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:

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:
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.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 44. Militia

§44-1. Short title.

§44-3. Reference to repealed clauses.

§44-4. Partial invalidity.

§44-6. Honorary staff of the Governor.

§44-21. Military Department.

§44-21.1. Personnel - Unclassified service.

§44-22. Administration of military matters.

§44-23. Governor as Commander in Chief - Powers - Armed military forces from other state or territory - Independent military organizations.

§44-24. Adjutant General - Eligibility - Appointment.

§44-25. Rank of Adjutant General - Assistants.

§44-26. Duties of the Adjutant General.

§44-26.1. Financial donations to the Adjutant General.

§44-26.2. Requests from Adjutant General for confidential criminal justice information in administrative or court-martial actions.

§44-27. Compensation of personnel.

§44-28. Petty cash fund.

§44-41. Composition of Militia - Classes.

§44-43. Eligibility as commissioned officers - Qualifications.

§44-45. Oath of commissioned officers.

§44-47. Period of enlistment - Qualifications - Reenlistment - Oath - Relinquishment of custody of minor child.

§44-48. Discharge of enlisted men.

§44-49. Application of Army customs - Regulations and usage.

§44-71. Duty to attend assembly - Refusal of employer to permit attendance - Drills, exercises, etc.

§44-72. Ordering into active service.

§44-73. Local commanding officer - Order into service in emergency.

§44-74. Compensation and benefits.

§44-75. Hospital and medical treatment.

§44-77. State funding for insurance premiums.

§44-111. Public property - Liability of commanding officer - Liability of person responsible for loss, damage or destruction - Apprehension and prosecution of persons absconding.

§44-112. Suits for recovery of property.

§44-113. Seizure and report of property illegally possessed, etc.

§44-114. Accounts - Settlement.

§44-115. Bond of officers accountable for or receiving military property.

§44-116. Accounting by officer before receiving payments.

§44-117. Issue and use of property.

§44-192. Rules and procedures for establishing and awarding medals, ribbons, and certificates.

§44-208. Discrimination against officers or enlisted members - Places of entertainment or amusement - Discharge or hindrance of duties by employers.

§44-208.1. Civil law protections - Servicemembers Civil Relief Act.

§44-209. Leave of absence to public officers and employees.

§44-210. Assault on member or body of National Guard or person assisting them.

§44-211. Martial law - Arrests and subpoenas.

§44-212. Deadly force – Immunity from personal liability.

§44-213. Exemption from taxation of military property - Free use of municipally owned public utilities.

§44-218. Acceptance or purchase of title to real estate.

§44-219. State not to be financially responsible.

§44-220. Building and loan association loans authorized.

§44-221. Provisions for National Guard when in service.

§44-223. Privilege from arrest.

§44-224. Misdemeanor to interfere with Militia.

§44-227. Architect - Selection - Contract by Adjutant General.

§44-228. Deed or lease by county commissioners to Adjutant General.

§44-229. Authorizing to order National Guard beyond borders of state - Law governing - Jurisdiction.

§44-230. Police officers (OMD) - Powers and duties.

§44-231. Assisting in drug interdicton and counter drug activities - National Guard volunteers to be requested by Governor.

§44-231a. Fire protection agreements.

§44-231b. Protection of assets vital to national security.

§44-232. Youth programs.

§44-232.1. Contracts to lease or rent facilities.

§44-232.2. Use and operation.

§44-232.3. Armory boards.

§44-232.4. Rules and regulations for use and oversight of facilities.

§44-233.2. Agreement with United States.

§44-233.3. Construction contracts - Sale, disposition, demolition or transfer of property - Proceeds.

§44-233.5. Conveyance of sites by political subdivisions.

§44-233.7. Oklahoma Military Department Revolving Fund.

§44-233.10. Purchase of replacement commercial funds.

§44-233.10a. Purchase of computer hardware or software.

§44-233.11. Contracts for professional services.

