Okla. Stat. tit. 74, § 74-1316.2

terminated service - Law enforcement retirement system members

killed, injured in line of duty - Continuance of health and dental

insurance benefits.

A. Any employee, other than an education employee, who retires

pursuant to the provisions of the Oklahoma Public Employees

Retirement System or who has a vested benefit pursuant to the

provisions of the Oklahoma Public Employees Retirement System may

continue in force the health and dental insurance benefits

authorized by the provisions of the Oklahoma Employees Insurance and

Benefits Act, or other employer insurance benefits if the employer

does not participate in the plans offered by the Oklahoma Health

Care Authority, if such election to continue in force is made within

thirty (30) days from the date of termination of service. Except as

otherwise provided for in subsection H of this section, health and

dental insurance coverage may not be reinstated at a later time if

the election to continue in force is declined. Vested employees

other than education employees who have terminated service and are

not receiving benefits and effective July 1, 1996, nonvested persons

who have terminated service with more than eight (8) years of

participating service with a participating employer, who within

thirty (30) days from the date of termination of service elect to

continue such coverage, shall pay the full cost of the insurance

premium at the rate and pursuant to the terms and conditions

established by the Authority. Provided also, any employee other

than an education employee who commences employment with a

participating employer on or after September 1, 1991, who terminates

service with such employer on or after July 1, 1996, but who

otherwise has insufficient years of service to retire or terminate

service with a vested benefit pursuant to the provisions of the

Oklahoma Public Employees Retirement System or to elect to continue

coverage as a nonvested employee as provided in this section, but

who, immediately prior to employment with the participating

employer, was covered as a dependent on the health and dental

insurance policy of a spouse who was an active employee other than

an education employee, may count as part of his or her credited

service for the purpose of determining eligibility to elect to

continue coverage under this section, the time during which the

terminating employee was covered as such a dependent.

B. 1. Health insurance benefit plans offered pursuant to this

section shall include:

a. indemnity plans offered through the Authority,

Oklahoma Statutes - Title 74. State Government Page 814

b. managed care plans offered as alternatives to the

indemnity plans offered through the Authority,

c. Medicare supplements offered pursuant to the Oklahoma

Employees Insurance and Benefits Act,

d. Medicare risk-sharing contracts offered as

alternatives to the Medicare supplements offered

through the Authority. All Medicare risk-sharing

contracts shall be subject to a risk adjustment

factor, based on generally accepted actuarial

principles for adverse selection which may occur, and

e. for the Oklahoma Public Employees Retirement System,

other employer-provided health insurance benefit plans

if the employer does not participate in the plans

offered pursuant to the Oklahoma Employees Insurance

and Benefits Act.

2. Health insurance benefit plans offered pursuant to this

section shall provide prescription drug benefits, except for plans

designed pursuant to the Medicare Prescription Drug Improvement and

Modernization Act, pursuant to 42 USCA Section 1395w-101, et seq.,

for which provision of prescription drug benefits is optional, and

except for plans offered pursuant to subparagraph e of paragraph 1

of this subsection.

C. 1. Designated public retirement systems shall contribute a

monthly amount towards the health insurance premium of certain

individuals receiving benefits from the public retirement system as

follows:
o 42 USCA Section 1395w-101, et seq.,

for which provision of prescription drug benefits is optional, and

except for plans offered pursuant to subparagraph e of paragraph 1

of this subsection.

C. 1. Designated public retirement systems shall contribute a

monthly amount towards the health insurance premium of certain

individuals receiving benefits from the public retirement system as

follows:

a. a retired employee, other than an education employee

or an employee who participates in the defined

contribution system administered by the Oklahoma

Public Employees Retirement System on or after

November 1, 2015, who is receiving benefits from the

Oklahoma Public Employees Retirement System after

September 30, 1988, shall have One Hundred Five

Dollars ($105.00), or the premium rate of the health

insurance benefit plan, whichever is less, paid by the

Oklahoma Public Employees Retirement System to the

Board or to another insurance carrier or other

qualified benefits administrator of the employer if

the employer does not participate in the plans offered

by the Authority in the manner specified in subsection

G of this section,

b. a retired employee or surviving spouse other than an

education employee who is receiving benefits from the

Oklahoma Law Enforcement Retirement System after

September 30, 1988, is under sixty-five (65) years of

age and is not otherwise eligible for Medicare shall

have the premium rate for the health insurance benefit

Oklahoma Statutes - Title 74. State Government Page 815

plan or One Hundred Five Dollars ($105.00), whichever

is less, paid by the Oklahoma Law Enforcement

Retirement System to the Authority in the manner

specified in subsection G of this section,

c. a retired employee other than an education employee

who is receiving benefits from the Oklahoma Law

Enforcement Retirement System after September 30,

1988, is sixty-five (65) years of age or older or who

is under sixty-five (65) years of age and is eligible

for Medicare shall have One Hundred Five Dollars

($105.00), or the premium rate of the health insurance

benefit plan, whichever is less, paid by the Oklahoma

Law Enforcement Retirement System to the Authority in

the manner specified in subsection G of this section,

and

d. a retired employee other than an education employee

who is receiving benefits from the Uniform Retirement

System for Justices and Judges after September 30,

1988, shall have One Hundred Five Dollars ($105.00),

or the premium rate of the health insurance plan,

whichever is less, paid by the Uniform Retirement

System for Justices and Judges to the Authority in the

manner specified in subsection G of this section.

