1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 1042 By: Randleman | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to education; amending 70 O.S. 2021, | | Section 26-103, which relates to flexible benefits | 8| allowance; modifying definition; and providing an | | effective date. | 9| | | | 10| | | | 11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 12| SECTION 1. AMENDATORY 70 O.S. 2021, Section 26-103, is | | | 13|amended to read as follows: | | | 14| Section 26-103. The following words and phrases as used in | | | 15|Section 26-101 et seq. of this title, unless a different meaning is | | | 16|clearly required by the context, shall have the following meanings: | | | 17| 1. "Benefit" means any of the benefits which may be purchased | | | 18|or are required to be purchased under the cafeteria plan; | | | 19| 2. "Cafeteria plan" means a benefit plan established pursuant | | | 20|to 26 U.S.C. Section 125; | | | 21| 3. "Flexible benefit allowance" means amounts credited by the | | | 22|school district for each school district employee for the purchase | | | 23|of benefits under the cafeteria plan; | | | 24| | | | ___________________________________________________________________________
1| 4. "Support personnel" means full-time employees of a school | | | 2|district as determined by the standard period of labor which is | | | 3|customarily understood to constitute full-time employment for the | | | 4|type of services performed by the employees who are employed a | | | 5|minimum of six (6) hours per day for a minimum of one hundred | | | 6|seventy-two (172) days or a minimum of six (6) hours per day for a | | | 7|minimum of one thousand thirty-two (1,032) hours per year and who | | | 8|provide services not performed by certified personnel, or bus | | | 9|drivers who are employed a minimum of (20) hours per week for a | | | 10|minimum of one hundred seventy-two (172) days per year, and which is | | | 11|necessary for the efficient and satisfactory functioning of a school | | | 12|district, and shall include cooks, janitors, maintenance personnel, | | | 13|bus drivers, noncertified or nonregistered nurses, noncertified | | | 14|librarians, and clerical employees of a school district but shall | | | 15|not include adult education instructors or adult coordinators | | | 16|employed by technology center school districts; | | | 17| 5. "Plan year" means the twelve-month period established by the | | | 18|school district for the cafeteria plan; | | | 19| 6. "School district" means the public school districts and | | | 20|technology center school districts of this state; | | | 21| 7. "School district employee" means certified or support | | | 22|personnel as defined in Section 26-101 et seq. of this title. | | | 23|Employees of an educational service provider contracted with a | | | 24|school district pursuant to subsection G of Section 5-117 of this | | | ___________________________________________________________________________
1|title who perform functions that would otherwise be performed by a | | | 2|school district employee shall be considered employees of a school | | | 3|district for purposes of the Larry Dickerson Education Flexible | | | 4|Benefits Allowance Act unless otherwise provided for in the contract | | | 5|between the educational service provider and the contracting school | | | 6|district; | | | 7| 8. "Certified personnel" means a certified person employed on a | | | 8|full-time basis to serve as a teacher, principal, supervisor, | | | 9|administrator, counselor, librarian, or certified or registered | | | 10|nurse, but shall not mean a superintendent of a school district; and | | | 11| 9. "Self-insured" means a health care program in which the | | | 12|school district funds the benefit plans from its own resources | | | 13|without purchasing insurance and which may be administered by the | | | 14|school district or by an outside administrator under contract with | | | 15|the school district for administrative services. The State Board of | | | 16|Education shall prepare by May 1st of each year a list of each | | | 17|school district in the state that is self-insured and the number of | | | 18|support personnel and the number of certified personnel that are | | | 19|participating in each self-insured school district plan. | | | 20| SECTION 2. This act shall become effective November 1, 2023. | | | 21| | | | 22| 59-1-5718 MJ 12/16/22 | | | 23| | | | 24| | | |