SECTION 395:10-1-16. Direct Payment of Qualified Health Insurance Premiums

(a)   Election. A member who is an eligible retired public safety officer and who wishes to have direct payments made toward his or her qualified health insurance premiums from his or her monthly disability benefit or monthly retirement payment, must make a written election, on the form provided by the System.

(1)   The election must be made after he or she separates from service as a public safety officer with his or her participating employer.

(2)   The election will only apply to distributions from the System after December 31, 2006, and to amounts not yet distributed to the eligible retired public safety officer.

(3)   Direct payments for an eligible retired public safety officer's qualified health insurance premiums can only be made from his or her monthly disability benefit or monthly retirement payment from OLERS and cannot be made from the Oklahoma Law Enforcement Deferred Option Plan.

(4)   Amounts deducted from an eligible retired public safety officer's monthly disability benefit or monthly pension payment, and paid toward his or her qualified health insurance premiums, may not exceed $3,000 per calendar year.

(b)   Payments. Monthly payments toward qualified health insurance premiums will be sent by OLERS to the provider when the monthly disability benefit and monthly retirement payments are sent. Such monthly payments will continue month-to-month and year-to-year in the amount specified on the member's most recent election form unless the System office receives at least thirty (30) days advance written notice to change or terminate such payments or the monthly disability benefit or monthly retirement payment terminates.

(c)   Eligible Retired Public Safety Officer. A "public safety officer" is an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, firefighter, chaplain, or as a member of a rescue squad or ambulance crew. An "eligible retired public safety officer" is an individual who, by reason of disability or attainment of normal retirement date or age, is separated from service as a public safety officer with his or her participating employer.

(d)   Qualified Health Insurance Premiums. "Qualified health insurance premiums" are for coverage for the eligible retired public safety officer, his or her spouse, and dependents by an accident or health insurance plan (which may be a self-insured plan, in accordance with Notice 2007-99, Q&A-23, 2007-52, I.R.B. 1243) or a qualified long-term care insurance contract. The health plan does not have to be sponsored by the eligible retired public safety officer's former participating employer. Qualified health insurance premiums do not include amounts contributed pursuant to Chapter 395:10-1-4.2.

(e)   Miscellaneous. A completed election form with all required information must be received by the System office at least thirty (30) days before:

(1)   any deduction will be made from the eligible retired public safety officer's monthly disability benefit or monthly retirement payment and paid directly to the provider; and

(2)   a change or termination of such monthly deductions and payments will be made.

[Source: Added at 26 Ok Reg 1685, eff 6-11-09]