TITLE 34.PUBLIC FINANCE

Part 4. EMPLOYEES RETIREMENT SYSTEM OF TEXAS

Chapter 81. INSURANCE

34 TAC §§81.1, 81.3, 81.5, 81.7

The Employees Retirement System of Texas (ERS) proposes amendments to §§81.1, 81.3, 81.5, and 81.7, concerning the Uniform Group Insurance Program (UGIP). Section 81.1 is amended to clarify the definition of accelerated life benefit and the definition of a person authorized by the Act to participate in the program; §81.3 is amended to update the rules regarding payment of premiums; §81.5 is amended to update eligibility rules concerning retirees and to permit former board members to continue coverage; and §81.7 is amended to update the rules concerning enrollment and participation.

Paula A. Jones, General Counsel, has determined that for the first five-year period the rules are in effect there will be no known fiscal implications for state or local government as a result of enforcing or administering the rules.

Ms. Jones 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 updated information and clarification of the rules. 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 Paula A. Jones, General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin, Texas 78711-3207, or e-mail Ms. Jones at pjones@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.

§81.1.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1)

Accelerated life benefit-An amount of term life insurance to be paid in advance of the death of an insured employee, annuitant, or dependent, as requested by the employee or annuitant and approved by the carrier, in accordance with the terms of the group term life plan as permitted by Article 3.50-6, Insurance Code. Accelerated life benefit payment may be requested only upon diagnosis of a terminal condition and only once during the lifetime of the insured employee, annuitant, or dependent. A terminal condition is a non-correctable health condition that with reasonable medical certainty will result in the death of the insured within 12 months. [ Accelerated Life Benefit - An amount of Term Life Insurance requested by the insured employee and approved by the carrier to be paid in advance of the employee's or covered dependent's actual death in accordance with the terms of the Group Term Life Plan, as permitted by Article 3.50-6, Texas Insurance Code. Accelerated Life Benefit payment can be requested only upon diagnosis of a terminal condition and only once during the lifetime of the employee or covered dependent. A terminal condition is a non-correctable health condition that with reasonable medical certainty will result in the death of the insured within 12 months. ]

(2)-(5)

(No change.)

(6)

Annuitant - A person authorized by the Act to participate in the program as an annuitant [ as defined in the Act ].

(7)-(10)

(No change.)

(11)

Department - Commission, board, agency, division, institution of higher education, or department of the State of Texas created as such by the constitution or statutes of this state , or other governmental entity whose employees or retirees are authorized by the Act to participate in the program.

(12)

Dependent - The spouse of an employee or retiree and unmarried children under 25 years of age, including:

(A)-(H)

(No change.)

(I)

any such child, regardless of age, who lives with or whose care is provided by an employee or retiree on a regular basis if such child is mentally retarded or physically incapacitated to such an extent as to be dependent upon the employee or retiree for care or support, as the trustee shall determine. Mentally retarded or physically incapacitated means any medically determinable physical or mental condition which prevents the child from engaging in self-sustaining employment, provided that the condition commences prior to such child's attainment of age 25, the child was eligible and covered under the plan immediately prior to reaching age 25, and that satisfactory proof of such condition and dependency is submitted by the employee/retiree within 31 days following such child's attainment of age 25 and at such intervals thereafter as may be required by the system . [ As a condition to the continued coverage of a child as a mentally retarded or physically incapacitated dependent beyond the age of 25, the carrier or health maintenance organization shall have the right to require periodic certification of the child's physical or mental condition, but not more frequently than annually following the child's attainment of age 25. ]

(13)

(No change.)

