Okla. Stat. tit. 74, § 74-1316.3

employees - Retirement or other termination of service -

Continuation of health and dental insurance benefits.

Oklahoma Statutes - Title 74. State Government Page 818

A. Any person who retires pursuant to the provisions of the

Teachers' Retirement System of Oklahoma with at least ten (10) years

of creditable service or who has a vested benefit with at least ten

(10) years of creditable service, pursuant to the provisions of the

Teachers' Retirement System of Oklahoma may continue in force the

health and dental insurance benefits authorized by the provisions of

the Oklahoma Employees Insurance and Benefits Act if such election

to continue in force or begin is made within thirty (30) days from

the date of termination of service. Except as provided in

subsection E of Sections 5-117.5 and 14-108.1 of Title 70 of the

Oklahoma Statutes and subsection K of this section, health and

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

the election to continue in force or begin coverage is declined.

Vested persons who have terminated service and are not receiving

benefits and effective July 1, 1996, nonvested persons who have

terminated service with more than ten (10) years of participating

service with a qualifying employer, who within thirty (30) days from

the date of termination of service, elect to continue such coverage,

shall pay the full cost of said insurance premium at the rate and

pursuant to the terms and conditions established by the Oklahoma

Health Care Authority.

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

section shall include:

a. indemnity plans offered through the Authority,

b. managed care plans offered as alternatives to the

indemnity plans,

c. Medicare supplements offered through the Authority,

d. Medicare risk-sharing contracts offered as

alternatives to the Medicare supplements offered

through the Authority, and

e. any 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 of 2003, which may or may not contain prescription

drug benefits, 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. A retired person who:

1. Is receiving benefits from the Teachers' Retirement System

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

of age and is not otherwise eligible for Medicare and pursuant to

subsection A of this section elects to begin or to continue the

health insurance plan;

Oklahoma Statutes - Title 74. State Government Page 819

2. Is receiving benefits from the Teachers' Retirement System

of Oklahoma after June 30, 1993, is under sixty-five (65) years of

age and is not otherwise eligible for Medicare and participates in a

health insurance plan provided by a participating education employer

of the Teachers' Retirement System of Oklahoma other than a health

insurance plan offered pursuant to the Oklahoma Employees Insurance

and Benefits Act or an alternative health plan offered pursuant to

the Oklahoma State Employees Benefits Act;

3. Is receiving benefits from the Teachers' Retirement System

of Oklahoma after September 30, 1988, made contributions to the

system and is sixty-five (65) years of age or older, or who is under

sixty-five (65) years of age and is eligible for Medicare and is a

participant in the Oklahoma Employees Insurance and Benefits Act and

elects coverage under the Medicare supplement offered by the

Authority; or

4. Is receiving benefits from the Teachers' Retirement System

of Oklahoma after June 30, 1993, made contributions to the system
sixty-five (65) years of age or older, or who is under

sixty-five (65) years of age and is eligible for Medicare and is a

participant in the Oklahoma Employees Insurance and Benefits Act and

elects coverage under the Medicare supplement offered by the

Authority; or

4. Is receiving benefits from the Teachers' Retirement System

of Oklahoma after June 30, 1993, made contributions to the system

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

five (65) years of age and is eligible for Medicare and participates

in a health insurance plan provided by a participating education

employer of the Teachers' Retirement System of Oklahoma other than a

health insurance plan offered pursuant to the Oklahoma Employees

Insurance and Benefits Act or an alternative health plan offered

pursuant to the Oklahoma State Employees Benefits Act and elects

coverage under the Medicare supplement offered by the Authority,

shall have the amount determined pursuant to subsection E of this

section, or the premium rate of the health insurance benefit plan,

whichever is less, paid by the Teachers' Retirement System of

Oklahoma. If the amount paid by the Teachers' Retirement System of

Oklahoma does not cover the full cost of the health insurance

premium, the retired person shall pay the remaining amount if the

retired person wants to continue the coverage.

