Oklahoma § 44-4317 - Continuation of health coverage

§ 44-4317. Continuation of health coverage

A. 1. In any case in which a person or his or her dependents

have coverage under a health plan in connection with the person's

position of employment, including a group health plan as defined in

Section 607(1) of the federal Employee Retirement Income Security

Act of 1974, and the person is absent from his or her position of

employment due to service in the state military forces, the plan

shall provide that he or she may elect to continue such coverage as

provided in this subsection. The maximum period of coverage of a

person and his or her dependents under an election shall be the

lesser of:

a.

a twenty-four-month period beginning on the date on

which his or her absence begins, or

b.

the day after the date on which the person fails to

apply for or return to a position of employment, as

determined in subsection E of Section 8 of this act.

2. A person who elects to continue health plan coverage under

this section may be required to pay not more than one hundred two

percent (102%) of the full premium under the plan, determined in the

Oklahoma Statutes - Title 44. Militia

same manner as the applicable premium under Section 4980B(f)(4) of

the Internal Revenue Code of 1986, associated with the coverage for

other employees of the employer, except where a person is absent due

to service in the state military forces for less than thirty-one

(31) days, the person shall not be required to pay more than the

employee share, if any, for such coverage.

3. For a health plan that is a multiemployer plan, as defined

in Section 3(37) of the federal Employee Retirement Income Security

Act of 1974, any liability under the plan for employer contributions

and benefits arising under this paragraph shall be allocated:

a.

by the plan in such manner as the plan sponsor shall

provide, or

b.

if the sponsor does not provide:

(1) to the last employer employing the person before

the period served by the person in the state

military forces, or

(2) if such last employer is no longer functional, to

the plan.

B. 1. Except as provided in paragraph 2 of this subsection,

for a person whose coverage under a health plan was terminated by

reason of service in the state military forces, or by reason of the

person's having become eligible for medical and dental care provided

to the person incidental to his or her service in the state military

forces, an exclusion or waiting period shall not be imposed in

connection with the reinstatement of coverage upon reemployment

under the Oklahoma Uniformed Services Employment and Reemployment

Rights Act if an exclusion or waiting period would not have been

imposed under a health plan had coverage of the person by the plan

not been terminated as a result of the service or eligibility. This

paragraph applies to the person who is reemployed and to any person

who is covered by the plan by reason of the reinstatement of the

coverage of the person. This paragraph shall not apply to the

coverage of any illness or injury determined by the Adjutant General

to have been incurred in, or aggravated during, performance of state

active duty or Title 32 active duty in the state military forces.

2. If a person whose coverage under a health plan is terminated

due to the person becoming eligible for medical and dental care

provided to the person incidental to his or her service in the state

military forces but the person subsequently does not commence a

period of state active duty or Title 32 active duty under the order

to state active duty or Title 32 active duty that established

eligibility because the order is canceled before the duty commences,

the provisions of paragraph 1 of this subsection related to any

exclusion or waiting period in connection with the reinstatement of

coverage under a health plan shall apply to the person's continued

employment, upon the termination of eligibility for medical and

dental care provided to the person due to his or her service in the

Oklahoma Statutes - Title 44. Militia

state military forces that is incident to the cancellation of the

order, in the same manner as if the person had become reemployed

upon termination of eligibility.

Added by Laws 2021, c. 122, § 13, emerg. eff. April 21, 2021.