(14)

Employee - A person authorized by the Act to participate in the program as an employee. [ Any appointive or elective state officer or employee in the service of the State of Texas, including an employee of an institution of higher education as defined in the Act, except a person performing personal services for the State of Texas or an institution of higher education as an independent contractor: ]

[ (A)

who is retired or retires and is an annuitant as defined in the Act;]

[ (B)

who receives his compensation for services rendered to the State of Texas on a warrant issued pursuant to a payroll certified by a department or by an elected or duly appointed officer of this state;]

[ (C)

who receives payment for the performance of personal services on a warrant issued pursuant to a payroll certified by a department and drawn by the state Comptroller of Public Accounts against appropriations made by the Texas legislature from any state funds or against any trust funds held by the state or who is paid from funds of an official budget of a state department, rather than from funds of the General Appropriations Act;]

[ (D)

who is appointed, subject to confirmation of the senate, as a member of a board or commission with administrative responsibility over a statutory agency having statewide jurisdiction whose employees are covered by the Act;]

[ (E)

who is a member of the governing body of an institution of higher education;]

[ (F)

who is a member of the State Board of Education;]

[ (G)

who receives compensation for services rendered to an institution of higher education on a warrant or check issued pursuant to a payroll certified by an institution of higher education or by an elected or duly appointed officer of this state, and who is eligible for participation in the Teacher Retirement System of Texas; or,]

[ (H)

who receives compensation for services rendered to an institution of higher education but is not permitted to be a member of the Teacher Retirement System of Texas because the person is solely employed by an institution of higher education that, as a condition of employment, requires the person to be enrolled as a student in the institution of higher education in graduate-level courses and who is employed by the institution at least 20 hours a week.]

(15)-(16)

(No change.)

[ (17)

Extended sick leave without pay - The status of an employee who is certified monthly by an agency administrator to be absent from duty as a result of a disabling condition which prevents the employee from performing the employee's usual duties, and who has not received a refund of retirement contributions based upon the most recent term of employment. Such leave is limited to a maximum period of duration in the current Appropriations Act.]

(17)

[ (18) ] Former COBRA unmarried child - a child of an employee or retiree who is unmarried; whose UGIP coverage as a dependent has ceased; and who upon expiration of continuation coverage under the Consolidated Omnibus Budget Reconciliation Act, Public Law 99-272 (COBRA) reinstates UGIP coverage.

(18)

[ (19) ] HealthSelect of Texas - The statewide point-of-service plan of health coverage fully self-insured by the Employees Retirement System of Texas and administered by a qualified carrier or HMO.

(19)

[ (20) ] HealthSelect Plus - The optional managed care plan of health coverage fully self-insured by the Employees Retirement System of Texas and administered by a qualified carrier or HMO on a regular basis.

(20)

[ (21) ] HMO - A health maintenance organization approved by the board to provide health care benefits to eligible participants in the program in lieu of participation in the program's HealthSelect of Texas plan or HealthSelect Plus plan.

(21)

[ (22) ] Insurance premium expenses - Any out-of-pocket premium incurred by a participant, or by a spouse or dependent of such participant, as payment for coverage provided under the program [ Program ] that exceeds the state's or institution's contributions offered as an employee benefit by the employer. The types of premium expense covered by the premium conversion plan include out-of-pocket premium for group term life, health (including HMO premiums), AD&D, and dental, but do not include out-of-pocket premium for long or short term disability or dependent term life.

(22)

[ (23) ] Leave without pay - The status of an employee who is certified by a department administrator to be absent from duty for an entire calendar month, who does not receive any compensation for that month, and who has not received a refund of retirement contributions based upon the most recent term of employment.

(23)

[ (24) ] ORP - The Optional Retirement Program as provided in the Government Code, Chapter 830.

(24)

[ (25) ] Placement for adoption - A person's assumption and retention of a legal obligation for total or partial support of a child in anticipation of the person's adoption of such child.

(25)

[ (26) ] Preexisting condition - Any injury or sickness, for which the employee received medical treatment, or services, or took prescribed drugs or medicines during the three-month period immediately prior to the effective date of such coverage. However, if the evidence of insurability requirements set forth in §81.7(h) of this title must first be satisfied, the three-month period for purposes of determining the preexisting conditions exclusion will be the three-month period immediately preceding the date of the employee's completed application for coverage.

(26)

[ (27) ] Premium conversion plan - A separate plan, under the Internal Revenue Code, §79 and §106, adopted by the board of trustees and designed to provide premium conversion as described in §81.7(f) of this title.

(27)

[ (28) ] Program - The Texas Employees Uniform Group Insurance Program as established by the board.

