TITLE public-finance

Part III. Teacher Retirement System of Texas

Chapter 29. Benefits

Retirement

34 TAC §29.21

The Teacher Retirement System of Texas (TRS) proposes a new §29.21 concerning tables to figure life expectancy needed to administer a new law found at §824.1012 of the Government Code. The new law allows a retiree receiving a benefit with a life-time payment available to beneficiary, to change the named beneficiary under certain circumstances. When a retiree selects a new beneficiary under an Option 1, 2, or 5 (life-time benefits for the beneficiary), the system must know what life expectancy to use. The benefit will be paid for the shorter of the remainder of the life expectancy of the beneficiary designated as of the effective date of the retiree's retirement or the remainder of the new beneficiary's life. These tables supply that needed information.

Ronnie Jung, TRS Chief Financial Officer, has determined that for the first five-year period the section is in effect, there will be no fiscal implications for state and local government as a result of enforcing or administering the new rule.

Mr. Jung also has determined that for each year of the first five years the new rule is in effect that the public benefit anticipated from the section is that the TRS will have the needed tables to administer the new law. There will be no effect on small business. There is no anticipated economic cost to persons who are required to comply with the proposed section. While there will be an economic impact on the old and new beneficiary, those costs were considered and are built into the law.

Comments on the proposal must be submitted in writing to: Charles L. Dunlap, Executive Director, Teacher Retirement System, 1000 Red River, Austin, Texas 78701-2698, within 30 days of publication in the Texas Register .

The new rule is proposed under the Government Code, Chapter 825, § 825.102, which provides the Board of Trustees of the Teacher Retirement System with the authority to adopt rules for the administration of the funds of the retirement system. In addition. §824.1012 of the Government Code allows the changes in beneficiary designations which this rule addresses.

Government Code, §824.1012 is affected by this proposed action.

§29.21. Beneficiary Tables.

Tables for Unisex Joint Beneficiary Life furnished by Watson Wyatt Worldwide, Consulting Actuaries, will be used in calculating a life expectancy under Section 824.1012 of the Government Code. A fraction of a year shall be converted to whole months with any partial month being rounded upward to a full month. Life expectancy shall be determined as of the date of the retirement in question and the age of the original beneficiary at that time. The Teacher Retirement System of Texas adopts Watson Wyatt Worldwide's August 1997 Tables for Unisex Joint Beneficiary Life.

Figure 1: 34 TAC §29.21

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on January 12, 1998.

TRD-9800412

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Proposed possible date of adoption: February 27, 1998

For further information, please call: (512) 370-0592


Chapter 41. Insurance

34 TAC §41.12

The Teacher Retirement System of Texas (TRS) proposes amendments to §41.12 concerning the certification process with public schools for TRS Insurance. New law passed by the 75th Legislature found at §22.004 of the Education Code requires rules with the information outlined in the amended language. It is a requirement for each school district to provide the information outlined in the amended section. There is also a new date for submission outlined in the law as well as a new reference to the pertinent law.

Ronnie Jung, TRS Chief Financial Officer, has determined that for the first five-year period the section is in effect, there will be no fiscal implications for state and local government as a result of enforcing or administering the section.

Mr. Jung also has determined that for each year of the first five years the section is in effect that the public benefit anticipated from the section is that more relevant data will be submitted to TRS for the determination of comparability. There will be no effect on small business. There may be a economic cost to persons who are required to comply with the proposed section.

Comments on the proposal must be submitted in writing to: Charles L. Dunlap, Executive Director, Teacher Retirement System, 1000 Red River, Austin, Texas 78701-2698, within 30 days of publication in the Texas Register .

The amendments are proposed under the Government Code, Chapter 825, §825.102, which provides the Board of Trustees of the Teacher Retirement System with the authority to adopt rules for the administration of the funds of the retirement system. In addition, the Education Code, §22.004 provides the requirements on the substance of the rule and on submitting the certification.

Education Code,§22.004, is affected by this proposed action.

§41.12. Certification of Insurance Coverage

(a)

The Executive Director of TRS shall determine the comparability of a school district's group health coverage to the coverage provided under the Texas Employees Uniform Group Insurance Benefits Act (Texas Insurance Code, Article 3.50-2). In making that decision the following factors shall be considered:

(1)

the deductible amount for service provided inside and outside of the network;

(2)

the coinsurance percentages for service provided inside and outside of the network;

(3)

the maximum amount of coinsurance payments a covered person is required to pay;

(4)

the amount of the copayment for an office visit;

(5)

the schedule of benefits and the scope of coverage;

(6)

the lifetime maximum benefit amount; and

(7)

verification that the coverage is issued by a provider licensed to do business in this state by the Texas Department of Insurance or is provided by a risk pool authorized under Chapter 172, Local Government Code, or that a district is capable of covering the assumed liabilities in the case of coverage provided through district self-insurance.

(b)

For the purposes of this decision, comparable means similar, but not identical.

