TITLE 34.PUBLIC FINANCE

Part 3. TEACHER RETIREMENT SYSTEM OF TEXAS

Chapter 41. HEALTH CARE AND INSURANCE PROGRAMS

Subchapter C. TEXAS SCHOOL EMPLOYEES GROUP HEALTH (TRS-ACTIVECARE)

34 TAC §41.30

The Teacher Retirement System of Texas (TRS) adopts amendments to §41.30 concerning participation in the Texas School Employees Uniform Group Health Coverage Program ("TRS-ActiveCare") by school districts, other educational districts, charter schools, and regional education service centers. The amendments relate to which entities are required to or are eligible to participate in TRS-ActiveCare and when those entities begin their participation in the program. The amendments are adopted without change to the text as published in the April 18, 2003 issue of the Texas Register (28 TexReg 3214) and therefore the text will not be republished.

The amendments to §41.30 improve administrative efficiency and make technical revisions. Additionally, the amendments extend deadlines for certain entities to elect to participate in TRS-Active-Care under certain circumstances. The amendments allow certain larger school districts to elect to participate in TRS-ActiveCare under certain circumstances. Moreover, the amendments provide certain entities that elected not to participate in the program with the opportunity to change that election if certain criteria are met.

No comments on the proposal were received.

The amendments are adopted 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 to administer the Program. 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."

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 29, 2003.

Charles L. Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 18, 2003

Proposal publication date: April 18, 2003

For further information, please call: (512) 542-6115

34 TAC §41.36, §41.37

The Teacher Retirement System of Texas (TRS) adopts amendments to §41.36 concerning enrollment periods and §41.37 concerning effective date of coverage, both which relate to the Texas School Employees Uniform Group Health Coverage Program ("TRS-ActiveCare"). In accordance with Insurance Code article 3.50-7, the amendments set forth enrollment timelines and the effective dates of coverage for TRS-ActiveCare participants. The amendments are adopted without change to the text as published in the March 7, 2003 issue of the Texas Register (28 TexReg 2044) and therefore the text will not be republished.

The amendments to §41.36 change the initial enrollment period for employees whose employer is becoming a participating entity in TRS-ActiveCare for the first time and clarify the enrollment period for employees who work for a participating entity who become employed in an eligible position for the first time. The amendment to §41.37 makes a corresponding change to the effective date of coverage for eligible full-time and part-time employees whose employer becomes a participating entity in TRS-ActiveCare for the first time.

No comments on the proposals were received.

The amendments are adopted 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 to administer the Program. 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."

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 29, 2003.

Charles L. Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 18, 2003

Proposal publication date: March 7, 2003

For further information, please call: (512) 542-6115

34 TAC §41.45

The Teacher Retirement System of Texas (TRS) adopts new §41.45 concerning required information from school districts with more than 1,000 employees in the Texas School Employees Uniform Group Health Coverage Program ("TRS-ActiveCare"). The new rule requires large school districts, those with over 1,000 employees during the 2001 school year, that desire to participate in TRS-ActiveCare to submit information to TRS regarding the health plans that the school districts offered their employees for the past two complete plan years, as well as the current plan year to date. The new rule is adopted without changes to the text as published in the April 18, 2003 issue of the Texas Register (28 TexReg 3216) and therefore the text will not be republished.

Section 41.45 requires that school districts with over 1,000 employees who wish to participate in TRS-ActiveCare provide aggregate information on their health plans so that TRS-ActiveCare can use that information in setting rates prospectively. The new rule sets forth the information that is required and provides that TRS may specify the format in which the school district must submit the information. The school districts must provide this information upon electing to participate in TRS-ActiveCare or within a certain timeframe after receiving notice from TRS. If the school district uses a third-party administrator to administer its health plan and that administrator cannot legally provide the information to the school district, the school district can submit a letter to that effect from the third-party administrator in lieu of the required information. The section permits TRS to delay a school district's effective date of participation in TRS-ActiveCare if the district does not submit the required information timely.

No comments on the proposal were received.

The section is adopted 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 section is 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 to administer the Program. 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."

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 29, 2003.

Charles L. Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 18, 2003

Proposal publication date: April 18, 2003

For further information, please call: (512) 542-6115