(28)

[ (29) ] Retiree - A person authorized by the Act to participate in the program as a retiree or a retired employee who, as of August 31, 1992, was a participant in a group insurance program administered by an institution of higher education. [ A retired employee who is eligible, under the terms of the Act, for benefits under this program and retired employees who, as of August 31, 1992, were eligible participants in a group insurance program administered by an institution of higher education. ]

(29)

[ (30) ] Salary - The salary to be used for determining optional term life and disability income limitations will be the employee's regular salary, including longevity, shift differential, hazardous duty pay, and benefit replacement pay, received by the employee as of the employee's first day of active duty within a contract year. No other component of compensation shall be included. Non-salaried elective and appointive officials and [ or ] members of the legislature may use the salary of a state district judge or their actual salary as of September 1 of each year.

(30)

[ (31) ] System - The Employees Retirement System of Texas.

(31)

[ (32) ] TRS - The Teacher Retirement System of Texas.

§81.3.Administration.

(a)

Group Benefits Advisory Committee (GBAC).

(1)-(6)

(No change.)

(7)

The Executive Director of the Employees Retirement System of Texas shall file a notice of the GBAC's meetings with the Secretary of State [ secretary of state ] for publication in the Texas Register.

(8)

(No change.)

(b)

(No change.)

(c)

Health maintenance organizations.

(1)-(2)

(No change.)

(3)

An HMO seeking board approval in response to a request for bid in one or more of the RBAs, must satisfy the following conditions:

(A)

The HMO must be licensed by the Texas Department of Insurance to operate in the State of Texas.

(B)

The HMO must have been providing services in the RBA for at least 6 months prior to September 1 of the fiscal year in which the bid response is due to be filed with the system. Also, the HMO must demonstrate the capacity to [ for ] provide adequate services, as determined by the system, to the program participants.

(C)-(G)

(No change.)

(4)

(No change.)

(d)

Payment of Premiums [ Funding ].

(1)

[ Contributions. ] Premiums for coverage provided under the program are funded from three sources: state contributions, system contributions, [ employee ] and participant [ retiree ] contributions. The legislature appropriates monies to fund group insurance benefits for all employees as defined in the Act. Monies for employees compensated from funds other than the General Appropriations Act are appropriated from the official operating budget of the respective department. In addition, the system may contribute an additional amount, as determined by the trustee, for payment of premiums for participants [ employees and retirees ]. A participant [ An employee or retiree ] who applies for coverage for which the monthly premium exceeds the state's or employing department's and the system's contribution must pay the excess amount.

(2)

A participant's share of premiums shall be paid through deductions from monthly compensation or annuities or by direct payment, as provided in this paragraph. [ Payment of premiums. Deductions from monthly compensation or annuities and direct payment of premiums are two methods of payments used for the employee's, retiree's, or other participant's share of premiums. ]

(A)

[ Employee deductions. ] An employee or annuitant [ retiree ] who applies for coverage for which the monthly premium exceeds the state or employing department and the system contributions must authorize [ in writing ] on a form prescribed by the system a deduction from his or her monthly compensation or annuity to pay the difference. If the [ an employee's monthly ] compensation or [ retiree's ] annuity is insufficient to provide for the appropriate deduction, the participant [ employee or retiree ] must pay premiums directly as provided [ explained ] in subparagraph (B)(i) of this paragraph. Failure to make the required payment of premiums by the due date will result in the cancellation of all coverages not fully funded by the state contribution. A participant [ person ] entitled to the state contribution will retain member only health and basic life coverage provided the state contribution is sufficient to cover the premium for such coverage. If the state contribution is not sufficient for member only coverage in the health plan selected , the participant [ by the employee or retiree, the employee or retiree ] will be enrolled in the basic plan except as provided for in §81.7(l)(2)(B) of this title.

(B)

[ Direct payment of premiums. ] Persons who are eligible participants in the program and who are not on a payroll or who are not receiving an annuity from a state retirement system from which the appropriate premiums may be deducted or whose salary or annuity are insufficient to allow for a full required deduction must pay premiums directly as indicated in the following.