§44-233.12. Qualifying federal programs to be regarded as individual purchasing entities.

§44-233.13. Authority to purchase products through a General Services Administration contract.

§44-233.14. Military Justice Revolving Fund.

§44-235. Creation of Oklahoma National Guard Museum.

§44-235.1. Oklahoma National Guard Museum Fund.

§44-235.2. Acceptance of gifts for the Oklahoma National Guard Museum.

§44-237. Oklahoma National Guard Relief Program.

§44-241. Governor authorized to organize, maintain, etc. - Uniform.

§44-242. Designation - Composition - Distinct from National Guard - Place of service.

§44-243. Rules and regulations - Arms and equipment - Drill and instruction - Similarity to National Guard - Compensation and allowances.

§44-244. Calling into military service of United States not authorized - No exemption from military service.

§44-245. Persons not to be commissioned or enlisted.

§44-246. Oath of officers.

§44-247. Term of enlistment - Oath upon enlistment.

§44-248. Exemption from arrest, jury duty and service on posse comitatus.

§44-250. Short title - Oklahoma State Guard Act.

§44-800. Short title - Oklahoma Uniform Code of Military Justice.

§44-801. Definitions.

§44-802. Persons subject to the Oklahoma Uniform Code of Military Justice.

§44-803. Jurisdiction to try certain personnel.

§44-804. Reserved.

§44-805. Territorial applicability of Oklahoma Uniform Code of Military Justice.

§44-806. Judge advocates.

§44-806A. Investigation and disposition of matters pertaining to the fitness of military judges.

§44-806B. Rights of the victim of an offense under the Oklahoma Uniform Code of Military Justice.

§44-807. Apprehension.

§44-808. Warrant of arrest, issuance, contents, service.

§44-809. Imposition of restraint.

§44-810. Restraint of persons charged.

§44-811. Place of confinement, reports and receiving of prisoners.

§44-812. Prohibition of confinement of members of the state military forces with enemy prisoners and certain others.

§44-813. Punishment prohibited before trial.

§44-814. Delivery of offenders to civil authorities.

§44-815. Commanding officer's nonjudicial punishment.

§44-816. Courts-martial classified.

§44-817. Jurisdiction of courts-martial in general.

§44-818. General courts-martial.

§44-819. Jurisdiction of special courts-martial.

§44-820. Jurisdiction and appeals of summary courts-martial.

§44-821. Reserved.

§44-822. Who may convene general courts-martial.

§44-823. Who may convene special courts-martial.

§44-824. Who may convene summary courts-martial.

§44-825. Who may serve on courts-martial.

§44-826. Military trial judge of a general or special court-martial.

§44-826A. Military magistrates.

§44-827. Detail of trial counsel and defense counsel.

§44-828. Detail or employment of reporters and interpreters.

§44-829. Assembly and impaneling of members - Detail of new members and military judges.

§44-830. Charges and specifications.

§44-830A. Certain proceedings conducted before referral.

§44-831. Compulsory self-incrimination prohibited.

§44-832. Preliminary hearing required before referral to general court-martial.

§44-833. Disposition guidance.

§44-834. Advice to convening authority before referral for trial.

§44-835. Service of charges - Commencement of trial.

§44-836. Procedure for courts-martial.

§44-837. Unlawfully influencing action of court.

§44-838. Duties of trial counsel and defense counsel.

§44-839. Sessions.

§44-840. Continuances.

§44-841. Challenges.

§44-842. Oaths.

§44-843. Statute of limitations.

§44-844. Former jeopardy.

§44-845. Pleas of the accused.

§44-846. Opportunity to obtain witnesses and other evidence in trials by court-martial.

§44-847. Refusal to appear or testify.

§44-848. Contempt.

§44-849. Depositions.

§44-850. Admissibility of sworn testimony from records of courts of inquiry.

§44-850A. Defense of lack of mental responsibility.

