Oklahoma § 70-26
Full text of Oklahoma Oklahoma Statutes § 70-26, with citation guidance and answers to common questions.
§ 70-26.
Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-26-101. Short title.
Sections 26-101 through 26-105 of this title shall be known and
may be cited as the "Larry Dickerson Education Flexible Benefits
Allowance Act".
Added by Laws 1998, c. 380, § 3, emerg. eff. June 9, 1998. Amended
by Laws 2002, c. 282, § 1, eff. July 1, 2002.
§70-26-102. Purpose.
It is hereby declared that the purpose of the Larry Dickerson
Education Flexible Benefits Allowance Act is:
1. To recognize that the employee benefit needs of individual
school district employees differ, depending on the age, salary and
Oklahoma Statutes - Title 70. Schools
family status of the employee, and that it is needful to permit such
employees to select and tailor the benefits they receive in a manner
calculated to best meet the particular needs of themselves and their
families; and
2. To furnish school district employees with choices among
various employee benefits or cash compensation.
Added by Laws 1998, c. 380, § 4, emerg. eff. June 9, 1998. Amended
by Laws 2002, c. 282, § 2, eff. July 1, 2002.
§70-26-103. Definitions.
The following words and phrases as used in Section 26-101 et
seq. of this title, unless a different meaning is clearly required
by the context, shall have the following meanings:
1. "Benefit" means any of the benefits which may be purchased
or are required to be purchased under the cafeteria plan;
2. "Cafeteria plan" means a benefit plan established pursuant
to 26 U.S.C. Section 125;
3. "Flexible benefit allowance" means amounts credited by the
school district for each school district employee for the purchase
of benefits under the cafeteria plan;
4. "Support personnel" means full-time employees of a school
district as determined by the standard period of labor which is
customarily understood to constitute full-time employment for the
type of services performed by the employees who are employed a
minimum of six (6) hours per day for a minimum of one hundred
seventy-two (172) days or a minimum of six (6) hours per day for a
minimum of one thousand thirty-two (1,032) hours per year and who
provide services not performed by certified personnel, which is
necessary for the efficient and satisfactory functioning of a school
district, and shall include cooks, janitors, maintenance personnel,
bus drivers, noncertified or nonregistered nurses, noncertified
librarians, and clerical employees of a school district but shall
not include adult education instructors or adult coordinators
employed by technology center school districts;
5. "Plan year" means the twelve-month period established by the
school district for the cafeteria plan;
6. "School district" means the public school districts and
technology center school districts of this state;
7. "School district employee" means certified or support
personnel as defined in Section 26-101 et seq. of this title.
Employees of an educational service provider contracted with a
school district pursuant to subsection G of Section 5-117 of this
title who perform functions that would otherwise be performed by a
school district employee shall be considered employees of a school
district for purposes of the Larry Dickerson Education Flexible
Benefits Allowance Act unless otherwise provided for in the contract
Oklahoma Statutes - Title 70. Schools
between the educational service provider and the contracting school
district;
8. "Certified personnel" means a certified person employed on a
full-time basis to serve as a teacher, principal, supervisor,
administrator, counselor, librarian, or certified or registered
nurse, but shall not mean a superintendent of a school district; and
9. "Self-insured" means a health care program in which the
school district funds the benefit plans from its own resources
without purchasing insurance and which may be administered by the
school district or by an outside administrator under contract with
the school district for administrative services. The State Board of
Education shall prepare by May 1st of each year a list of each
school district in the state that is self-insured and the number of
support personnel and the number of certified personnel that are
participating in each self-insured school district plan.
Added by Laws 1998, c. 380, § 5, emerg. eff. June 9, 1998. Amended
by Laws 1999, c. 334, § 1, eff. July 1, 1999; Laws 2001, c. 33, §
121, eff. July 1, 2001; Laws 2012, c. 320, § 1, eff. July 1, 2012;
Laws 2018, c. 309, § 1, eff. July 1, 2018.
§70-26-104. Funding of flexible benefit allowances – Establishment
of cafeteria plans.
A. Each fiscal year, the Legislature shall appropriate adequate
funding to the State Board of Education and the State Board of
Career and Technology Education for the purpose of providing a
flexible benefit allowance to school district employees pursuant to
this act. Unless the Legislature appropriates adequate funding
specifically for the purpose of providing a flexible benefit
allowance to school district employees, the Oklahoma State Board of
Education shall allocate from the funds appropriated to the Oklahoma
State Board of Education for the support of public school activities
an amount to fully fund the flexible benefit allowance, which shall
occur first prior to allocating the funds for any other purpose.
