TITLE public-finance

Part IV. Employees Retirement System of Texas

Chapter 81. Insurance

34 TAC §§81.1, 81.5, 81.7, 81.11

(Editor's note: The Employees Retirement System of Texas proposes for permanent adoption the amended sections it adopts on an emergency basis in this issue. The text of the amended sections are in the Emergency Rules section of this issue.)

The Employees Retirement System of Texas (ERS) proposes amendments to §§81.1, 81.5, 81.7, and 81.11, concerning the Uniform Group Insurance Program (UGIP). Section 81.1 is amended to remove long and short term disability insurance premiums from the definition of "insurance premium expenses" covered by the premium conversion plan; §81.5 is amended to permit certain retirees not covered by optional life insurance or dependent life insurance at the time of retirement an opportunity to apply for minimum retiree optional life insurance and dependent life insurance coverage. Section 81.5 is also amended to permit both parents to carry dependent life and accident insurance on a child if both parents are participants in the UGIP; §81.7 is amended to make participation in the premium conversion plan mandatory and automatic, to make coverage of an adopted child effective on the date of placement for adoption, to make coverage in the life and accident plans begin at the date of birth and to clarify the definition of a qualifying life event for premium conversion purposes; and §81.11 is amended to reflect amendments made in §81.7.

William S. Nail, Deputy Executive Director and General Counsel, has determined that for the first five-year period the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Nail also determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be a clarification of the eligibility and enrollment rules for the UGIP and the premium conversion plan. There will be no affect on small businesses. There are no known anticipated economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposed rule amendments may be submitted to William S. Nail, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin, Texas 78711-3207, or e-mail Mr. Nail at wnail@ers.state.tx.us.

The amendments are proposed under Insurance Code, Article 3.50-2, §4.

No other statutes are affected by these proposed amendments.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on June 17, 1999.

TRD-9903641

Sheila W. Beckett

Executive Director

Employees Retirement System of Texas

Earliest possible date of adoption: August 1, 1999

For further information, please call: (512) 867-7125


Chapter 85. Flexible Benefits

34 TAC §85.1, 85.3, 85.5, 85.7, 85.13

(Editor's note: The Employees Retirement System of Texas proposes for permanent adoption the amended sections it adopts on an emergency basis in this issue. The text of the amended sections are in the Emergency Rules section of this issue.)

The Employees Retirement System of Texas (ERS) proposes amendments to §§85.1, 85.3, 85.5, 85.7, and 85.13, concerning the Flexible Benefits Program. Section 85.1 is amended to revise the definition of "leave of absence without pay"; §85.3 is amended to expand the class of employees eligible to participate in the Flexible Benefits Program, make changes to the effective date of elections, and expand the types of changes that a participant can make in the Health Care Reimbursement Account following a qualifying event; §85.5 is amended to increase the Health Care Reimbursement Account limit from $3,000 to $5,000; §85.7 is amended to add additional events upon which participants may make changes to their elections in the Flexible Benefits Program and to redefine a "change in family" status to be a "qualifying life event"; and §85.13 is amended to make changes to the administrative fees of the Flexible Benefits Program.

William S. Nail, Deputy Executive Director and General Counsel, has determined that for the first five-year period the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Nail also determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be an enhanced employee benefit program for state employees. There will be no effect on small businesses. There are no known anticipated economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposed rule amendments may be submitted to William S. Nail, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P.O. Box 13207, Austin, Texas, 78711-3207, or e-mail Mr. Nail at wnail@ers.state.tx.us.

The amendments are proposed under Insurance Code, Art. 3.50-2, §4A and affects Insurance, Code Art. 3.50-2, §13B.

No other statutes are affected by this amendment.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on June 17, 1999.

TRD-9903642

Sheila W. Beckett

Executive Director

Employees Retirement System of Texas

Earliest possible date of adoption: August 1, 1999

For further information, please call: (512) 867-7125