SECTION 260:40-33-2. Procedures and implementation

(a)   Each agency or employer participating in the Flexible Benefits Plan shall advise each covered employee of his legal right to continue coverage upon separation from state employment. Each covered employee shall sign a notice of right to continue coverage. This notice shall be kept by the agency/employer in each employees' permanent personnel file. An affidavit shall be signed by each agency head/employer and the coordinator and returned to the Plan Administrator's office for permanent record.

(b)   COBRA qualifying event notices are to be submitted by the Coordinator any time an employee dies, terminates employment, or reduces work hours so as to be no longer eligible for insurance coverage. Qualifying event notices on behalf of eligible spouses and dependents will also be submitted. These submissions must be sent to the Plan Administrator and or to the COBRA Administrator (Group Insurance EGID) within thirty (30) days of the qualifying event.

(c)   COBRA forms are to be filled out by the covered employee or dependent if the qualifying event is divorce, legal separation or the dependent becoming ineligible, for health insurance coverage. This form must be filed within sixty (60) days from the date of the qualifying event in order to obtain continued coverage. If the qualifying event is divorce or legal separation, a copy of the petition or decree shall be furnished along with the COBRA form.

(d)   After a beneficiary elects to continue coverage under COBRA, the beneficiary shall become an inactive member. The beneficiary shall remit all premiums including a two (2) percent administrative fee to the designated COBRA administrator.

(e)   If the beneficiary is entitled to continue the insurance because he or she is a surviving spouse, the beneficiary shall be informed of the right to choose to continue under the health plan currently provided for survivors or to elect to continue under COBRA. If the beneficiary wishes to continue the insurance as a surviving dependent, this election must be made within sixty (60) days from the date of death of the employee. If the beneficiary wishes to keep his/her insurance through COBRA, this election shall be made within sixty (60) days of the date of the letter sent with the COBRA application from the COBRA Administrator. The beneficiary shall be informed of his/her rights under each of these options and that all election decisions are irrevocable.

[Source: Added at 31 Ok Reg 1358, eff 9-12-14]