(i)

An employee who is in a leave without pay status or whose salary is insufficient, or who is a non-salaried board member, shall pay monthly premiums in advance through the employing department. Any other participant to whom this subparagraph applies shall pay monthly premiums in advance to the system. [ A person who is eligible to receive but is not actually receiving a TRS annuity, a retiree who is eligible to receive an annuity whose benefit is assigned to an alternate payee, a person whose retirement annuity is temporarily suspended, a person whose annuity is insufficient, a person who is receiving or eligible to receive an annuity under the ORP, a former elected official, a former employee of the legislature, a surviving spouse and/or dependent child/children of a deceased employee or retiree, and a former COBRA unmarried child must pay monthly premiums in advance directly to the system. A person in a leave without pay status, a person whose salary is insufficient, and a non-salaried board member must pay monthly premiums in advance through the employee's employing department. ] Premium payments are due on the first day of the month covered and must be postmarked or received by the system or the employing department, whichever is appropriate, within 30 days of the due date to avoid cancellation of coverage. Failure to make the required premium payment by the due date will result in cancellation of all coverages not fully funded by the state contribution, if applicable. A person entitled to the state contribution will retain member only health and basic life coverage provided the state contribution is sufficient to cover the premium for such coverage. If the state contribution is not sufficient for member only coverage in the health plan selected by the employee or retiree, the employee or retiree will be enrolled in the basic plan except as provided for in §81.7(l)(2)(B) of this title.

(ii)

A person who continues group health and dental benefits as provided in §81.5(k) of this title (relating to Eligibility) must pay premiums in advance on a monthly basis. Premiums for such a person will be 102% of the rates charged for other participants in the same coverage category and with the same plan. All premiums due for the election/enrollment period must be postmarked or received by the Employees Retirement System of Texas on or before the date indicated on the continuation of coverage enrollment form. Subsequent premiums are due on the first day of the month covered and must be postmarked or received by the Employees Retirement System of Texas within 30 days of the due date to avoid cancellation of coverage.

(iii)

(No change.)

§81.5.Eligibility.

(a)-(b)

(No change.)

(c)

Retirees.

(1)-(2)

(No change.)

(3)

A covered retiree [ whose effective date of retirement is on or after September 30, 1999, and ] who was not enrolled in optional life insurance or dependent life insurance coverage on the day before becoming an annuitant[ , ] becomes eligible for minimum retiree optional life insurance and dependent life insurance coverage on the date the retiree becomes an annuitant. Submission of evidence of insurability acceptable to the system shall be required for enrollment in such coverage.

(4)

A covered retiree who was not enrolled [ enrollment ] in dependent life insurance coverage on the day before becoming an annuitant becomes eligible for dependent life insurance coverage of a newly acquired dependent on the first day of the month following the date on which the individual becomes a dependent of the retiree.

(5)-(6)

(No change.)

(d)-(j)

(No change.)

(k)

Continuation of health and dental coverages only for certain spouses and dependent children of employees/retirees, and for certain terminating employees, their spouses, and dependent children (as provided by the Consolidated Omnibus Budget Reconciliation Act, Public Law 99-272).

(1)-(6)

(No change.)

(7)

Extension of continuation of coverage for certain spouses and/or dependent child/children of former employees who are continuing coverage under the provisions of paragraph (2) of this subsection is governed by the following provisions.

(A)

The surviving spouse and/or dependent child/children of a deceased former employee whose death occurred during the period of continuation coverage, who satisfy the provisions of paragraph (1) of this subsection and who notify the Employees Retirement System of Texas within 60 days of the date of death of the former employee are entitled to a total of 36 months of continuation coverage.

(B)-(F)

(No change.)

(8)

A person who continues benefits under the provisions of paragraphs (1)-(7) of this subsection may change coverage levels or plans during the continuation period on the same basis as an employee/retiree participant, provided, however, that health and dental coverages which are canceled during the continuation period may not be reestablished.

(9)

In all situations deemed applicable by the Employees Retirement System of Texas where state or federal laws or regulations mandate specific terms or provisions which are omitted or conflict with specific terms or provisions of the group contracts or trustees' rules, the appropriate contracts and rules shall be interpreted and administered to comply with such laws or regulations.