The amount appropriated for funding and disbursed to school
districts shall be calculated by multiplying the number of eligible
school district employees employed by school districts which are
participating in the health insurance plan offered by the Oklahoma
Employees Insurance and Benefits Board or are self-insured as
counted in February of each year by the amount of the flexible
benefit allowance credited to the eligible school employees as
established in Section 26-105 of this title. Each Board shall
disburse the total amount appropriated for funding the flexible
benefit allowance to school districts during the fiscal year. From
the total amount appropriated, each Board shall disburse the
appropriate amounts, based on the number of eligible school district
employees employed by that school district, to each school district.
Oklahoma Statutes - Title 70. Schools
B. Every school district shall establish or make available to
school district employees a cafeteria plan pursuant to 26 U.S.C.
Section 125 of the United States Code. The plan shall offer, as a
benefit, major medical health care plan coverage.
C. The flexible benefit allowance amount established pursuant
to Section 26-105 of this title shall be credited to each eligible
school district employee. School district employees shall elect
whether to use the flexible benefit allowance to pay for coverage in
the health insurance plan offered by the Oklahoma Employees
Insurance and Benefits Board or the self-insured plan offered by the
school district and may receive the excess flexible benefit
allowance as taxable compensation as provided in Section 26-105 of
this title.
D. The administrator of the cafeteria plan shall maintain a
separate account for each participating school district employee.
School districts shall forward the school district employee flexible
benefit allowance amounts to the administrator for elected purchases
of cafeteria plan benefits.
E. Expenses included in an employee's salary adjustment
agreement pursuant to the cafeteria plan shall be limited to
expenses for:
1. Premiums for any health insurance, health maintenance
organization, life insurance, long term disability insurance, dental
insurance or high deductible health benefit plan offered to
employees and their dependents; and
2. All other eligible benefit programs offered under 26 U.S.C.
Section 125 of the United States Code.
F. The flexible benefit allowance amount established in Section
26-105 of this title shall not be included as income in computation
of state retirement contributions and benefits or as part of the
Minimum Salary Schedule for teachers established in Section 18114.12 of this title. School districts shall not consider the
flexible benefit allowance amount as income for eligible support
employees and thereby shall not reduce the salary of an eligible
support employee.
Added by Laws 1998, c. 380, § 6, emerg. eff. June 9, 1998. Amended
by Laws 1999, c. 334, § 2, eff. July 1, 1999; Laws 2001, c. 33, §
122, eff. July 1, 2001; Laws 2002, c. 418, § 1, eff. July 1, 2002;
Laws 2007, c. 180, § 1, emerg. eff. May 31, 2007; Laws 2012, c. 321,
§ 1, eff. July 1, 2012; Laws 2024, c. 245, § 2, eff. Nov. 1, 2024.
§70-26-105. Purchase of benefits - Amount of allowance - Taxable
compensation - Superintendent allowance.
A. The flexible benefit allowance shall be used by a school
district employee who is participating in the cafeteria plan to
purchase major medical health care plan coverage offered by the
school district through a cafeteria plan. Any excess flexible
Oklahoma Statutes - Title 70. Schools
benefit allowance over the cost of the major medical coverage
purchased by the employee who is participating in the cafeteria plan
may be used to purchase any of the additional benefits offered by
the school district or may be taken as taxable compensation as
provided in subsection C of this section. Certified personnel who
choose not to participate in the school-district-sponsored cafeteria
plan shall receive Sixty-nine Dollars and seventy-one cents ($69.71)
per month as taxable compensation in lieu of the flexible benefit
allowance amount provided in subsection B of this section. Support
personnel who choose not to participate in the school-districtsponsored cafeteria plan shall receive One Hundred Eighty-nine
Dollars and sixty-nine cents ($189.69) per month as taxable
compensation in lieu of the flexible benefit allowance amount
provided in subsection B of this section.
B. Each eligible school district employee shall be credited
annually with a specified amount as a flexible benefit allowance
which shall be available for the purchase of benefits. The amount
of the flexible benefit allowance credited to each eligible school
district employee shall be communicated to the employee prior to the
enrollment period for each plan year.
1. For the fiscal year ending June 30, 2002, the flexible
benefit allowance amount for certified personnel shall be no less
than Sixty-nine Dollars and seventy-one cents ($69.71) per month.