(c)

TRS staff, under the direction of the executive director, will develop a methodology and criteria for comparison determination.

(d)

[ (a) ] Each public school district shall report [ certify ] the districts compliance with the Education Code, § 22.004(c) [ 13.913(a) ], to the executive director of the Teacher Retirement System of Texas by November [ February ] 1 of each school year. The report must reflect the district group health coverage plan in effect on November 1 and must include all information required by statute and any additional information requested by TRS staff to complete the certification.

[ (b)

The executive director may establish the necessary procedures to be followed in certifying compliance. The certification must include a copy of the district's current contract for group health coverage. The certification procedures may require the district to compare its plan to specific features of the coverage provided under the Texas Employees Uniform Group Insurance Benefits Act (Vernon's Texas Insurance Code, Article 3.50-2). ]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on January 12, 1998.

TRD-9800413

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Proposed date of adoption: February 27, 1998

For further information, please call: (512) 370-0592


Chapter 51. General Administration

34 TAC §51.1

The Teacher Retirement System of Texas (TRS) proposes amendments to §51.1 concerning the term and make-up of some Advisory and Auxiliary Committees of TRS. The new language sets an expiration of the committees at the same time that TRS completes the next sunset review. In addition, the new language eliminates an Investment Advisory Committee and a Real Estate Finance Committee. These committees are no longer needed, nor do they exist for TRS purposes. Finally, the word "Retired" is eliminated from the Group Insurance Program as it was eliminated in the law.

Ronnie Jung, TRS Chief Financial Officer, has determined that for the first five-year period the section is in effect, there will be no fiscal implications for state and local government as a result of enforcing or administering the amendments.

Mr. Jung also has determined that for each year of the first five years the section is in effect that the public benefit anticipated from the section is that the TRS Medical Board and Retirees Advisory Committee will continue to exist and function as needed by TRS. There will be no effect on small business. There is no anticipated economic cost to persons who are required to comply with the proposed section.

Comments on the proposal must be submitted in writing to: Charles L. Dunlap, Executive Director, Teacher Retirement System, 1000 Red River, Austin, Texas 78701-2698, within 30 days of publication in the Texas Register .

The amendments are proposed under the Government Code, Chapter 825, § 825.102, which provides the Board of Trustees of the Teacher Retirement System with the authority to adopt rules for the administration of the funds of the retirement system. In addition, §825.114 of the Government Code allows TRS to create any advisory committee considered necessary. The TRS Medical Board is created under §825.204 of the Government Code. The Retirees Advisory Committee is created under Art.3.50-4, §6 of the Insurance Code. A credentialing committee is authorized under §18 of the Insurance Code.

Government Code, §§825.114 and 825.204, and Insurance Code, Art. 3.50-4 are affected by this proposed action.

§51.1. Advisory and Auxiliary Committees

(a)

The following committees are created for a period which will expire at the end of sunset review for TRS which is September 1, 2007, unless continued by the outcome of the sunset process, [ an indefinite period ] to advise or otherwise serve the retirement system and are deemed necessary to assist the Board of Trustees in performing its duties:

(1)

a Medical Board, composed of three licensed [ board ] physicians as provided by Government Code, Section 825.204;

[ (2)

an Investment Advisory Committee composed of private sector investment professionals in accordance with the retirement system's investment policies;

[ (3)

a Real Estate Finance Committee composed of investment professionals as provided by the retirement system's investment policies;]

(2)

[ (4) ] a Retirees Advisory Committee for the Texas Public School [ Retired ] Employees Group Insurance Program, composed as provided by the Insurance Code, Art. 3.50-4, Section 6;

(3)

[ (5) ] regional credentialing committees composed of health care practitioners as provided by the retirement system's health care network policies; and

(4)

[ (6) ] a Medical Advisory Committee composed of health care practitioners and administrators as provided by the retirement system's health care network policies.

(b)

(No change.)

(c)

[ Except for such retirement system personnel as may serve ex officio on such committees, the ] The members of the Medical Board[ , Investment Advisory Committee, and Real Estate Finance Committee ]shall be paid, as independent contractors' , fees and expenses in accordance with contracts negotiated by the executive director or his designee subject to the applicable resolutions, policies, and annual budget adopted by the Board of Trustees. The members of the credentialing committees and the Medical Advisory Committee may be paid fees and expenses in accordance with contracts negotiated by the executive director or his designee subject to the applicable resolutions, policies, and annual budget adopted by the Board of Trustees. To the extent advisory committees are composed of independent contractors they are to be considered consultants employed by the retirement system under the authority recognized by the Government Code, §2254.024.

(d)

Members of the Retirees Advisory Committee for the Texas Public School [ Retired ] Employees Group Insurance Program are entitled only to reimbursement for actual and reasonable expenses incurred in performing functions as members of the committee.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on January 12, 1998.

TRD-9800414

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Proposed date of adoption: February 27, 1998

For further information, please call: (512) 370-0592