D. The Teachers' Retirement System shall pay the amount due

pursuant to the provisions of subsection C of this section as

follows:

1. For those individuals participating in plans provided

through the Oklahoma Employees Insurance and Benefits Act, payment

shall be made to the Authority pursuant to the provisions of

subsection I of this section; or

2. For those individuals participating in plans provided

through a participating education employer of the Teachers'

Retirement System of Oklahoma other than a health insurance plan

offered pursuant to the Oklahoma Employees Insurance and Benefits

Act, payment shall be made to the education employer.

E. Beginning July 1, 2000, the maximum benefit payable by the

Teachers' Retirement System of Oklahoma on behalf of a retired

Oklahoma Statutes - Title 74. State Government Page 820

person toward said person's monthly premium for health insurance

shall be determined in accordance with the following schedule:

LESS THAN

25 YEARS BUT GREATER

LESS THAN GREATER THAN THAN 24.99

AVERAGE SALARY 15 YEARS OF 14.99 YEARS OF YEARS OF

USED FOR DETERMINING CREDITABLE CREDITABLE CREDITABLE

RETIREMENT ALLOWANCE SERVICE SERVICE SERVICE

Less than $20,000.00 $103.00 $104.00 $105.00

Less than $30,000.00 but

greater than $19,999.99 $102.00 $103.00 $104.00

Less than $40,000.00 but

greater than $29,999.99 $101.00 $102.00 $103.00

$40,000.00 or greater $100.00 $101.00 $102.00

For plans offered by the Authority, the amount paid pursuant to

this subsection shall first be applied to the prescription drug

coverage premium, if any. Any remaining amounts shall be applied

towards the medical coverage premium.

F. If a person retires and begins to receive benefits from the

Teachers' Retirement System of Oklahoma or terminates service and

has a vested benefit with the Teachers' Retirement System of

Oklahoma, the person may elect, in the manner provided in subsection

A of this section, to participate in the dental insurance plan

offered through the Oklahoma Employees Insurance and Benefits Act.

The person shall pay the full cost of the dental insurance.

G. Those persons who are receiving benefits from the Teachers'

Retirement System of Oklahoma and have health insurance coverage

which on October 1, 1988, is being paid by the education entity from

which the person retired shall make the election required in

subsection A of this section within thirty (30) days of the

termination of said health insurance coverage. The person making

the election shall give the Authority certified documentation
he Teachers'

Retirement System of Oklahoma and have health insurance coverage

which on October 1, 1988, is being paid by the education entity from

which the person retired shall make the election required in

subsection A of this section within thirty (30) days of the

termination of said health insurance coverage. The person making

the election shall give the Authority certified documentation

satisfactory to the Authority of the termination date of the other

health insurance coverage.

H. Dependents of a deceased education employee who was on

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

of a participating retirant or of any person who has elected to

receive a vested benefit under the Teachers' Retirement System of

Oklahoma may continue the health and dental insurance benefits in

force provided said 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 said benefits shall terminate for the

surviving children when said children cease to qualify as

dependents.

I. The amounts required to be paid by the Teachers' Retirement

System of Oklahoma pursuant to this section shall be forwarded no

Oklahoma Statutes - Title 74. State Government Page 821

later than the tenth day of each month following the month for which

payment is due by the Board of Trustees of the Teachers' Retirement

System of Oklahoma to the Authority for deposit in the Education

Employees Group Insurance Reserve Fund.

J. The Teachers' Retirement System of Oklahoma shall provide

the Authority information concerning the employers of retired and

vested members necessary to allow the Authority to track eligibility

for continued coverage.

K. Upon retirement from employment with the Board of Regents of

the University of Oklahoma, any person who is or was 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 employment. 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 are persons

transferred employment and who participate pursuant to this

subsection shall pay the premium for elected benefits less any

amounts paid by the retirement system pursuant to this section.