Part 3.
TEACHER RETIREMENT SYSTEM OF TEXAS
Chapter 41.
HEALTH CARE AND INSURANCE PROGRAMS
Subchapter A. RETIREE HEALTH CARE BENEFITS (TRS-CARE)
34 TAC §41.6
The Teacher Retirement System of Texas (TRS) adopts new §41.6
concerning the required contribution from public schools in the Texas Public
School Employees Group Benefits Program known as TRS-Care. The new section
is adopted with one non-substantive change to the text as published in the
August 29, 2003 issue of the
Texas Register
(28
TexReg 7165).
The new section implements the new requirement set out under House Bill
3459, 78th Legislature, Regular Session, that public schools contribute a
percentage of the salaries of active employees to the TRS-Care program. One
technical change to subsection (a) of the text as proposed is adopted in order
to correct the reference to the complete name of the TRS-Care fund.
The General Appropriations Act sets the percentage that public schools
must contribute to the TRS-Care fund at 0.4% of the salaries of active employees
for the 2004-2005 biennium. The new section implements that mandate and requires
public schools to make these contributions in the same way that they make
their retirement contributions.
No written comments on the proposal were received.
The new section is 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 new section is also adopted under Insurance
Code, Chapter 1575, §1575.052, which authorizes TRS, as trustee, to adopt
rules reasonably necessary to implement the TRS-Care program, including procedures
for contributions and deductions. The new section is also adopted under House
Bill 3459, 78th Legislature, Regular Session, Section 54 and House Bill 1,
78 Legislature, Regular Session.
§41.6.Required Contributions from Public Schools.
(a)
On a monthly basis, each public school shall contribute
0.4% of the salary of each active employee to TRS for deposit in the Retired
School Employees Group Insurance Fund. The public school shall make the contribution
at the same time and in the same manner in which the public school delivers
retirement contributions. Any waiver granted to a public school under Government
Code §825.408(a) does not apply to the contribution under this section.
(b)
For purposes of this section, "active employee" means a
contributing member of TRS who is employed by a public school and is not entitled
to coverage under a plan provided under Chapter 1551 or Chapter 1601, Insurance
Code.
(c)
For purposes of this section, "public school" means a school
district; another educational district whose employees are TRS members; a
regional education service center established under Chapter 8, Education Code;
or an open-enrollment charter school established under Subchapter D, Chapter
12, Education Code.
(d)
TRS may take corrective action against a public school
that fails to make the required contribution in accordance with the requirements
of this section, including but not limited to placement of a warrant hold
with the Comptroller of Public Accounts.
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 February 4, 2004.
TRD-200400731
Ronnie Jung
Interim Executive Director
Teacher Retirement System of Texas
Effective date: February 29, 2004
Proposal publication date: August 29, 2003
For further information, please call: (512) 542-6115
34 TAC §§41.15, 41.16, 41.18 - 41.20
The Teacher Retirement System of Texas (TRS) adopts amendments
to rules §41.15 relating to requirements to bid, §41.16 relating
to coverage offered, §41.18 relating to eligibility for the long-term
care program, §41.19 concerning initial enrollment periods, and §41.20
relating to effective date of coverage in the Long-Term Care Insurance Program
now recodified in chapters 1576 and 1577, Texas Insurance Code. The amendments
are adopted without changes to the text as published in the October 24, 2003
issue of the
Texas Register
(28 TexReg 9200)
and therefore will not be republished.
The amendments to §§41.15, 41.16, 41.18, and 41.19 provide the
correct references to the recodified Insurance Code provisions that establish
the program and clarify initial enrollment periods and the effective date
of coverage for eligible individuals. The former articles 3.50-4A were recodified
as chapters 1576 and 1577, respectively, effective June 1, 2003. The amendments
also add a subsection (c) to §41.18 that clarifies which applicants are
subject to underwriting approval. §41.19 is amended to clarify the initial
enrollment periods for persons eligible to participate in the program and §41.20
addresses the effective date of coverage for all of the categories of potentially
eligible individuals.
No comments on the proposals 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, Chapter 1576, §1576.006 and Insurance Code, Chapter 1577, §1577.002which
authorize TRS to adopt rules to implement the chapters.
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 February 4, 2004.
TRD-200400733
Ronnie Jung
Interim Executive Director
Teacher Retirement System of Texas
Effective date: February 24, 2004
Proposal publication date: October 24, 2003
For further information, please call: (512) 542-2115
Subchapter B. LONG-TERM CARE, DISABILITY AND LIFE INSURANCE
Subchapter C. TEXAS SCHOOL EMPLOYEES GROUP HEALTH (TRS-ACTIVECARE)