(l)

Former board members. A former member of a board or commission or of the governing body of an institution of higher education, as both are described in Section 3(a)(5) of the Act, is eligible to continue the coverage, other than disability income insurance coverage, in effect on the day before the member leaves office if no lapse in coverage occurs after the end of the term of office.

§81.7.Enrollment and Participation.

(a)-(b)

(No change.)

(c)

Retirees and their dependents.

(1)

Provided the required premiums are paid or deducted, an employee's health, dental and term life insurance coverage (including eligible dependent coverages) may be continued upon retirement. The life insurance will be reduced to the maximum amount which the retiree is permitted to retain under the insurance contract as a retiree. All other coverages in force for the active employee, but not available to the retiree, will automatically be discontinued concurrently with the commencement of retirement status. If a retiree is not covered as an active employee on the day before becoming an annuitant, the retiree will be enrolled in the basic plan.

(2)

A retiree may enroll in health, dental, and life insurance coverages for which the retiree is eligible, including dependent coverages, by completing and signing an enrollment form before, on, or within 30 days after, the retiree's effective date of retirement. For the purposes of this paragraph, the effective date of retirement of a retiree who is eligible to receive, but who is not actually receiving, an annuity is the date on which the system receives written notice of the retirement. Except as otherwise provided in this paragraph and paragraph (4) of this subsection, coverage becomes effective on the first day of the month following the effective date of retirement. A change in coverage for which the retiree applies after initial enrollment as a retiree, but within 30 days after the effective date of retirement, becomes effective on the first day of the month following the date of the application. An application received after the initial period for enrollment as provided in this paragraph is subject to the provisions of subsection (h) of this section.

(3)

A retiree who becomes eligible for optional life insurance coverage or dependent life insurance coverage as provided in §81.5(c)(3) of this title (relating to Eligibility), may apply for approval of such coverage [ before, on, or within 30 days after, the effective date of retirement ] by providing evidence of insurability acceptable to the system.

(4)-(5)

(No change.)

(d)

(No change.)

(e)

Former COBRA unmarried children. A former COBRA unmarried child must provide an application to continue health and dental insurance coverage [ on, or ] within 30 days after[ , ] the date the notice of eligibility is [ was ] mailed by the system. Coverage becomes effective on the first day of the month following the month in which continuation coverage ends. Premium payments may be made as provided in §81.3(d)(2)(B) (relating to Administration).

(f)-(g)

(No change.)

(h)

Changes in coverage after the initial period for enrollment.

(1)-(2)

(No change.)

(3)

An eligible participant who wishes to add or increase coverage, add eligible dependents to HealthSelect of Texas, or change coverage from an HMO to HealthSelect of Texas after the initial period for enrollment must make application for approval by providing evidence of insurability acceptable to the system. Unless not in compliance with paragraph (1) of this subsection, coverage will become effective on the first day of the month following the date approval is received by the employee's benefits coordinator or by the system, if the applicant is a retiree or an individual in a direct pay status. If the applicant is an employee whose coverage was canceled while the employee was in a leave without pay status, the approved change in coverage will become effective on the date the employee returns to active duty if the employee returns to active duty within 30 days of the approval letter. If the date the employee returns to active duty is more than 30 days after the date on the approval letter, the approval is null and void; and a new application shall be required. An employee or retiree may withdraw the application at any time prior to the effective date of coverage by submitting a written notice of withdrawal.

(4)

The evidence of insurability provision applies only to:

(A)

employees who wish to enroll in Elections III or IV optional term life insurance, except as otherwise provided in subsection (k) of this section [ Optional Term Life insurance ];

(B)

employees who wish to enroll in or increase optional term life insurance or disability income insurance [ Optional Term Life insurance, Short Term Disability, or Long Term Disability ] after the initial period for enrollment;

(C)-(E)

(No change.)

(5)-(9)

(No change.)

(10)

An eligible participant will be allowed an annual opportunity to make changes in coverages.

(A)

A participant will be allowed to:

(i)-(xi)

(No change.)

(xii)

enroll themselves and their eligible dependents in an eligible HMO, in HealthSelect Plus (if they are eligible), and in a dental plan from a declined or canceled status; [ and ]

(xiii)

decrease or cancel coverage, unless prohibited by §81.11(a)(2) (relating to Termination of Coverage) ; and [ . ]

(xiv)

apply for coverage for which evidence of insurability is required as provided in paragraph (3) of this subsection.

