pay the\n\nremaining premium amount, and\n\nd. payment shall be made by the retirement systems in the\nrug coverage premium. Any\n\nremaining amount shall be applied toward the medical\n\ncoverage premium,\n\nc. for all plans, if the amount paid by the public\n\nretirement system does not cover the full cost of the\n\nelected coverage, the individual shall pay the\n\nremaining premium amount, and\n\nd. payment shall be made by the retirement systems in the\n\nmanner specified under subsection G of this section.\n\nD. For any member of the Oklahoma Law Enforcement Retirement\n\nSystem killed in the line of duty, whether the member was killed in\n\nthe line of duty prior to May 18, 2005, or on or after May 18, 2005,\n\nor if the member was on a disability leave status at the time of\n\ndeath, the surviving spouse or dependents of such deceased member of\n\nthe Oklahoma Law Enforcement Retirement System may elect to continue\n\nor commence health and dental insurance benefits, provided the\n\ndependents pay the full cost of such insurance, and for deaths\n\noccurring on or after July 1, 2002, such election is made within\n\nthirty (30) days of the date of death. The eligibility for the\n\nbenefits shall terminate for the surviving children when the\n\nchildren cease to qualify as dependents.\n\nE. Effective July 1, 2004, a retired member of the Oklahoma Law\n\nEnforcement Retirement System who retired from the System by means\n\nof a personal and traumatic injury of a catastrophic nature and in\n\nthe line of duty and any surviving spouse of such retired member and\n\nany surviving spouse of a member who was killed in the line of duty\n\nshall have one hundred percent (100%) of the retired member's or\n\nsurviving spouse's health care premium cost, whether the member or\n\nsurviving spouse elects coverage under the Medicare supplement or\n\nMedicare risk-sharing contract, paid by the Oklahoma Law Enforcement\n\nRetirement System to the Authority in the manner specified in\n\nsubsection H of this section. For plans offered by the Authority,\n\nsuch contributions will first be applied in whole or in part to the\n\nprescription drug coverage premium, if any.\n\nF. Dependents of a deceased employee who was on active work\n\nstatus or on a disability leave at the time of death or of a\n\nparticipating retardant or of any person who has elected to receive\n\na vested benefit under the Oklahoma Public Employees Retirement\n\nSystem, the Uniform Retirement System for Justices and Judges or the\n\nOklahoma Law Enforcement Retirement System may continue the health\n\nand dental insurance benefits in force, provided the dependents pay\n\nthe full cost of such insurance and they were covered as eligible\n\ndependents at the time of such death and such election is made\n\nwithin thirty (30) days of date of death. The eligibility for the\n\nbenefits shall terminate for the surviving children when the\n\nchildren cease to qualify as dependents.\n\nG. The amounts required to be paid by the Oklahoma Public\n\nEmployees Retirement System, the Uniform Retirement System for\n\nJustices and Judges and the Oklahoma Law Enforcement Retirement\n\nSystem pursuant to this section shall be forwarded no later than the\n\ntenth day of each month following the month for which payment is due\n\nby the Oklahoma Public Employees Retirement System Board of Trustees\n\nor the Oklahoma Law Enforcement Retirement Board to the Authority\n\nfor deposit in the Health, Dental and Life Insurance Reserve Fund or\n\nto another insurance carrier or other administrator of qualified\n\nbenefits of the employer as provided for in subsection H of Section\n\n1315 of this title.\n\nH. Upon retirement from employment of the Board of Regents of\n\nthe University of Oklahoma, any person who was or is employed at the\n\nGeorge Nigh Rehabilitation Institute and who transferred employment\n\npursuant to Section 3427 of Title 70 of the Oklahoma Statutes, any\n\nperson who was employed at the Medical Technology and Research\n\nAuthority and who transferred employment pursuant to Section 7068 of\nUpon retirement from employment of the Board of Regents of\n\nthe University of Oklahoma, any person who was or is employed at the\n\nGeorge Nigh Rehabilitation Institute and who transferred employment\n\npursuant to Section 3427 of Title 70 of the Oklahoma Statutes, any\n\nperson who was employed at the Medical Technology and Research\n\nAuthority and who transferred employment pursuant to Section 7068 of\n\nthis title and any person who is a member of the Oklahoma Law\n\nEnforcement Retirement System pursuant to the authority of Section\n\n2-314 of Title 47 of the Oklahoma Statutes may participate in the\n\nbenefits authorized by the provisions of the Oklahoma Employees\n\nInsurance and Benefits Act for retired participants including\n\nhealth, dental and life insurance benefits, if such election to\n\nparticipate is made within thirty (30) days from the date of\n\ntermination of service. Life insurance benefits for any such person\n\nwho transferred employment shall not exceed the coverage the person\n\nhad at the time of such transfer. Retirees who transferred\n\nemployment and who participate pursuant to this subsection shall pay\n\nthe premium for elected benefits less any amounts paid by a state\n\nretirement system pursuant to this section.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2377a2b11701eebe4bee45a5958f72643977e96ec88367838a31426d37f75b50","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-1316.1","next":"us-ok/okla.-stat.-tit.-74-74-1316.3"},"notice":"GroundRules: Original legal text. Not legal advice."}