TITLE 34.PUBLIC FINANCE

Part 3. TEACHER RETIREMENT SYSTEM OF TEXAS

Chapter 41. HEALTH CARE AND INSURANCE PROGRAMS

Subchapter C. TEXAS SCHOOL EMPLOYEES GROUP HEALTH (TRS-ACTIVECARE)

34 TAC §41.36, §41.37

The Teacher Retirement System of Texas (TRS) adopts amendments to §41.36, concerning enrollment periods and §41.37, concerning effective date of coverage, both of which relate to the Texas School Employees Uniform Group Health Coverage Program ("TRS-ActiveCare"). The amendments are adopted without changes to the text as published in the June 20, 2003, issue of the Texas Register (28 TexReg 4621) and therefore the text will not be republished.

The amendments are being adopted to permit large school districts, as defined in the rule, to recommend an initial enrollment period that differs from the enrollment period for other participating entities when the large school district is first becoming a participating entity in TRS-ActiveCare. Permitting large school districts to retain an enrollment period that is consistent with their current practices will reduce confusion and ease the administrative complexities associated with the district's transition into TRS-ActiveCare. Additionally, the amendments provide that TRS must approve a recommended enrollment period in order to ensure that TRS and its contractors can accommodate the district's recommended enrollment period. Finally, the amendments specify that the effective date of coverage for individuals who enroll during the recommended enrollment period will be the first date on which the large school district is eligible to participate in TRS-ActiveCare.

No comments on the proposal were received.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for, among other things, the transaction of business of the board. The amendments are also adopted under Insurance Code article 3.50-7, which authorizes TRS to adopt rules to administer the TRS-ActiveCare program. Insurance Code article 3.50-7, §3(c) further authorizes TRS, as trustee, to "adopt rules relating to the program as considered necessary by the trustee."

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 29, 2003.

TRD-200304623

Charles L. Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: August 18, 2003

Proposal publication date: June 20, 2003

For further information, please call: (512) 542-6115