(B)-(C)

(No change.)

(11)

(No change.)

(i)

(No change.)

(j)

Special provisions relating to term life benefits

(1)

An employee or annuitant who is enrolled in the group term life insurance plan [ Group Term Life Plan ] may file a claim for an accelerated life benefit for himself or his covered dependent in accordance with the terms of the [ group term life insurance ] plan in effect at that time. [ A retiree who is enrolled in the plan is eligible to file a claim for an accelerated life benefit for himself or his covered dependent only if the retiree or dependent was determined, in a written statement by his attending physician, prior to the effective date of the retirement, to have had a terminal condition as defined in these rules. ] An accelerated life benefit paid will be deducted from the amount that would otherwise be [ by ] payable under the plan [ Group Term Life Plan ].

(2)

An employee or annuitant [ retiree ] who is enrolled in the group term life insurance plan [ Group Term Life Plan ] may make , in conjunction with receipt of a viatical settlement, an irrevocable beneficiary designation [ and enter into a viatical settlement ] in accordance with the terms of the [ group term life insurance ] plan in effect at that time.

(k)

Reinstatement in the program.

(1)

Except as provided in subsection (h)(1) of this section, an employee who terminates employment and returns to active duty within the same contract year shall reinstate the coverages in effect on the date employment was terminated. Except as provided in subsection (h)(1), coverage becomes effective on the date on which the employee returns to active duty. To reinstate canceled coverages, submission of evidence of insurability acceptable to the carrier will not apply. Provided that all applicable preexisting conditions exclusions were satisfied on the date of termination, no new preexisting conditions exclusions will apply. If not, any remaining period of preexisting conditions exclusions must be satisfied upon reinstatement.

(2)-(5)

(No change.)

(l)

Continuing coverage in special circumstances.

(1)

Continuation of health, dental, and optional coverages for terminating employees. A terminating employee is eligible to continue all coverages through the last day of the month in which employment is terminated.

(2)

Continuation of health, dental, and life coverages for employees in a leave without pay status.

(A)

An employee in a leave without pay status may continue the [ types and amounts of ] health, life, and dental coverages in effect on the date the employee entered that status for the period of leave, but not more than [ a maximum period of up to ] 12 months. [ The maximum period may be extended for up to 12 additional months for a total of 24 continuous months, provided the extension is certified by the department to be for educational purposes. ] The employee must pay premiums directly as provided [ defined ] in §81.3(d)(2)(B)(i) of this title (relating to Administration). Disability income coverage for an employee in a leave without pay status will be suspended beginning on the first day of the month in which the employee enters the leave without pay status and continuing for those months in which the employee remains in that status. Suspended disability income coverage for an employee returning to active duty from a leave without pay status will be reactivated effective on the date on which the employee returns to active duty if the entire period of unpaid leave was certified by the department as approved leave without pay.

(B)

(No change.)

(3)-(9)

(No change.)

(10)

Extension of continuation of health and dental coverages for certain spouses and/or dependent child/children of former employees who are continuing coverage under the provisions of paragraph (6) of this subsection.

(A)

The surviving spouse and/or dependent child/children of a deceased former employee, who, in accordance with §81.5(k)(7)(A) of this title (relating to Eligibility), elects to extend continuation coverage may do so by submitting the required election notification and enrollment forms to the Employees Retirement System of Texas . The enrollment form, including all premiums due for the election/enrollment period, must be postmarked or received by the Employees Retirement System of Texas on or before the date indicated on the continuation enrollment form. The election/enrollment period begins on the first day of the month following the month in which the former employee died.

(B)

A spouse who is divorced from a former employee and/or the divorced spouse's dependent child/children, who, in accordance with §81.5(k)(7)(B) of this title (relating to Eligibility), elects to extend continuation coverage may do so by submitting the required election notification and enrollment forms to the Employees Retirement System of Texas . The enrollment form, including all premiums due for the election/enrollment period, must be postmarked or received by the Employees Retirement System of Texas on or before the date indicated on the continuation enrollment form. The election/enrollment period begins on the first day of the month following the month in which the divorce decree was signed.

