Part 4. EMPLOYEES RETIREMENT SYSTEM OF TEXAS

Chapter 81. INSURANCE

34 TAC §81.7

The Employees Retirement System of Texas (ERS) adopts amendments to Trustee Rule, 34 TAC §81.7, in order to conform to changes in insurance coverages for eligible group insurance program participants. The amendments are adopted without change to the proposed text as published in the May 9, 2003, issue of the Texas Register (28 TexReg 3799). The text of the rule will not be republished.

No comments were received regarding adoption of these amendments.

The amendments are adopted under Article 3.50-2 §4A, Texas Insurance Code, which provides authorization for the Board of Trustees to adopt rules necessary for the administration and implementation of insurance plans for state employees. Effective June 1, 2003, the Board's rulemaking authority is codified in §1551.052, Texas Insurance Code.

The Texas Insurance Code Article 3.50-2 and Texas Insurance Code Chapter 1551 are affected by the amendments.

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 June 27, 2003.

TRD-200303972

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Effective date: July 17, 2003

Proposal publication date: May 9, 2003

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

34 TAC §§85.1, 85.3, 85.5, 85.7, 85.9, 85.13, 85.17, 85.19

The Employees Retirement System of Texas (ERS) Board of Trustees adopted amendments to Trustee Rules, 34 TAC §§85.1, 85.3, 85.5, 85.7, 85.9, 85.13, 85.17, and 85.19, in order to conform to the codification of and amendments to the Uniform Group Insurance Program as the Texas Employees Group Benefits Act and to further update and clarify ERS' administrative procedures regarding administration of the program. The amendments are adopted without change to the proposed text as published in the May 9, 2003, issue of the Texas Register (28 TexReg 3801). The text of the amended rules will not be republished.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under Article 3.50-2, §4 and §13B, Texas Insurance Code, codified to be effective June 1, 2003, to promulgate rules, regulations, plans, procedures and orders necessary to implement and carry out the purposes and provisions of that article including the administration and implementation of an insurance and cafeteria plan for state employees. Effective June 1, 2003, the Board's rulemaking authority is codified in §1551.052, Texas Insurance Code.

The Texas Insurance Code Article 3.50-2 and Texas Insurance Code Chapter 1551 are affected by the amendments to §§85.1, 85.3, 85.5, 85.7, 85.9, 85.13, and 85.19. Texas Government Code Chapter 2001 is affected by the amendment to §85.17.

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 June 27, 2003.

TRD-200303971

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Effective date: July 17, 2003

Proposal publication date: May 9, 2003

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

Chapter 101. PRACTICE AND PROCEDURE REGARDING CLAIMS

34 TAC §101.8

The Texas County and District Retirement System adopts amended §101.8, concerning reporting at board meetings and confirming benefits approved by the director. This amended rule is adopted without changes to the proposed text as published in the May 23, 2003, issue of the Texas Register (28 TexReg 4076).

The amended rule eliminates the requirement that service retirement benefits approved by the director be reported at the next following board meeting and that such approval be confirmed by the board. The Board of Trustees of the Texas County and District Retirement System has adopted a plan governance policy which delegates to the director the responsibility to determine the eligibility for, and approve the payment of, benefits under the system. The board may amend, modify or revoke this policy and remains the final administrative authority to review adverse determinations by the director.

Under the amended rule the director will continue to submit a report to the board of those benefits granted; however, as such report will be advisory and will no longer require confirmation, it may be provided to the board in the same manner as other informational materials not requiring board action consistent with any requirements of confidentiality.

No comments were received regarding adoption of this amendment.

The amendment is adopted under the Government Code, §845.102, which provides the board of trustees of the Texas County and District Retirement System with the authority to adopt rules necessary or desirable for efficient administration of the system.

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 June 30, 2003.

TRD-200303986

Tom Harrison

Director, Legal and Governmental Relations

Texas County and District Retirement System

Effective date: July 20, 2003

Proposal publication date: May 23, 2003

For further information, please call: (512) 637-3230

34 TAC §101.10

The Texas County and District Retirement System adopts amended §101.10, concerning reporting at board meetings and confirming benefits approved by the director. This amended rule is adopted without changes to the proposed text as published in the May 23, 2003, issue of the Texas Register (28 TexReg 4076).

The amended rule eliminates the requirement that disability retirement benefits approved by the director be reported at the next following board meeting and that such approval be confirmed by the board. The Board of Trustees of the Texas County and District Retirement System has adopted a plan governance policy which delegates to the director the responsibility to determine the eligibility for, and approve the payment of, benefits under the system. The board may amend, modify or revoke this policy and remains the final administrative authority to review adverse determinations by the director.

Under the amended rule the director will continue to submit a report to the board of those benefits granted; however, as such report will be advisory and will no longer require confirmation, it may be provided to the board in the same manner as other informational materials not requiring board action consistent with any requirements of confidentiality.

No comments were received regarding adoption of this amendment.

The amendment is adopted under the Government Code, §845.102, which provides the board of trustees of the Texas County and District Retirement System with the authority to adopt rules necessary or desirable for efficient administration of the system.

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 June 30, 2003.

TRD-200303985

Tom Harrison

Director, Legal and Governmental Relations

Texas County and District Retirement System

Effective date: July 20, 2003

Proposal publication date: May 23, 2003

For further information, please call: (512) 637-3230