1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 2006 By: Davis | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to schools; amending 70 O.S. 2021, | | Section 5-117.5, which relates to provision for | 8| health insurance for school district employees; | | providing for health stipend option; providing an | 9| effective date; and declaring an emergency . | | | 10| | | | 11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 12| SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-117.5, is | | | 13|amended to read as follows: | | | 14| Section 5-117.5 A. The board of education of each school | | | 15|district in this state shall provide a health insurance plan for the | | | 16|employees of the school district. School districts may obtain | | | 17|health and dental insurance coverage as provided for in the State | | | 18|and Education Employees Group Insurance Act or may obtain other | | | 19|health insurance coverage. Any school district that does not | | | 20|participate in the health and dental insurance plans offered through | | | 21|the State and Education Employees Group Insurance Act shall obtain | | | 22|health insurance coverage for the employees which provides open | | | 23|enrollment, and provide for the continuation of health insurance | | | 24|coverage, including supplemental Medicare insurance coverage, for | | | Req. No. 5118 Page 1 ___________________________________________________________________________
1|those district employees who retire from said district after | | | 2|September 30, 1991, with a vested benefit in the Teachers' | | | 3|Retirement System of Oklahoma. A retired person who begins | | | 4|receiving benefits from the Teachers' Retirement System of Oklahoma | | | 5|after September 30, 1991, who retires from a school district that | | | 6|provides other health insurance coverage, and who elects to continue | | | 7|said health insurance coverage shall pay to the school district the | | | 8|premium rate for the health insurance minus an amount equal to the | | | 9|premium rate of the Medicare supplement or the amount determined | | | 10|pursuant to subsection (4) of Section 1316.3 of Title 74 of the | | | 11|Oklahoma Statutes, whichever is less, which shall be paid by the | | | 12|Teachers' Retirement System of Oklahoma to the school district. The | | | 13|school district shall remit to the health insurance coverage | | | 14|provider the total premium due less any uncollected amounts payable | | | 15|from retired school district employees or their qualified survivors. | | | 16| B. A school district that participates in health insurance | | | 17|coverage other than the health insurance plan offered by the State | | | 18|and Education Employees Group Insurance Act shall not be required to | | | 19|pay any portion of the premiums for the employees or the dependents | | | 20|of the employees of said school district, except as may otherwise be | | | 21|provided by law. Unless a school district negotiates an agreement | | | 22|with its employees regarding health insurance pursuant to Sections | | | 23|509.1 through 509.9 of this title, and to the extent that the | | | 24|agreement provides for the members of the recognized bargaining | | | Req. No. 5118 Page 2 ___________________________________________________________________________
1|unit, a school district that participates in health insurance | | | 2|coverage other than the health insurance plan offered by the State | | | 3|and Education Employees Group Insurance Act is prohibited from | | | 4|acquiring additional or supplemental health or dental insurance for | | | 5|any board member, school superintendent or any other employee which | | | 6|is not available to all employees of said district, and said school | | | 7|district shall not pay a greater portion of the employee or | | | 8|dependent premium for any health or dental insurance plan or plans | | | 9|provided by said school district on behalf of any board member, | | | 10|school superintendent or employee than that portion paid on behalf | | | 11|of all participating employees of said district. | | | 12| C. If a school district obtains health insurance coverage from | | | 13|a source other than through the State and Education Employees Group | | | 14|Insurance Act, the employees of the school district who would be | | | 15|eligible to participate in the health and dental plans may require | | | 16|the board of education of the school district to call an election to | | | 17|allow said employees to vote as to whether the school district shall | | | 18|participate in the health and dental insurance plans offered through | | | 19|the State and Education Employees Group Insurance Act. Upon the | | | 20|filing with the board of education of a petition calling for such an | | | 21|election which is signed by no less than thirty percent (30%) of the | | | 22|eligible employees of the school district, the board of education | | | 23|shall call an election for the purpose of determining whether the | | | 24|school district shall participate in the health and dental insurance | | | Req. No. 5118 Page 3 ___________________________________________________________________________
