§ 85A-202. Voluntary election of qualified employer status.

A.  Any employer may voluntarily elect to be exempt from the Administrative Workers' Compensation Act and become a qualified employer if the employer:

1.  Is in compliance with the notice requirements in subsections B and H of this section; and

2.  Has established a written benefit plan as described in Section 110 of this act.

B.  An employer that has elected to become a qualified employer by satisfying the requirements of this section shall notify the Insurance Commissioner in writing of the election and the date that the election is to become effective, which may not be sooner than the date that the qualified employer satisfies the employee notice requirements in this section.  Such qualified employer shall pay to the Commissioner an annual nonrefundable fee of One Thousand Five Hundred Dollars ($1,500.00) on the date of filing written notice and every year thereafter.

C.  The Commissioner shall collect and maintain the information required under this section and shall monitor compliance with the requirements of this section.  The Commissioner may also require an employer to confirm its qualified-employer status.  Subject to subsection D of this section, the Commissioner shall adopt rules designating the methods and procedures for confirming whether an employer is a qualified employer, notifying an employer of any qualifying deficiencies, and the consequences thereof.  The Commissioner shall record the date and time each notice of qualified-employer status is received and the effective date of qualified-employer election.  The Commissioner shall maintain a list on its official website accessible by the public of all qualified employers and the date and time such exemption became effective.

D.  Except as otherwise expressly provided in this act, neither the Workers' Compensation Commission, the courts of this state, or any state administrative agencies shall promulgate rules or any procedures related to design, documentation, implementation, administration or funding of a qualified employer's benefit plan.

E.  The Commissioner may designate an information collection agent, implement an electronic reporting and public information access program, and adopt rules as necessary to implement the information collection requirements of this section.

F.  The Commissioner may prescribe rules and forms to be used for the qualified-employer notification and shall require the qualified employer to provide its name, address, contact person and phone number, federal tax identification number, number of persons employed in this state as of a specified date, claim administration contact information, and a listing of all covered business locations in the state.  The Commissioner shall notify the Commissioner of Labor of all qualified-employer notifications.  The Department of Labor shall provide such notifications to other governmental agencies as it deems necessary.

G.  The Commissioner may contract with the Oklahoma Employment Security Commission, the State Treasurer or the Department of Labor for assistance in collecting the notification required under this section or otherwise fulfilling the Commissioner's responsibilities under this act.  Such agencies shall cooperate with the Commissioner in enforcing the provisions of this section.

H.  A qualified employer shall notify each of its employees in the manner provided in this section that it is a qualified employer, that it does not carry workers' compensation insurance coverage and that such coverage has terminated or been cancelled.

I.  The qualified employer shall provide written notification to employees as required by this section at the time the employee is hired or at the time of designation as a qualified employer.  The qualified employer shall post the employee notification required by this section at conspicuous locations at the qualified employer's places of business as necessary to provide reasonable notice to all employees.  The Commissioner may adopt rules relating to the form, content, and method of delivery of the employee notification required by this section.

Added by Laws 2013, c. 208, § 109, eff. Feb. 1, 2014.