Texas Register
(27 TexReg 1951). The section defines
certain terms used in rules relating to the Program. The amendments are adopted
on an emergency basis pursuant to §2001.034 of the Government Code, which
allows a state agency to adopt emergency amendments if a requirement of state
or federal law requires adoption on less than 30 days notice.
In accordance with Insurance Code article 3.50-7, the amendments add or
clarify definitions of terms such as "dependent." These terms, in conjunction
with other TRS rules, provide notice to participating entities and their employees
of the requirements for eligibility in the Program.
This emergency adoption is necessary because TRS is required to comply
with timelines under House Bill 3343, 77th Legislature, including Insurance
Code article 3.50-7 and sections 5.01 through 5.07 of Acts 2001, 77th Leg.,
ch. 1187 including requirements in section 5.01 that TRS develop coverage
plans "with coverage beginning September 1, 2002." TRS finds that these requirements
of state law require the adoption of the new sections on fewer than 30 days
notice.
The amendments are adopted on an emergency basis 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
House Bill 3343, which was passed by the 77th Legislature, 2001, including
Insurance Code article 3.50-7, which authorizes TRS to adopt rules relating
to various matters including applicable definitions. Insurance Code article
3.50-7, §3(c) further authorizes TRS, as trustee, to "adopt rules relating
to the program as considered necessary by the trustee." As described above,
the amendments are also adopted under Government Code §2001.034.
There are no other codes affected.
§41.33. Definitions Applicable to the Texas School Employees Uniform Group Health Coverage Program.
The following words and terms when used in subchapter C or in connection
with the administration of Insurance Code §3.50-7 shall have the following
meanings unless the context clearly indicates otherwise.
(1)
Dependent -- All individuals described
by Insurance Code 3.50-7, section 2(3), including an unmarried child under
25 years of age ("child") who is described by any one of the following subsections
at all times during which the child is receiving coverage under the TRS-ActiveCare
Program.
(A)
A child under the legal guardianship of a full-time or
part-time employee;
(B)
A full-time or part-time employee's grandchild whose primary
residence is the household of that full-time or part-time employee if the
child is a dependent of the full-time or part-time employee for federal income
tax purposes; or
(C)
A child in a regular parent-child relationship with a full-time
or part-time employee, meaning that the child's primary residence is the household
of that full-time or part-time employee, that full-time or part-time employee
provides at least 50% of the child's support, neither of the child's natural
parents reside in that household, and that full-time or part-time employee
has the legal right to make decisions regarding the child's medical care.
(2)
[
(1)
] Full-time employee -- A participating
member who:
(A)
is currently employed by a participating entity;
(B)
is eligible for [
TRS
] membership
in the
Teacher Retirement System of Texas
based on current full-time service
as described by §25.1 of this title (relating to Full-Time Service),
or based on current employment as a bus driver as described by §25.2
of this title (relating to Bus Drivers); and
(C)
is not receiving coverage as an employee or retiree
from
[
of an institution that participates in
] a uniform group
insurance program under the Texas Employees Uniform Group Insurance Benefits
Act (Insurance Code article 3.50-2) or the Texas State College and University
Employees Uniform Group Insurance Benefits Act (Insurance Code article 3.50-3)
or the Texas Public School Employees Group Insurance Program established under
Insurance Code article 3.50-4 (TRS-Care).
(3)
[
(2)
] Participating entity -- An
entity participating in the TRS-ActiveCare program including a school district;
another educational district whose employees are members of the retirement
system; a regional education service center; and a charter school that meets
the requirements of Insurance Code article 3.50-7. An entity is considered
to be participating in the TRS-ActiveCare program on and after the first date
coverage becomes effective for its employees.
(4)
[
(3)
] Participating member -- A person
defined by Government Code §§822.001 and 822.002 whose membership
in the retirement system has not been terminated as described by Government
Code §§822.003 - 822.006 and who is currently contributing to the
Teacher Retirement System of Texas pension trust fund in accordance with Government
Code §825.403.
(5)
[
(4)
] Part-time employee -- An individual
who
is currently employed by a participating entity for 10 hours or more
each week; and:
(A)
is
not a full-time employee;
[
neither a
participating member nor a full-time employee;
]
(B)
is
not a retiree who waived coverage under the Texas
Public School Employees Group Insurance Program established under Insurance
Code article 3.50-4 (TRS-Care); and
[
currently employed by a participating
entity for 10 hours or more each week;and
]
(C)
is not receiving coverage as an employee or retiree
from
[
of an instituion that participating in
] a uniform group
insurance program under the Texas Employees Uniform Group Insurance Benefits
Act (Insurance Code article 3.50-2) or the Texas State College and University
Employees Uniform Group Insurance Benefits Act (Insurance Code article 3.50-3)
or the Texas Public School Employees Group Insurance Program established under
Insurance Code article 3.50-4 (TRS-Care).
(6)
Plan year -- A plan year begins on the
first day of September and ends on the last day of the following August.
(7)
[
(5)
] TRS-ActiveCare program -- The
Texas School Employees Uniform Group Health Coverage Program established by
Insurance Code article 3.50-7.
(8)
[
(6)
] Trustee or TRS -- The Teacher
Retirement System of Texas acting in its capacity as trustee under Insurance
Code article 3.50-7.
This agency hereby certifies that the emergency adoption
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 June 6, 2002.
TRD-200203503
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Effective Date: June 6, 2002
Expiration Date: July 24, 2002
For further information, please call: (512) 542-6115