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Oklahoma Legislature· HB 3672Referred to Rules

An act relating to state employee benefits, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                   STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3672                 By: Provenzano

4

5

6                   AS INTRODUCED

7   An Act relating to state employee benefits; amending

    74 O.S. 2021, Section 1370, as amended by Section 10,

8   Chapter 245, O.S.L. 2024 (74 O.S. Supp. 2025, Section

    1370), which relates to flexible benefits allowance;

9   modifying benefits allowance for state employees; and

    providing an effective date.

10

11

12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

13  SECTION 1.      AMENDATORY  74 O.S. 2021, Section 1370, as

14 amended by Section 10, Chapter 245, O.S.L. 2024 (74 O.S. Supp. 2025,

15 Section 1370), is amended to read as follows:

16  Section 1370. A. Subject to the requirement that a participant

17 must elect the default benefits, the basic plan, or is a person who

18 has retired from a branch of the United States military and has been

19 provided with health care through a federal plan, to the extent that

20 it is consistent with federal law, or is an active employee who is

21 eligible to participate and who is a participant who has opted out

22 of the state's basic plan according to the provisions of Section

23 1308.3 of this title, and provides proof of this coverage, flexible

24 benefit dollars may be used to purchase any of the benefits offered

    Req. No. 15126                                         Page 1
1 by the Oklahoma Employees Insurance and Benefits Board under the

2 flexible benefits plan. A participant who has opted out of the

3 state's basic plan and provided proof of other coverage as described

4 in this subsection shall receive One Hundred Fifty Dollars ($150.00)

5 in lieu of the flexible benefit monthly. A participant's flexible

6 benefit dollars for a plan year shall consist of the sum of (1)

7 flexible benefit allowance credited to a participant by the

8 participating employer, and (2) pay conversion dollars elected by a

9 participant.

10  B. Each participant shall be credited annually with a specified

11 amount as a flexible benefit allowance which shall be available for

12 the purchase of benefits. For participants on a biweekly payroll

13 system the disbursement of the flexible benefit allowance shall be

14 credited over twenty-four pay periods resulting in two pay periods

15 that do not reflect a credit. The amount of the flexible benefit

16 allowance credited to each participant shall be communicated to him

17 or her prior to the enrollment period for each plan year.

18  C. Except as provided in subsection D of this section, for the

19 plan year beginning January 1, 2013, the benefit allowance shall not

20 be less than the Plan Year 2012 benefit allowance amounts, and each

21 plan year thereafter, the amount of a participant's benefit

22 allowance, which shall be the total amount the employer contributes

23 for the payment of insurance premiums or other benefits, shall be:

24

    Req. No. 15126                                                 Page 2
1   1. The greater of the amount of benefit which the participant

2 would have qualified for as of plan year 2021, or an amount equal to

3 the monthly premium of the HealthChoice High Option plan, the

4 average monthly premiums of the dental plans, the monthly premium of

5 the disability plan, and the monthly premium of the basic life

6 insurance plan offered to state employees or the amount determined

7 by the Council based on a formula for determining a participant's

8 benefit credits consistent with the requirements of 26 U.S.C.,

9 Section 125(g)(2) and regulations thereunder;

10  2. The greater of the amount of benefit which the participant

11 would have qualified for as of plan year 2021 or an amount equal to

12 the monthly premium of the HealthChoice High Option plan, the

13 average monthly premiums of the dental plans, the monthly premium of

14 the disability plan, and the monthly premium of the basic life

15 insurance plan offered to state employees plus one of the additional

16 amounts as follows for participants who elect to include one or more

17 dependents:

18  a. for a spouse, seventy-five percent (75%) of the

19              HealthChoice High Option plan, available for coverage

20              of a spouse,

21  b. for one child, seventy-five percent (75%) of the

22              HealthChoice High Option plan, for coverage of one

23              child,

24

    Req. No. 15126                                                 Page 3
1   c. for two or more children, seventy-five percent (75%)

2   of the HealthChoice High Option plan, for coverage of

3   two or more children,

4   d. for a spouse and one child, seventy-five percent (75%)

5   of the HealthChoice High Option plan, for coverage of

6   a spouse and one child, or

7   e. for a spouse and two or more children, seventy-five

8   percent (75%) of the HealthChoice High Option plan,

9   for coverage of a spouse and two or more children;

10  3. For the plan year beginning January 1, 2022 2026, the amount

11 of a participant's benefit allowance shall be increased by two

12 percent (2%) from the amount provided in the previous year;

