TITLE 34.PUBLIC FINANCE

Part 3. TEACHER RETIREMENT SYSTEM OF TEXAS

Chapter 41. INSURANCE PROGRAMS

Subchapter B. LONG-TERM CARE, DISABILITY AND LIFE INSURANCE

34 TAC §§41.17 - 41.20

The Teacher Retirement System of Texas (TRS) adopts new §§41.17 - 41.20 concerning insurance coverage under the Texas Public School Employees and Retirees Group Long-Term Care Insurance Program. Section 41.19 is adopted with one non-substantive change to the proposed text as published in the June 23, 2000, issue of the Texas Register (25 TexReg 6084). Sections 41.17, 41.18, and 41.20 are adopted with no changes to the proposed text published in the June 23, 2000, issue of the Texas Register (25 TexReg 6084) and therefore the text will not be republished.

The reason for adopting the new rules is to set forth eligibility criteria, enrollment timelines, and coverage timelines for the long-term care insurance program. The non-substantive change in §41.19(b) amends the term "Eligible Family Members" to appear in all lower-case letters, consistent with the way it appears elsewhere in the new rules. The rules will provide guidelines and timelines for eligibility, enrollment, and coverage to participating members, eligible retirees, and their eligible family members.

No comments were received regarding the proposal.

The new rules are adopted under the Insurance Code Art. 3.50-4A, which gives TRS authority to adopt rules as necessary to implement and administer the Texas Public School Employees Group Long-Term Care Insurance Program. In addition, the rule is adopted under Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the transaction of business of the Board.

§41.19.Enrollment Periods for Texas Public School Employees and Retirees Group Long-Term Care Insurance Program.

(a)

The initial enrollment period for eligible participating members and their eligible family members to participate in the long-term care insurance program shall begin on August 1, 2000 and end at 11:59 p.m. Central Time November 30, 2000.

(b)

The initial enrollment period for eligible Texas public school retirees and their eligible family members to participate in the long-term care insurance program shall begin on July 3, 2000 and end at 11:59 p.m. Central Time September 30, 2000.

(c)

In accordance with Insurance Code, Article3.50-4A, the trustee has authority to declare periodic open enrollment and the rules and conditions for such open enrollment periods.

(d)

The standard enrollment period for newly hired eligible participating members and their eligible family members to participate in the long-term care insurance program shall begin on the effective date of employment and end at 11:59 p.m. Central Time on the 30th day after the effective date of employment.

(e)

The standard enrollment period for eligible current Texas public school employees who are covered under their employer-sponsored group long-term care plan will begin on the date such plan is terminated by their employer and end at 11:59 p.m. Central Time on the 30th day after the termination date of such plan.

(f)

The standard enrollment period for surviving spouses of eligible participating members and surviving spouses of eligible retirees to participate in the long-term care insurance program shall begin on the first day after the eligible employee or retiree dies and end at 11:59 p.m. central time on the 30th day after the end of the month in which the eligible participating member or retiree dies.

(g)

The standard enrollment period for new spouses and parents of new spouses shall begin on the date of the eligible participating member's or retiree's marriage and end at 11:59 p.m. Central Time on the 30th day after marriage.

(h)

If an eligible individual described in subsection (d), (e), (f) or (g) of this section is permitted to enroll under two or more of the provisions of this section, the individual may enroll during the timeframe of either enrollment period.

(i)

An individual's status as an eligible retiree, eligible participating member or eligible family member shall be determined as of the date a complete enrollment application is received by the carrier.

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 August 7, 2000.

TRD-200005498

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: August 27, 2000

Proposal publication date: June 23, 2000

For further information, please call: (512) 391-2115