Bill Text For HB2470 - Engrossed

 1|ENGROSSED HOUSE                                                        |
  |BILL NO. 2470                        By: McCall, Cornwell and          |
 2|                                         Hasenbeck of the House        |
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 3|                                         and                           |
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 4|                                         Thompson of the Senate        |
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 7|       An Act relating to teachers; amending 70 O.S. 2011,             |
  |       Section 26-105, which relates to the flexible benefit           |
 8|       allowance; increasing amount of compensation for                |
  |       certified personnel who do not participate in the               |
 9|       health care plan; and providing an effective date.              |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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13|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 26-105, is     |
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14|amended to read as follows:                                            |
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15|    Section 26-105.  A.  The flexible benefit allowance shall be       |
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16|used by a school district employee who is participating in the         |
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17|cafeteria plan to purchase major medical health care plan coverage     |
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18|offered by the school district through a cafeteria plan.  Any excess   |
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19|flexible benefit allowance over the cost of the major medical          |
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20|coverage purchased by the employee who is participating in the         |
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21|cafeteria plan may be used to purchase any of the additional           |
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22|benefits offered by the school district or may be taken as taxable     |
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23|compensation as provided in subsection C of this section.  Certified   |
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24|personnel who choose not to participate in the                         |
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arsid4868950 ENGR. H. B. NO. 2470                                  Page 1
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 1|school-district-sponsored cafeteria plan shall receive Sixty-nine      |
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 2|Dollars and seventy-one cents ($69.71) Three Hundred Dollars           |
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 3|($300.00) per month as taxable compensation in lieu of the flexible    |
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 4|benefit allowance amount provided in subsection B of this section.     |
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 5|Support personnel who choose not to participate in the                 |
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 6|school-district-sponsored cafeteria plan shall receive One Hundred     |
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 7|Eighty-nine Dollars and sixty-nine cents ($189.69) per month as        |
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 8|taxable compensation in lieu of the flexible benefit allowance         |
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 9|amount provided in subsection B of this section.                       |
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10|    B.  Each eligible school district employee shall be credited       |
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11|annually with a specified amount as a flexible benefit allowance       |
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12|which shall be available for the purchase of benefits.  The amount     |
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13|of the flexible benefit allowance credited to each eligible school     |
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14|district employee shall be communicated to the employee prior to the   |
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15|enrollment period for each plan year.                                  |
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16|    1.  For the fiscal year ending June 30, 2002, the flexible         |
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17|benefit allowance amount for certified personnel shall be no less      |
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18|than Sixty-nine Dollars and seventy-one cents ($69.71) per month.      |
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19|For the fiscal year ending June 30, 2002, the flexible benefit         |
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20|allowance amount for support personnel shall be no less than One       |
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21|Hundred Eighty-nine Dollars and sixty-nine cents ($189.69) per         |
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22|month.                                                                 |
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23|    2.  For the fiscal year ending June 30, 2004, the flexible         |
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24|benefit allowance amount for certified personnel shall be no less      |
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arsid4868950 ENGR. H. B. NO. 2470                                  Page 2
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 1|than fifty-eight percent (58%) of the premium amount for the           |
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 2|HealthChoice (Hi) option plan for an individual offered by the State   |
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 3|and Education Employees Group Insurance Board.  For the fiscal year    |
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 4|ending June 30, 2003, and each fiscal year thereafter, the flexible    |
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 5|benefit allowance amount for support personnel shall be no less than   |
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 6|one hundred percent (100%) of the premium amount for the               |
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 7|HealthChoice (Hi) option plan for an individual offered by the State   |
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 8|and Education Employees Group Insurance Board.                         |
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 9|    3.  For the fiscal year ending June 30, 2005, and each fiscal      |
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10|year thereafter, the flexible benefit allowance amount for certified   |
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11|personnel shall be no less than one hundred percent (100%) of the      |
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12|premium amount for the HealthChoice (Hi) option plan for an            |
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13|individual offered by the State and Education Employees Group          |
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14|Insurance Board.                                                       |
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15|    C.  If a school district employee who is participating in the      |
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16|cafeteria plan elects benefits whose sum total is less than the        |
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17|flexible benefit allowance, the employee shall receive any excess      |
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18|flexible benefit allowance as taxable compensation.  Such taxable      |
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19|compensation shall be paid in substantially equal amounts each pay     |
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20|period over the plan year.  Except as otherwise provided for in        |
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21|subsection D of this section, on termination during a plan year, a     |
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22|participating school district employee shall have no right to          |
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23|receive any taxable cash compensation allocated to the portion of      |
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24|the plan year after the termination of the employee.                   |
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arsid4868950 ENGR. H. B. NO. 2470                                  Page 3
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 1|    D.  In cases where the employee of a school district fulfills      |
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 2|the terms of their his or her contract and terminates employment for   |
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 3|the subsequent year, the employee shall be entitled to the flexible    |
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 4|benefit allowance for the remainder of the current benefit term.       |
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 5|For purposes of this subsection, "benefit term" shall mean the         |
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 6|twelve-month period after the initiation of benefits for the           |
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 7|position held by the employee.                                         |
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 8|    E.  Each school district employee shall make an annual election    |
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 9|of benefits under the plan during an enrollment period to be held      |
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10|prior to the beginning of each plan year.  The enrollment period       |
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11|dates will be determined annually and will be announced by the         |
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12|school district, providing the enrollment period shall end no later    |
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13|than thirty (30) days before the beginning of the plan year.  Each     |
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14|school district employee shall make an irrevocable advance election    |
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15|for the plan year or the remainder of the plan year pursuant to        |
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16|procedures the school district shall prescribe.                        |
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17|    F.  The school district shall prescribe the forms that school      |
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18|district employees shall be required to use in making their            |
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19|elections, and may prescribe deadlines and other procedures for        |
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20|filing the elections.                                                  |
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21|    G.  School district employees hired after the closing of the       |
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22|enrollment period shall be allowed to make an election as provided     |
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23|in this act.                                                           |
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arsid4868950 ENGR. H. B. NO. 2470                                  Page 4
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 1|    H.  A district board of education shall have the option of         |
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 2|providing a flexible benefit allowance to the superintendent of the    |
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 3|school district in an amount not more than the amount of the           |
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 4|flexible benefit allowance established for certified personnel in      |
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 5|subsection B of this section.  Funding for the flexible benefit        |
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 6|allowance for a superintendent shall be provided through local         |
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 7|revenue.                                                               |
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 8|    SECTION 2.  This act shall become effective November 1, 2019.      |
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 9|    Passed the House of Representatives the 7th day of March, 2019.    |
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  |                                     Presiding Officer of the House    |
12|                                                 of Representatives    |
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  |    Passed the Senate the ___ day of __________, 2019.                 |
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16|                                    Presiding Officer of the Senate    |
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arsid4868950 ENGR. H. B. NO. 2470                                  Page 5
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