TITLE 34.PUBLIC FINANCE

Part 3. TEACHER RETIREMENT SYSTEM OF TEXAS

Chapter 41. HEALTH CARE AND INSURANCE PROGRAMS

Subchapter A. RETIREE HEALTH CARE BENEFITS (TRS-CARE)

34 TAC §41.10

The Board of Trustees ("Board") of the Teacher Retirement System of Texas ("TRS") adopts amendments to §41.10 relating to eligibility to enroll in the health benefits program (TRS-Care) under the Texas Public School Retired Employees Group Benefits Act. The amended section is adopted without changes to the text of the proposed rule as published in the April 7, 2006, issue of the Texas Register (31 TexReg 3013).

The adopted amendments correct a clerical error in the inadvertent omission of paragraphs (1) through (6) under subsection (b) of §41.10 from the Texas Administrative Code . The restored paragraphs specify the types of service credit that service retirees who retired before September 1, 2004 can use to qualify for enrollment eligibility in TRS-Care. In December 2005, the Board adopted substantive amendments to §41.10 that became effective February 9, 2006. Those earlier adopted amendments did not change subsection (b) of §41.10 or any of the inadvertently omitted paragraphs under that subsection. As reflected in the Board's December 2005 order adopting the earlier amendments, the Board did not intend to delete the paragraphs now ministerially restored for publication of the correct rule in the Texas Administrative Code .

TRS received no public comments regarding the proposed amendments.

Statutory Authority: §1575.052, Insurance Code, which authorizes the Board to adopt rules it considers necessary to implement and administer the TRS-Care program.

Cross-reference to Statute: Chapter 1575, Insurance Code, which provides for the establishment and administration of the retirees' health benefits program (TRS-Care) and §38 of SB 1691, which amends §1575.004, Insurance Code, relating to the definition of a retiree.

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 May 8, 2006.

TRD-200602524

Ronnie G. Jung

Executive Director

Teacher Retirement System of Texas

Effective date: May 28, 2006

Proposal publication date: April 7, 2006

For further information, please call: (512) 542-6438