13  4. For the plan year beginning January 1, 2023 2027, the amount

14 of a participant's benefit allowance shall be increased by two

15 percent (2%) from the amount provided in the previous year and each

16 subsequent year thereafter; or

17  5. The greater of the amount of benefit which the participant

18 would have qualified for as of plan year 2023 2026, or an amount

19 equal to the monthly premium of the HealthChoice High Option plan,

20 the average monthly premiums of the dental plans, the monthly

21 premium of the disability plan and the monthly premium of the basic

22 life insurance plan offered to state employees plus one of the

23 additional amounts as follows for participants who elect to include

24 one or more dependents:

    Req. No. 15126                                                 Page 4
1   a. for a spouse, seventy-five percent (75%) of the

2   HealthChoice High Option plan, available for coverage

3   of a spouse,

4   b. for one child, seventy-five percent (75%) of the

5   HealthChoice High Option plan, for coverage of one

6   child,

7   c. for two or more children, seventy-five percent (75%)

8   of the HealthChoice High Option plan, for coverage of

9   two or more children,

10  d. for a spouse and one child, seventy-five percent (75%)

11  of the HealthChoice High Option plan, for coverage of

12  a spouse and one child, or

13  e. for a spouse and two or more children, seventy-five

14  percent (75%) of the HealthChoice High Option plan,

15  for coverage of a spouse and two or more children.

16  D. To the extent that it is consistent with federal laws and

17 regulations, and in particular the regulations set forth by the

18 Secretary of Defense in 32 C.F.R. Section 199.8(d)(6), a benefit may

19 be provided to an employee who is an eligible TRICARE beneficiary

20 whereby he or she may purchase a group TRICARE Supplemental product

21 under a qualifying cafeteria plan consistent with the requirements

22 of 26 U.S.C., Section 125, provided that:

23  1. The state, as employer, may not provide any payment for nor

24 receive any consideration or compensation for offering the benefit;

    Req. No. 15126                                                  Page 5
1   2. The employer's only involvement is in providing the

2 administrative support for the benefit under the cafeteria plan; and

3   3. The employee's participation in the plan is completely

4 voluntary.

5   The benefit allowance under paragraph 2 of subsection C of this

6 section of an employee whose plan participation includes a group

7 TRICARE Supplemental benefit shall not include any allowance or

8 portion thereof for such TRICARE Supplemental benefit.

9   E. This section shall not prohibit payments for supplemental

10 health insurance coverage made pursuant to Section 1314.4 of this

11 title or payments for the cost of providing health insurance

12 coverage for dependents of employees of the Grand River Dam

13 Authority.

14  F. If a participant desires to buy benefits whose sum total of

15 benefit prices is in excess of his or her flexible benefit

16 allowance, the participant may elect to use pay conversion dollars

17 to purchase such excess benefits. Pay conversion dollars may be

18 elected through a salary reduction agreement made pursuant to the

19 election procedures of Section 1371 of this title. The elected

20 amount shall be deducted from the participant's compensation in

21 equal amounts each pay period, with the exception of participants on

22 a biweekly payroll system, where such deduction shall occur over

23 twenty-four pay periods over the plan year. On termination of

24 employment during a plan year, a participant shall have no

    Req. No. 15126                                                  Page 6
1 obligation to pay the participating employer any pay conversion

2 dollars allocated to the portion of the plan year after the

3 participant's termination of employment.

4   G. If a participant elects benefits whose sum total of benefit

5 prices is less than his or her flexible benefit allowance, he or she

6 shall receive any excess flexible benefit allowance as taxable

7 compensation. Such taxable compensation will be paid in

8 substantially equal amounts each pay period, with the exception of

9 participants on a biweekly payroll system, where such deduction

10 shall occur over twenty-four pay periods over the plan year. On

11 termination during a plan year, a participant shall have no right to

12 receive any such taxable cash compensation allocated to the portion

13 of the plan year after the participant's termination. Nothing

14 herein shall affect a participant's obligation to elect the minimum

15 benefits or to accept the default benefits of the plan with

16 corresponding reduction in the sum of his or her flexible benefit

17 allowance equal to the sum total benefit price of such minimum

18 benefits or default benefits.

19  SECTION 2. This act shall become effective November 1, 2026.

20

21  60-2-15126      TJ  12/16/25

22

23

24

    Req. No. 15126                                                 Page 7
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