(28) LWOP (Leave without pay)--The leave status of
an employee who is certified by his/her employer to be absent from
active duty for an entire calendar month, who does not receive any
compensation for time absent from active duty, and who has not received
a refund of retirement contributions based upon the most recent term
of employment.
(29) Medicare Advantage Plan--A plan, approved by the
Board of Trustees, that provides health coverage for participants
who are eligible for Medicare-primary coverage. The plan is administered
as a Medicare Advantage Plan as permitted by CMS through:
(A) a health maintenance organization; or
(B) any other plan, organization, carrier or administering
firm approved by the Board of Trustees to provide the coverage.
(30) Medicare-eligible--The status of a participant
who is eligible for primary coverage under Medicare Part A and/or
Part B. Eligibility may extend to a dependent that is qualified to
receive Medicare benefits as his/her primary coverage as permitted
by CMS.
(31) Member--For purposes of this chapter only regarding
insurance plan participation in the GBP, a member is a participant
who is an employee, retiree, or other person eligible to participate
in the GBP as provided under the Act and who is not a dependent.
(32) Minimum retiree optional life--A standard $10,000
term life insurance policy whose insurance required contribution is
set solely on the basis of the benefit rather than on the retiree's
age. It is available for retirees at any time during their retirement.
If a retiree does not have life insurance, the retiree may apply for
this coverage with evidence of insurability. If the retiree has Election
1 or Election 2 optional life, the retiree may elect to reduce the
life coverage to this coverage by requesting the change without an
application or evidence of insurability.
(33) Optional Coverage--Coverage established by the
Board of Trustees in the GBP and as set forth in §81.7(c)(1)(A)
- (K).
(34) ORP--The Optional Retirement Program as provided
in the Government Code, Chapter 830.
(35) Participant--An employee, annuitant, or dependent,
as defined in the Act, a surviving spouse or child of a deceased member,
or any other person eligible for coverage under the Act and enrolled
in any coverage offered under the GBP.
(36) Placement for adoption--The legal status of a
child under which a person assumes and retains the legal obligation
for total or partial support of the child in anticipation of the person's
adoption of such child.
(37) Preexisting condition--Any injury or medical condition
for which a participant received medical treatment or services, or
was prescribed drugs or medicines during the three-month period immediately
prior to the effective date of such coverage. However, if the evidence
of insurability requirements set forth in §81.7(d) of this chapter
must first be satisfied, the three-month period for purposes of determining
the preexisting conditions exclusion will be the three-month period
immediately preceding the date of the employee's completed application
for coverage.
(38) Premium conversion plan--A separate plan, under
the Internal Revenue Code, §79 and §106, adopted by the
Board of Trustees and designed to provide premium conversion as described
in §81.7(b) of this chapter.
(39) Retiree--An employee who retires or is retired
and who:
(A) is authorized by the Act to participate in the
GBP as an annuitant;
(B) on August 31, 1992, was a participant in a group
insurance program administered by an institution of higher education;
or
(C) on the date of retirement, meets the service credit
requirements of the Act for participation in the GBP as an annuitant;
and
(i) on August 31, 2001, was an eligible employee with
an employer whose employees are authorized to participate in the GBP
and, on the date of retirement has three years of service with such
an employer;
(ii) on August 31, 2001, had three years of service
as an eligible employee with an employer whose employees are authorized
to participate in the GBP; or
(iii) is determined by ERS to be eligible as described
by §1551.102 and §1551.114 of the Act.
(40) Salary--The amount of compensation, which includes
the employee's regular salary, longevity, shift differential, hazardous
duty pay, and benefit replacement pay, received by an employee as
of the employee's first day of active duty and as of September 1,
for an existing or rehired employee. This amount is used for determining
optional term life and disability income limitations. Non-salaried
appointed officials, state-wide elected officials and members of the
Legislature may use the salary of a state district judge or their
actual salary as of September 1 of each year for determining their
optional term life. For members of the Legislature, disability income
limitations will be based on their actual monthly salary.
(41) Tobacco product--All types of tobacco, including,
but not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco,
snuff, and dip; and all electronic cigarettes and vaping products.
(42) Tobacco user--A participant who has used a tobacco
product or tobacco products five or more times during the preceding
three months.
(43) TRS--The Teacher Retirement System of Texas.
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Source Note: The provisions of this §81.1 adopted to be effective September 1, 1985, 10 TexReg 2321; amended to be effective October 14, 1986, 11 TexReg 4114; amended to be effective December 13, 1988, 13 TexReg 5972; amended to be effective July 18, 1991, 16 TexReg 3777; amended to be effective August 19, 1991, 16 TexReg 4285; 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 September 6, 1996, 21 TexReg 8182; amended to be effective February 16, 1998, 23 TexReg 1099; amended to be effective September 16, 1999, 24TexReg 7276; amended to be effective March 26, 2000, 25 TexReg 2400; amended to be effective September 13, 2001, 26 TexReg 6954; amended to be effective September 11, 2003, 28 TexReg 7780; 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 March 27, 2018, 43 TexReg 1876; amended to be effective September 8, 2020, 45 TexReg 6239 |