(C)

A dependent child under 25 years of age who marries, who, in accordance with §81.5(k)(7)(C) of this title (relating to Eligibility), elects to extend continuation coverage may do so by submitting the required election notification and enrollment forms to the Employees Retirement System of Texas . The enrollment form, including all premiums due for the election/enrollment period, must be postmarked or received by the Employees Retirement System of Texas on or before the date indicated on the continuation enrollment form. The election/enrollment period begins on the first day of the month following the month in which the dependent child marries.

(D)

A dependent child who has attained 25 years of age, who, in accordance with §81.5(k)(7)(D) of this title (relating to Eligibility), elects to extend continuation coverage may do so by submitting the required election notification and enrollment forms to the Employees Retirement System of Texas . The enrollment form, including all premiums due for the election/enrollment period, must be postmarked or received by the Employees Retirement System of Texas on or before the date indicated on the continuation enrollment form. The election/enrollment period begins on the first day of the month following the month in which the dependent child attained age 25.

(11)

(No change.)

(12)

Continuation coverage for a former board member. Provided that the required premiums are paid, the health, dental, and life insurance coverages of a former member of a board or commission, or of the governing body of an institution of higher education, as both described in Section 3(a)(5) of the Act, may be continued on conclusion of service if no lapse in coverage occurs after the term of office.

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 January 10, 2000.

TRD-2000000130

Sheila W. Beckett

Executive Director

Employees Retirement System of Texas

Earliest possible date of adoption: February 20, 2000

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


Chapter 85. FLEXIBLE BENEFITS

34 TAC §§85.1, 85.7, 85.9

The Employees Retirement System of Texas (ERS) proposes amendments to §§85.1, 85.7, and 85.9, concerning the Flexible Benefits Program. Section 85.1 is amended to add a definition of election form and to update other definitions as needed; Section 85.7 is amended to update rules concerning the payment of flexible benefit dollars; and 85.9 is amended to reflect similar amendments to §85.7.

Paula A. Jones, 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.

Ms. Jones 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 updated information and clarification of the rules. 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 Paula A. Jones, General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin, Texas 78711-3207, or e-mail Ms. Jones at pjones@ers.state.tx.us.

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

No other statutes are affected by this amendment.

§85.1.Introduction and Definitions.

(a)

Summary. The purpose of these rules is to govern the flexible benefits program. The flexible benefits plan (the plan) includes reimbursement account arrangements with optional benefits available for selection by participants as described in the plan and these rules. The plan is intended to be qualified under the Internal Revenue Code (the Code), §125, as amended from time to time, and is intended to continue as long as it qualifies under §125 and is advantageous to the state [ and state ] and institutions of higher education employees. Optional benefits offered under the plan for individual selection consist only of a choice between cash and certain statutory nontaxable fringe benefits as defined in the Code, §125, and regulations promulgated under the Code, §125.

(b)

Applicability of rules.

(1)

These rules are applicable only to employees [ of the State of Texas, institutions of higher education ] as defined in these rules, and terminated employees, as described in §85.3(b)(1)(B) [ and (C) ] of this title (relating to Eligibility and Participation).

(2)

An employee who retired or separated from employment prior to September 1, 1988, shall not be entitled to benefits under the provisions of the plan and these rules, unless the employee is rehired and then becomes eligible for benefits.

(c)

Definitions. The following words and terms when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise, and wherever appropriate, the singular includes the plural, the plural includes the singular, and the use of any gender includes the other gender.

(1)

Act - The state law that authorized the establishment of a flexible benefits plan and is designated in the Texas Insurance Code, Article 3.50-2, as amended.

(2)

Account - A record keeping account established by the Employees Retirement System of Texas or its designee in the name of each participant for the purpose of accounting for contributions made to the account and benefits paid to a participant.

(3)

Active duty - The expenditure of time and energy in the service of an employer [ the State of Texas or institution of higher education ] as defined in these rules. An employee will be considered to be on active duty on each day of a regular paid vacation or on a non-work day, on which the employee is not disabled, if the employee was on active duty on the last preceding work day.

