§ 85-313. Repealed by Laws 2013, c. 208, § 171, eff. Feb. 1, 2014.  

NOTE:  Subsequent to repeal, this section was amended by Laws 2013, c. 254, § 38 to read as follows:

A.  1.  All public entities of this state, their agencies and instrumentalities, authorities, and public trusts of which they are beneficiaries shall provide workers' compensation to their employees and elected officials engaged in either governmental or proprietary functions in accordance with this section.  Compensation or indemnification for compensation shall be paid out of the funds of the public entities.

2.  Except as otherwise provided, the state and all its institutions of higher education, departments, instrumentalities, institutions, and public trusts of which it or they are beneficiaries shall insure against liability for workers' compensation.

3.  The state, all state institutions of higher education except comprehensive universities, and all state departments, instrumentalities, institutions, and public trusts of which the state is a beneficiary, may self-insure.

B.  All counties, cities and towns, their instrumentalities and public trusts of which they are beneficiaries shall insure against their liability for workers' compensation through any combination of the following:

1.  Insure with an insurance carrier licensed in this state;

2.  Self-insure and make any appropriation of funds to cover their risk;

3.  Secure reinsurance or excess insurance over and above a self-insurance retention in any manner authorized by subsections B and C of Section 167 of Title 51 of the Oklahoma Statutes; or

4.  Secure compensation for their employees in the manner provided in The Governmental Tort Claims Act, subsection C of Section 167 of Title 51 of the Oklahoma Statutes.

C.  Boards of education, their instrumentalities and public trusts of which they are beneficiaries shall insure against their liability for workers' compensation through any combination of the following:

1.  Insure with an insurance carrier licensed in this state;

2.  Self-insure and make any appropriation of funds to cover their risk; or

3.  Secure reinsurance or excess insurance over and above a self-insured retention in any manner authorized by law.

D.  Comprehensive universities shall insure against their liability for workers' compensation through any combination of the following:

1.  Insure with an insurance carrier licensed in this state; or

2.  Self-insure and make any appropriation of funds to cover their risk.

E.  For purposes of the Workers' Compensation Code, all contracts of employment for state, county, municipal, and state funded educational entities and public trusts will be considered to have been entered into in this state regardless of where the work is performed.

F.  Where a person who is employed by the state, a municipality, a county, or by any political subdivisions thereof, and who, while off-duty from the employment, is employed by a private employer, the private employer alone shall be liable for compensation under the Workers' Compensation Code for any injury or death of the person arising out of and in the course of employment which occurs during the hours of actual employment by the private employer.  The provisions of this act shall be applicable to private employers specified in this subsection.  The provisions of this subsection shall not relieve the state, a municipality or a county, or any political subdivision thereof, from providing disability benefits to which a person may be entitled pursuant to a pension or retirement plan.  The provisions of this subsection shall not preclude an employee or group of employees so employed from providing separate compensation coverage for off-duty employment by a private employer.