EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the code. [Brackets] indicate deletion of existing material within a section. TITLE 34. PUBLIC FINANCE PART III. Teacher Retirement System of Texas CHAPTER 41.Insurance 34 TAC sec.41.13 The Teacher Retirement System of Texas (TRS) adopts on an emergency basis an amendment to sec.41.13 regarding participation in the Texas Public School Employees Group Insurance Program by public school districts. The amendment will allow a school district which has met all other requirements for participation in the program, except that the district failed to elect to participate on September 1, 1997, to begin participation in TRS-Care effective September 1, 1998. The effect of the amendment will be to allow one school district that has met all other participation requirements in law and applicable rules to cover its employees under the Program beginning September 1, 1998. The amendment removes a requirement that would otherwise effectively expire on August 31, 1999. This emergency adoption is necessary because of the imminent peril to the public health presented by the district's loss of group health coverage. Also, state law requires the district to make group health coverage available to its employees (Education Code, sec.22.004). The amendment is adopted under the Government Code, Chapter 825, sec.825.102, which authorizes the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system. In addition, sec.sec.5 and 7A of Article 3.50-4 of the Insurance Code specifically allow the Board of Trustees to adopt rules needed to implement the insurance program and to determine the eligibility requirements for participation by a school district. The Insurance Code, Article 3.50-4 is affected by this emergency adoption. sec.41.13. Participation in the Texas Public School Employees Group Insurance Program by Public School Districts. (a)-(c) (No change.) [(d) Nonparticipation by a school district. An eligible school district which has elected not to participate in the program for the plan year starting on September 1, 1997, will be ineligible to participate in the program until September 1, 1999.] Filed with the Office of the Secretary of State, on July 27, 1998. TRD-9811848 Charles Dunlap Executive Director Teacher Retirement System of Texas Effective date: July 27, 1998 Expiration date: November 24, 1998 For further information, please call: (512) 391-2115