§44-851. Voting and rulings.

§44-852. Votes required for conviction, sentencing and other matters.

§44-853. Findings and sentencing.

§44-853A. Plea agreements.

§44-854. Record of trial.

§44-855. Cruel and unusual punishments prohibited.

§44-856. Sentencing.

§44-857. Effective date of sentences.

§44-858. Execution of confinement.

§44-858A. Sentences - Reduction in enlisted grade.

§44-858B. Sentences - Forfeiture of pay and allowances during confinement.

§44-858C. Enforcement of fines or adjudication of pecuniary liability.

§44-858D. Parole.

§44-859. Error of law - Lesser included offense.

§44-860. Posttrial processing in general and special courts-martial.

§44-860A. Limited authority to act on sentence in specified posttrial circumstances.

§44-860B. Posttrial actions in summary courts-martial and certain general and special courts-martial.

§44-860C. Entry of judgment.

§44-861. Waiver of right to appeal - Withdrawal of appeal.

§44-862. Appeal by the State of Oklahoma.

§44-863. Rehearings.

§44-864. Judge advocate review of finding of guilty in summary court-martial.

§44-865. Transmittal and review of records.

§44-866. Military Court of Appeals for state military forces.

§44-867. Review by the Oklahoma Court of Criminal Appeals.

§44-867A. Reserved.

§44-868. Reserved.

§44-869. Review by State Judge Advocate.

§44-870. Appellate counsel.

§44-871. Reserved.

§44-872. Vacation of suspension.

§44-873. Petition for a new trial.

§44-874. Remission and suspension.

§44-875. Restoration.

§44-876. Finality of proceedings, findings, and sentences.

§44-876A. Leave required to be taken pending review of certain court-martial convictions.

§44-876B. Lack of mental capacity or mental responsibility.

§44-877. Principals.

§44-878. Accessory after the fact.

§44-879. Conviction of offense charged, lesser included offenses.

§44-880. Attempts.

§44-881. Conspiracy.

§44-882. Soliciting commission of offenses.

§44-883. Malingering.

§44-884. Breach of medical quarantine.

§44-885. Desertion.

§44-886. Absence without leave.

§44-887. Missing movement - Jumping from vessel.

§44-887A. Resistance, flight, breach of arrest, and escape.

§44-887B. Reserved.

§44-888. Contempt toward officials.

§44-889. Disrespect toward superior commissioned officer - Assault of superior commissioned officer.

§44-890. Willfully disobeying superior commissioned officer.

§44-891. Insubordinate conduct toward warrant officer, or noncommissioned officer.

§44-892. Failure to obey order or regulation.

§44-893. Cruelty and maltreatment.

§44-893A. Prohibited activities with military recruit or trainee by person in position of special trust.

§44-894. Mutiny or sedition.

§44-895. Offenses by sentinel or lookout.

§44-895A. Disrespect toward sentinel or lookout.

§44-896. Release of prisoner without authority - Drinking with prisoner.

§44-897. Unlawful detention.

§44-898. Misconduct as prisoner.

§44-899. Misbehavior before the enemy.

§44-900. Subordinate compelling surrender.

§44-901. Improper use of countersign.

§44-902. Forcing a safeguard.

§44-903. Reserved.

§44-903A. Reserved.

§44-903B. Aiding the enemy.

§44-903C. Unlawful disclosure of confidential information.

§44-904. Public records offenses.

§44-904A. Fraudulent enlistment, appointment, or separation.

§44-904B. Unlawful enlistment, appointment, or separation.

§44-905. Reserved.

§44-905A. False or unauthorized pass offenses.

§44-906. Reserved.

§44-906A. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button.

§44-907. False official statements - False swearing.

§44-907A. Reserved.

§44-908. Military property-loss, damage, destruction, or wrongful disposition.

§44-908A. Captured or abandoned property.

§44-909. Property other than military property - Waste, spoilage, or destruction.

