2023 Oklahoma Statutes › Title 44. Militia › §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 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 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.