Okla. Stat. tit. 11, § 11-49-106.5

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 pension 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

Firefighters Pension and 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

municipality;

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

Oklahoma Statutes - Title 11. Cities and Towns Page 561

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

monthly disability benefit or monthly pension payment from the

System and cannot be made from the 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. “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 as a member of a

rescue squad or ambulance crew;

2. “Eligible retired public safety officer” means 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 municipality; and

3. “Qualified health insurance premiums” are 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 municipality.

C. The Oklahoma Firefighters Pension and Retirement 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.