For the fiscal year ending June 30, 2002, the flexible benefit
allowance amount for support personnel shall be no less than One
Hundred Eighty-nine Dollars and sixty-nine cents ($189.69) per
month.
2. For the fiscal year ending June 30, 2004, the flexible
benefit allowance amount for certified personnel shall be no less
than fifty-eight percent (58%) of the premium amount for the
HealthChoice (Hi) option plan for an individual offered by the
Oklahoma Employees Insurance and Benefits Board. For the fiscal
year ending June 30, 2003, and each fiscal year thereafter, the
flexible benefit allowance amount for support personnel shall be no
less than one hundred percent (100%) of the premium amount for the
HealthChoice (Hi) option plan for an individual offered by the
Oklahoma Employees Insurance and Benefits Board.
3. For the fiscal year ending June 30, 2005, and each fiscal
year thereafter, the flexible benefit allowance amount for certified
personnel shall be no less than one hundred percent (100%) of the
premium amount for the HealthChoice (Hi) option plan for an
individual offered by the Oklahoma Employees Insurance and Benefits
Board.
C. If a school district employee who is participating in the
cafeteria plan elects benefits whose sum total is less than the
flexible benefit allowance, the employee shall receive any excess
flexible benefit allowance as taxable compensation. Such taxable
Oklahoma Statutes - Title 70. Schools
compensation shall be paid in substantially equal amounts each pay
period over the plan year. Except as otherwise provided for in
subsection D of this section, on termination during a plan year, a
participating school district employee shall have no right to
receive any taxable cash compensation allocated to the portion of
the plan year after the termination of the employee.
D. In cases where the employee of a school district fulfills
the terms of their contract and terminates employment for the
subsequent year, the employee shall be entitled to the flexible
benefit allowance for the remainder of the current benefit term.
For purposes of this subsection, "benefit term" shall mean the
twelve-month period after the initiation of benefits for the
position held by the employee.
E. Each school district employee shall make an annual election
of benefits under the plan during an enrollment period to be held
prior to the beginning of each plan year. The enrollment period
dates will be determined annually and will be announced by the
school district, providing the enrollment period shall end no later
than thirty (30) days before the beginning of the plan year. Each
school district employee shall make an irrevocable advance election
for the plan year or the remainder of the plan year pursuant to
procedures the school district shall prescribe.
F. The school district shall prescribe the forms that school
district employees shall be required to use in making their
elections, and may prescribe deadlines and other procedures for
filing the elections.
G. School district employees hired after the closing of the
enrollment period shall be allowed to make an election as provided
in this act.
H. A district board of education shall have the option of
providing a flexible benefit allowance to the superintendent of the
school district in an amount not more than the amount of the
flexible benefit allowance established for certified personnel in
subsection B of this section. Funding for the flexible benefit
allowance for a superintendent shall be provided through local
revenue.
Added by Laws 1998, c. 380, § 7, emerg. eff. June 9, 1998. Amended
by Laws 1999, c. 334, § 3, eff. July 1, 1999; Laws 2000, c. 308, §
5, eff. July 1, 2000; Laws 2001, c. 416, § 45, eff. July 1, 2001;
Laws 2002, c. 282, § 3, eff. July 1, 2002; Laws 2003, c. 415, § 32,
eff. July 1, 2003; Laws 2004, c. 119, § 2, eff. July 1, 2004; Laws
2007, c. 180, § 2, emerg. eff. May 31, 2007; Laws 2024, c. 245, § 3,
eff. Nov. 1, 2024.
§70-26-105.1. School districts to which act applies.
The provisions of the Larry Dickerson Flexible Benefits
Allowance Act shall apply to school districts participating in the
Oklahoma Statutes - Title 70. Schools
Oklahoma State Education and Employees Group Insurance Board plan or
school districts that are self-insured.
Added by Laws 2002, c. 418, § 2, eff. July 1, 2002.
§70-26-106.
Repealed by Laws 1999, c. 334, § 6, eff. July 1, 1999.
§70-26-107.
Repealed by Laws 1999, c. 334, § 6, eff. July 1, 1999.
§70-26-108.
Repealed by Laws 2000, c. 308, § 8, eff. July 1, 2000.
Frequently Asked Questions About Oklahoma § 70-26
What does Oklahoma Statutes § 70-26 cover?
Section 70-26 is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 70-26?
A common citation format is "Oklahoma Statutes § 70-26" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 70-26 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.