(4)-(12)

(No change.)

(13)

Election form-A form provided by the Employees Retirement System of Texas that is an agreement by and between the employer and the participant, entered into prior to an applicable period of coverage, in which the participant agrees to a reduction in compensation for purposes of purchasing benefits under the plan.

(14)

[ (13) ] Eligible employee - An employee [ of the State of Texas or institution of higher education ] who has satisfied the conditions for eligibility to participate in the plan in accordance with the plan and §85.3(a)(1), and (b)(1) of this title (relating to Eligibility and Participation), and, to the extent necessary, a retired or terminated employee who is entitled to benefit payments under the plan.

(15)

[ (14) ] Employee - A person [ who is employed by the State of Texas, its agencies, commissions, institutions of higher education or departments and ] who is eligible to participate in the Uniform Group Insurance Program as an employee .

(16)

[ (15) ] Employer - The State of Texas, its agencies, commissions, institutions of higher education, and departments , or other governmental entity whose employees are authorized to participate in the Uniform Group Insurance Program .

(17)

[ (16) ] Expenses incurred - Expenses for services received or performed and for which the participant is legally responsible.

(18)

[ (17) ] Executive director - The executive director of the Employees Retirement System of Texas.

[ (18)

Extended sick leave without pay - The status of an employee who is certified monthly by an agency or institution of higher education administrator to be absent from duty as a result of a disabling condition which prevents the employee from performing the employee's usual duties and who has not received a refund of retirement contributions based upon the most recent term of employment.]

(19)-(20)

(No change.)

(21)

Health care reimbursement account - The bookkeeping account maintained by the plan administrator [ Employees Retirement System of Texas ] used for crediting contributions to the account and accounting for benefit payments from the account.

(22)-(33)

(No change.)

[ (34)

TexFlex election form - A form provided by the Employees Retirement System of Texas that is a written agreement by and between the employer and the participant, entered into prior to an applicable period of coverage, in which the participant agrees to a reduction in compensation for purposes of purchasing benefits under the plan.]

(34)

[ (35) ] Uniform Group Insurance Program - The employee insurance benefits program administered by the Employees Retirement System of Texas, pursuant to the Texas Insurance Code, Article 3.50-2. The program consists of health, voluntary accidental death and dismemberment, optional term life, dependent term life, short and long term disability, and dental insurance coverages.

§85.7.Enrollment.

(a)-(c)

(No change.)

(d)

Payment of flexible benefit dollars.

(1)

Flexible benefit dollars from an active duty employee shall be recovered [ by the State of Texas or institution of higher education ] through payroll withholding at least monthly during the plan year and remitted [ by the State of Texas or institution of higher education ] to the Employees Retirement System of Texas for the purpose of purchasing benefits. For the health care reimbursement account only, and except as otherwise provided in §85.3(b)(3)(D) of this title (relating to Eligibility and Participation), flexible benefit dollars from employees on leave without pay status or who have insufficient funds for any month shall be recovered through direct after-tax payment from the employee or upon the return of the employee to active duty status from payroll withholding, for the total amount due.

(2)

An employee's flexible benefit dollars with respect to any month during the plan year shall be equal to the authorization on the employee's election form plus any administrative fees.

(3)

Flexible benefit dollars [ recovered by the State of Texas, institution of higher education or from participants and ] received by the Employees Retirement System of Texas shall be credited to the participant's dependent care reimbursement account and/or health care reimbursement account, as appropriate.

(e)

(No change.)

(f)

Reimbursement report to participant. The plan administrator [ or its agent ] shall provide to the participant periodic reports on each reimbursement account, showing the account transactions (disbursements and balances) during the plan year.

§85.9.Payment of Claims from Reimbursement Accounts.

(a)-(b)

(No change.)

(c)

Statements. On or before January 31 of each year, the plan administrator [ or its agent ] shall furnish to each [ dependent care ] reimbursement plan participant a statement of account as of the end of the previous calendar year.

(d)

(No change.)

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 January 10, 2000.

TRD-2000000131

Sheila W. Beckett

Executive Director

Employees Retirement System of Texas

Earliest possible date of adoption: February 20, 2000

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