§44-909A. Reserved.

§44-910. Improper hazarding of vessel or aircraft.

§44-911. Reserved.

§44-912. Drunkenness and other incapacitation offenses.

§44-912A. Wrongful use, possession, etc., of controlled substances.

§44-913. Reserved.

§44-914. Endangerment offenses.

§44-915. Reserved.

§44-916. Riot or breach of peace.

§44-917. Provoking speeches or gestures.

§44-917A. Wrongful broadcast or distribution of intimate visual images.

§44-918. Reserved.

§44-919. Reserved.

§44-919A. Reserved.

§44-919B. Reserved.

§44-920. Sexual assault generally.

§44-920A. Reserved.

§44-920B. Reserved.

§44-920C. Other sexual misconduct.

§44-920D. Fraternization.

§44-921. Larceny and wrongful appropriation.

§44-921A. Reserved.

§44-921B. Reserved.

§44-922. Reserved.

§44-922A. Reserved.

§44-923. Reserved.

§44-923A. Reserved.

§44-924. Frauds against the government.

§44-924A. Reserved.

§44-924B. Reserved.

§44-925. Reserved.

§44-926. Reserved.

§44-927. Reserved.

§44-928. Assault.

§44-928A. Reserved.

§44-928B. Reserved.

§44-929. Reserved.

§44-929A. Reserved.

§44-930. Stalking.

§44-931. Perjury.

§44-931A. Subornation of perjury.

§44-931B. Obstructing justice.

§44-931C. Misprision of serious offense.

§44-931D. Wrongful refusal to testify.

§44-931E. Reserved.

§44-931F. Noncompliance with procedural rules.

§44-931G. Wrongful interference with adverse administrative proceeding.

§44-932. Retaliation.

§44-933. Conduct unbecoming an officer and a gentleman.

§44-934. General article.

§44-935. Courts of inquiry.

§44-936. Authority to administer oaths.

§44-937. Articles to be explained.

§44-938. Complaints of wrongs.

§44-939. Redress of injuries to property.

§44-940. Delegation by the Governor.

§44-940A. Precedence of regulations.

§44-940B. Publication by Secretary of State.

§44-941. Payment of fees, costs and expenses - Military Justice Fund.

§44-942. Payment and collection of fines.

§44-943. Uniformity of interpretation.

§44-944. Immunity for duties performed under Code.

§44-945. Jurisdiction not extended to certain crimes.

§44-946. Continuances for military service.

§44-4300. Short title - Oklahoma Uniformed Services Employment and Reemployment Rights Act.

§44-4301. Purposes.

§44-4302. Construction with other laws.

§44-4303. Definitions.

§44-4304. Termination of entitlement to benefits.

§44-4311. Employment rights – Discrimination by employer.

§44-4312. Reemployment rights and benefits.

§44-4313. Employees of state government or political subdivisions - Reemployment.

§44-4314. Reemployment - Director of Human Capital Management of the Office of Management and Enterprise Services duties.

§44-4315. State agency or political subdivision procedures for ensuring rights apply to employees.

§44-4316. Reemployment – Retention of seniority and other rights and benefits.

§44-4317. Continuation of health coverage.

§44-4319. Liability of controlling Oklahoma employer of foreign entity - Applicability to foreign employer.

§44-4321. Assistance from Commissioner of Labor.

§44-4322. Refusal to comply – Complaint process.

§44-4323. Action for relief – Referral to district attorney.

§44-4326. Investigatory powers – Subpoenas – District court writs.

§44-4327. Effect of noncompliance of state officials with deadlines - Inapplicability of statutes of limitations.

§44-4331. Authority to prescribe regulations.

§44-4332. Annual report by the Commissioner of Labor.

§44-4333. Informing persons and employers of rights, benefits, and obligations.

§44-4334. Notice of rights, benefits, and obligations to be posted by employer.

§44-4335. Training to be provided by state agencies and political subdivisions.