2. Premium payments made pursuant to this section shall be made

subject to the following conditions:

a. the health plan shall be authorized by the provisions

of the Oklahoma Employees Insurance and Benefits Act,

except that if an employer from which an employee

retired or with a vested benefit pursuant to the

provisions of the Oklahoma Public Employees Retirement

System does not participate in the plans authorized by

the provisions of the Oklahoma Employees Insurance and

Benefits Act, the health plan will be the health

insurance benefits of the employer from which the

individual retired or vested,

b. for plans offered by the Oklahoma Employees Insurance

and Benefits Act, the amount to be paid shall be

determined pursuant to the provisions of this

subsection and shall first be applied in whole or in

part to the prescription drug coverage premium. Any

remaining amount shall be applied toward the medical

coverage premium,

c. for all plans, if the amount paid by the public

retirement system does not cover the full cost of the

elected coverage, the individual shall pay the

remaining premium amount, and

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d. payment shall be made by the retirement systems in the
rug coverage premium. Any

remaining amount shall be applied toward the medical

coverage premium,

c. for all plans, if the amount paid by the public

retirement system does not cover the full cost of the

elected coverage, the individual shall pay the

remaining premium amount, and

Oklahoma Statutes - Title 74. State Government Page 816

d. payment shall be made by the retirement systems in the

manner specified under subsection G of this section.

D. For any member of the Oklahoma Law Enforcement Retirement

System killed in the line of duty, whether the member was killed in

the line of duty prior to May 18, 2005, or on or after May 18, 2005,

or if the member was on a disability leave status at the time of

death, the surviving spouse or dependents of such deceased member of

the Oklahoma Law Enforcement Retirement System may elect to continue

or commence health and dental insurance benefits, provided the

dependents pay the full cost of such insurance, and for deaths

occurring on or after July 1, 2002, such election is made within

thirty (30) days of the date of death. The eligibility for the

benefits shall terminate for the surviving children when the

children cease to qualify as dependents.

E. Effective July 1, 2004, a retired member of the Oklahoma Law

Enforcement Retirement System who retired from the System by means

of a personal and traumatic injury of a catastrophic nature and in

the line of duty and any surviving spouse of such retired member and

any surviving spouse of a member who was killed in the line of duty

shall have one hundred percent (100%) of the retired member's or

surviving spouse's health care premium cost, whether the member or

surviving spouse elects coverage under the Medicare supplement or

Medicare risk-sharing contract, paid by the Oklahoma Law Enforcement

Retirement System to the Authority in the manner specified in

subsection H of this section. For plans offered by the Authority,

such contributions will first be applied in whole or in part to the

prescription drug coverage premium, if any.

F. Dependents of a deceased employee who was on active work

status or on a disability leave at the time of death or of a

participating retardant or of any person who has elected to receive

a vested benefit under the Oklahoma Public Employees Retirement

System, the Uniform Retirement System for Justices and Judges or the

Oklahoma Law Enforcement Retirement System may continue the health

and dental insurance benefits in force, provided the dependents pay

the full cost of such insurance and they were covered as eligible

dependents at the time of such death and such election is made

within thirty (30) days of date of death. The eligibility for the

benefits shall terminate for the surviving children when the

children cease to qualify as dependents.

G. The amounts required to be paid by the Oklahoma Public

Employees Retirement System, the Uniform Retirement System for

Justices and Judges and the Oklahoma Law Enforcement Retirement

System pursuant to this section shall be forwarded no later than the

tenth day of each month following the month for which payment is due

by the Oklahoma Public Employees Retirement System Board of Trustees

or the Oklahoma Law Enforcement Retirement Board to the Authority

for deposit in the Health, Dental and Life Insurance Reserve Fund or

Oklahoma Statutes - Title 74. State Government Page 817

to another insurance carrier or other administrator of qualified

benefits of the employer as provided for in subsection H of Section

1315 of this title.

H. Upon retirement from employment of the Board of Regents of

the University of Oklahoma, any person who was or is employed at the

George Nigh Rehabilitation Institute and who transferred employment

pursuant to Section 3427 of Title 70 of the Oklahoma Statutes, any

person who was employed at the Medical Technology and Research

Authority and who transferred employment pursuant to Section 7068 of
Upon retirement from employment of the Board of Regents of

the University of Oklahoma, any person who was or is employed at the

George Nigh Rehabilitation Institute and who transferred employment

pursuant to Section 3427 of Title 70 of the Oklahoma Statutes, any

person who was employed at the Medical Technology and Research

Authority and who transferred employment pursuant to Section 7068 of

this title and any person who is a member of the Oklahoma Law

Enforcement Retirement System pursuant to the authority of Section

2-314 of Title 47 of the Oklahoma Statutes may participate in the

benefits authorized by the provisions of the Oklahoma Employees

Insurance and Benefits Act for retired participants including

health, dental and life insurance benefits, if such election to

participate is made within thirty (30) days from the date of

termination of service. Life insurance benefits for any such person

who transferred employment shall not exceed the coverage the person

had at the time of such transfer. Retirees who transferred

employment and who participate pursuant to this subsection shall pay

the premium for elected benefits less any amounts paid by a state

retirement system pursuant to this section.