1|plans offered through the State and Education Employees Group | | | 2|Insurance Act. The election shall be held within thirty (30) days | | | 3|of the filing of the petition. If a majority of those eligible | | | 4|employees voting at the election vote to participate in the health | | | 5|and dental insurance plans offered through the State and Education | | | 6|Employees Group Insurance Act, the board of education of the school | | | 7|district shall apply for such participation within thirty (30) days | | | 8|of the election. | | | 9| D. If a school district does not have any health insurance | | | 10|coverage of the type required by this section, that school district | | | 11|shall immediately be enrolled in the health and dental insurance | | | 12|plans offered through the State and Education Employees Group | | | 13|Insurance Act. | | | 14| E. A carrier providing health insurance coverage for employees | | | 15|of a school district health insurance group which replaces a | | | 16|previous carrier for such school district employees shall provide | | | 17|coverage for each retired employee who is receiving a benefit or | | | 18|terminates employment with a vested benefit from the Teachers' | | | 19|Retirement System of Oklahoma and who is enrolled in the health | | | 20|insurance group by the previous carrier at the time the previous | | | 21|carrier providing health insurance coverage is replaced. | | | 22|Notwithstanding any provision in this section to the contrary, any | | | 23|person who retires pursuant to the provisions of the Teachers' | | | 24|Retirement System of Oklahoma prior to May 1, 1993, or terminates | | | Req. No. 5118 Page 4 ___________________________________________________________________________
1|service with a vested benefit, pursuant to the provisions of the | | | 2|Teachers' Retirement System of Oklahoma prior to May 1, 1993, may | | | 3|continue to participate in the health and dental plans authorized by | | | 4|the provisions of the State and Education Employees Group Insurance | | | 5|Act. | | | 6| F. In the event a school district ceases to exist, the assets | | | 7|and duties of said school district are transferred to one or more | | | 8|other school districts, said other school district or districts do | | | 9|not agree to employ all of the former employees of the school | | | 10|district that is ceasing to exist, and said former employees who are | | | 11|not being reemployed have rights under federal or state law to | | | 12|continue group insurance coverage, the school district receiving all | | | 13|or a portion of the assets and duties of the annexing school | | | 14|district having the largest general fund revenue for the most recent | | | 15|preceding fiscal year for which data is available shall provide | | | 16|group insurance coverage to said former employees not being retained | | | 17|during the period as required by law. | | | 18| G. Any member of a district board of education who terminates | | | 19|service on or after July 1, 2002, who has served ten (10) or more | | | 20|years as a district board of education member in this state, and who | | | 21|is participating at the time of termination in a health and/or | | | 22|dental insurance plan offered by the school district, may elect upon | | | 23|termination of such service to continue participation in the health | | | 24|and/or dental insurance plan that the member was participating in at | | | Req. No. 5118 Page 5 ___________________________________________________________________________
1|the time of termination. The election provided in this subsection | | | 2|shall be made within thirty (30) days from the date of the school | | | 3|board member's termination of service. The school board member | | | 4|shall pay the full cost of the insurance premium for such | | | 5|after-termination coverage at the rate and pursuant to the terms and | | | 6|conditions of such health and/or dental plan. | | | 7| H. The board of education of each school district in this state | | | 8|shall, during the open enrollment period, offer employees the option | | | 9|to opt-out of provided health insurance plans and instead receive a | | | 10|health insurance stipend of One Hundred and Fifty Dollars ($150.00) | | | 11|that shall be reflected in their salary. | | | 12| SECTION 2. This act shall become effective July 1, 2023. | | | 13| SECTION 3. It being immediately necessary for the preservation | | | 14|of the public peace, health or safety, an emergency is hereby | | | 15|declared to exist, by reason whereof this act shall take effect and | | | 16|be in full force from and after its passage and approval. | | | 17| | | | 18| 59-1-5118 MJ 01/11/23 | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 5118 Page 6