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

    (B) If the member does not comply with subparagraph (A) of this subsection by the due date required, ERS will cancel all coverage not fully funded by the state contribution. If the state contribution is sufficient to cover the required insurance contribution for such coverage, the member will retain member-only health and basic life coverage. If the state contribution is not sufficient to cover the member-only coverage in the health plan selected, the member will be enrolled in the basic plan except as provided for in paragraph (2)(B) of this subsection.

  (2) An institution of higher education may contribute a portion or all of the insurance required contribution for its part-time employees described by §1551.101(e)(2) of the Act, if:

    (A) the institution of higher education pays the contribution with funds that are not appropriated from the general revenue fund;

    (B) the institution of higher education electing to pay the contribution for its part-time employees does so for all similarly situated eligible part-time employees; and

    (C) the contribution paid as provided in this paragraph is paid beginning on the first day of the month following the part-time employee's completion of any applicable waiting period.

  (3) A participant who continues GBP health, dental and vision coverage under COBRA as provided in §81.5(j) of this chapter must pay his/her monthly insurance contributions on the first day of each month covered.

    (A) A participant's monthly insurance required contribution is 102% of the monthly amount charged for other participants in the same coverage category and in the same plan. All insurance required contributions due for the election/enrollment period must be postmarked or received by ERS on or before the date indicated on the continuation of coverage enrollment form. Subsequent insurance required contributions are due on the first day of each month of the participant's coverage and must be postmarked or received by ERS within 30 days of the due date to avoid cancellation of coverage.

    (B) A participant's monthly insurance required contribution for continuing coverage as provided in §81.5(j)(3) of this chapter is increased after the 18th month of coverage to 150% of the monthly amount charged for other participants in the same coverage category and in the same plan. The participant's monthly insurance required contribution is due on the first day of each month covered, and must be postmarked or received by ERS within 30 days of the due date.

  (4) The full cost for GBP health, dental and vision coverage is required to be paid for a member's unmarried child who is over 26 years of age, whose coverage under COBRA expired, and who has reinstated coverage in the GBP pursuant to §1551.158 of the Act. No state contribution is paid for this coverage.

  (5) Survivors of a paid law enforcement officer employed by the state or a custodial employee of the institutional division of the Texas Department of Criminal Justice who suffers a death in the line of duty as provided by Chapter 615, Government Code, are eligible for GBP coverage as provided in subparagraphs (A) - (C) of this paragraph.

    (A) The insurance required contribution due under this paragraph for a surviving spouse's GBP coverage is the same amount as a member-only contribution. The state contribution applicable to member-only coverage is applied to the surviving spouse's contribution for the coverage.

    (B) The insurance required contribution due under this paragraph for GBP coverage for a surviving spouse with dependent children is the same amount as the member-with-children contribution. The state contribution applicable to member-with-children coverage is applied to the contribution of the surviving spouse with dependent children for the coverage.

    (C) The insurance required contribution due under this paragraph for a surviving dependent child's GBP coverage, when there is no surviving spouse, is the same amount as member-only contribution. The state contribution applicable to member-only coverage is applied to the surviving dependent child's contribution for the coverage.

    (D) The surviving spouse or surviving dependent child must timely pay his/her insurance required contributions for the GBP coverage. The survivor's contribution must be either deducted by ERS from the survivor's annuity payment, if any, or submitted to ERS via direct payment. Any applicable state contribution will be paid directly to ERS by the employer that employed the deceased law enforcement officer or custodial employee.

  (6) If a retiree whose eligibility for health insurance is based on §§1551.102(i), 1551.111(e) or 1551.112(c) of the Act, obtains interim health insurance as provided in §1551.323 of the Act, the retiree must pay the total contribution for such coverage for as long as the retiree wants the coverage or until the first day of the month following the retiree's 65th birthday. The amount of contribution shall be determined by the Board of Trustees based on an actuarial determination, as recommended by ERS' consulting actuary for insurance, of the estimated total claims costs for individuals eligible for such coverage. If a retiree who is eligible for coverage under this paragraph is also eligible for COBRA coverage, then COBRA coverage should be exhausted, if possible, before applying for the coverage under this paragraph.

  (7) A member's surviving spouse or surviving dependent who is receiving an annuity shall authorize deductions for insurance required contributions from the annuity as provided in paragraph (1) of this subsection. A member's surviving spouse or surviving dependent who is not receiving an annuity may make payments as provided in paragraph (1)(A) of this subsection.

(i) The amount of state contribution for certain retirees is determined in accordance with §1551.3196 of the Act.

  (1) An individual is grandfathered at the time of retirement and not subject to §1551.3196 of the Act, if on or before September 1, 2014, the individual has served in one or more positions for at least five years for which the individual was eligible to participate in the GBP as an employee.

  (2) Records of ERS shall be used to determine whether or not an individual meets the grandfathering requirements specified in paragraph (1) of this subsection. ERS may, in its sole discretion, require an individual to provide additional documentation satisfactory to ERS that the individual meets the grandfathering requirements specified in paragraph (1) of this subsection.

(j) Tobacco User Premium Differential.

  (1) Assessment. Pursuant to §1551.3075 of the Act, ERS shall assess a monthly tobacco user premium differential, in an amount determined by the Board of Trustees or as set in the General Appropriations Act, for participants enrolled in GBP health coverage who are certified as tobacco users or are age eighteen or older at the start of the current plan year and whose tobacco-use status has not been certified. ERS shall assess a single premium differential for each GBP member who is a tobacco user, a single premium differential for the member's dependent spouse who is a tobacco user, and a single premium differential for one or more of the member's dependent children who are tobacco users. A participant will not be subject to a premium differential assessment if the participant has been certified not to be a tobacco user or ERS has approved the participant for a one-year waiver under the Choose to Quit program.

  (2) Payment. The GBP member responsible for paying a tobacco user's insurance required contribution shall pay any assessed premium differential for the member and the member's dependents.

  (3) Certification of Tobacco-Use Status. Each GBP member with GBP health coverage must certify the tobacco-use status of the member and the member's enrolled dependents.

    (A) If participants certify that they are not a tobacco user, ERS shall not assess the premium differential.

    (B) ERS shall assess the premium differential monthly for any participant age eighteen or older at the start of the current plan year whose tobacco-use status has not been certified.

  (4) Choose to Quit Wellness Program. ERS may approve a one-year waiver for a participant who completes the Choose to Quit program for that plan year.

    (A) The participant must complete all of the following steps to have the premium differential waived:

      (i) participate in an office visit with a licensed physician to receive tobacco counseling and establish a tobacco cessation course of treatment under that physician's recommendation and supervision;

      (ii) complete the course of treatment, which may or may not result in cessation of tobacco use;

      (iii) participate in an office visit with the licensed physician following completion of treatment and obtain the physician's signature and the date of signature on the Choose to Quit certification form; and

Cont'd...

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