Texas Administrative Code

Texas Administrative Code

TITLE 34	PUBLIC FINANCE
PART 4	EMPLOYEES RETIREMENT SYSTEM OF TEXAS
CHAPTER 81	INSURANCE
RULE §81.7	Enrollment and Participation

(iv) sign and submit the Choose to Quit certification form to ERS.

(B) The Choose to Quit certification form must be signed by the physician during the plan year for which the waiver is requested and postmarked within thirty calendar days of the physician's signature date to be effective for that plan year.

(C) Once processed and approved by ERS, the participant's premium differential will be waived for the remainder of the plan year and any premium differential previously paid for that plan year will be refunded.

(D) A member with more than one dependent child certified as a tobacco user will not receive a refund of the premium differential paid for dependent children unless all dependent children certified as tobacco users complete the steps set forth in paragraph (4)(A) of this section.

(E) At the beginning of each plan year, ERS shall reinstate the monthly assessment of the premium differential for the participant unless the participant has been separately certified not to be a tobacco user.

(5) Sanctions. If any participant fails to accurately certify any participant's use of a tobacco product or submits false information to ERS regarding a participant's use of a tobacco product, ERS may impose one or more of the sanctions described in §1551.351(b) of the Act.

Source Note: The provisions of this §81.7 adopted to be effective September 1, 1985, 10 TexReg 2321; amended to be effective November 1, 1985, 10 TexReg 3850; amended to be effective September 1, 1986, 11 TexReg 3864; amended to be effective October 14, 1986, 11 TexReg 4115; amended to be effective October 28, 1986, 11 TexReg 4576; amended to be effective December 19, 1986, 11 TexReg 5138; amended to be effective January 9, 1987, 11 TexReg 5136; amended to be effective November 1, 1987, 12 TexReg 3480; amended to be effective December 13, 1988, 13 TexReg 5973; amended to be effective March 28, 1989, 14 TexReg 1371; amended to be effective August 24, 1989, 14 TexReg 3988; amended to be effectiveSeptember 29, 1989, 14 TexReg 4786; amended to be effective November 23, 1989, 14 TexReg 5935; amended to be effective May 25, 1990, 15 TexReg 2687; amended to be effective August 21, 1990, 15 TexReg 4504; amended to be effective November 28, 1990, 15 TexReg 6500; amended to be effective July 18, 1991, 16 TexReg 3777; amended to be effective October 29, 1991, 16 TexReg 5847; amended to be effective May 19, 1992, 17 TexReg 3252; amended to be effective September 2, 1993, 18 TexReg 5594; amended to be effective February 21, 1994, 19 TexReg 806; amended to be effective January 25, 1995, 20 TexReg 151; amended to be effective July 3, 1995, 20 TexReg 4409; amended to be effective September 6, 1996, 21 TexReg 8182; amended to be effective February 16, 1998, 23 TexReg 1099; amended to be effective September 16, 1999, 24 TexReg 7276; amended to be effective March 26, 2000, 25 TexReg 2400;amended to be effective July 10, 2000, 25 TexReg 6557; amended to be effective September 13, 2001, 26 TexReg 6954; amended to be effective January 8, 2002, 27 TexReg 274; amended to be effective July 17, 2003, 28 TexReg 5538; amended to be effective December 31, 2003, 28 TexReg 11612; amended to be effective June 29, 2004, 29 TexReg 6120; amended to be effective May 3, 2006, 31 TexReg 3588; amended to be effective June 5, 2008, 33 TexReg 4332; amended to be effective March 15, 2010, 35 TexReg 2202; amended to be effective December 30, 2010, 35 TexReg 11707; amended to be effective December 22, 2011, 36 TexReg 8574; amended to be effective December 26, 2013, 38 TexReg 9374; amended to be effective September 5, 2016, 41 TexReg 6754; amended to be effective September 18, 2018, 43 TexReg 5987; amended to be effective September 8, 2020, 45 TexReg 6239