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TITLE 34PUBLIC FINANCE
PART 4EMPLOYEES RETIREMENT SYSTEM OF TEXAS
CHAPTER 81INSURANCE
RULE §81.5Eligibility

(a) Employees.

  (1) Full-time Employees. Eligibility for GBP health coverage for full-time employees begins on the first day of the calendar month following the employee's completion of the health insurance waiting period. If the employee described in paragraphs (A) or (B) does not enroll in GBP health coverage on or before becoming eligible, he/she will automatically be enrolled in HealthSelect of Texas upon becoming eligible.

    (A) A full-time employee of an employer other than an institution of higher education with existing, current, and continuous GBP health coverage as of the date the employee begins active duty or the elected or appointed officer is qualified for and begins to hold office, is eligible for GBP health coverage under this subsection without a waiting period provided there has been no break in coverage in the GBP.

    (B) A full-time employee of an institution of higher education is eligible for GBP health coverage on the first day that an employee performs services as an employee of an institution of higher education only if:

      (i) the full amount of insurance required contributions are paid for the employee's coverage from the first date of employment through the completion of the health insurance waiting period;

      (ii) any insurance required contributions paid as provided in clause (i) of this subparagraph shall not be paid using money appropriated from the general revenue fund; and

      (iii) any institution of higher education electing to pay the insurance required contribution for any employee as described in this subparagraph must do so for all eligible similarly situated full-time employees.

  (2) Part-time employees.

    (A) A part-time employee or other employee of an employer other than an institution of higher education who is not eligible for automatic coverage becomes eligible for GBP health coverage upon completion of the health insurance waiting period and upon application to participate in the GBP, subject to the provisions of §81.7(a)(2) of this chapter (relating to Enrollment and Participation). A rehired part-time employee of the state of Texas, including a new part-time employee, each with existing, current, and continuous GBP health coverage as of the date the employee begins active duty or is qualified for and begins to hold office, who is not eligible for automatic coverage is eligible for coverage without a waiting period provided there has been no break in coverage.

    (B) A part-time employee of an institution of higher education is eligible for GBP health coverage on the first day that a part-time employee performs services as a part-time employee of an institution of higher education only if:

      (i) the full amount of insurance required contributions are paid for the part-time employee's coverage from the first date of employment through the completion of the health insurance waiting period;

      (ii) any insurance required contributions paid as provided in clause (i) of this subparagraph shall not be paid using money appropriated from the general revenue fund; and

      (iii) any institution of higher education electing to pay any portion of the insurance required contribution for any part-time employee as described in this subparagraph or in §1551.101(e)(2) of the Act, must do so for all eligible similarly situated part-time employees.

    (C) An institution of higher education is also not prohibited from contributing a portion or all of the insurance required contribution for certain part-time employees described by §1551.101(e)(2) of the Act, only if:

      (i) the insurance required contributions paid by the institution of higher education shall not be paid with funds that are appropriated from the general revenue fund;

      (ii) any institution of higher education electing to pay the insurance required contributions for any part-time employee as described in §1551.101(e)(2) of the Act, must do so for all eligible part-time employees described therein; and

      (iii) any insurance required contributions paid as provided in clause (i) of this subparagraph must be paid from the first date of the part-time employee's initial enrollment.

(b) Retirees.

  (1) A retiree who is at least 65 years of age with a minimum of 10 years eligible service credit or a retiree whose age and eligible service credit equals or exceeds 80 with a minimum of 10 years eligible service credit, is eligible for GBP health coverage on the day he/she becomes an annuitant provided the individual retires directly from state service. If the individual does not retire directly from state service as described in §1551.1055(b) of the Act, eligibility for GBP health coverage begins on the first day of the calendar month following 60 days after the date of retirement.

  (2) A retiree who is less than 65 years of age with a minimum of 10 years eligible service credit is eligible for GBP health coverage with the applicable state contribution on the first day of the calendar month following the date on which the individual reaches 65 years of age, subject to meeting the required health insurance waiting period, if applicable.

  (3) ORP Retirees.

    (A) A participant in the ORP is eligible for GBP health coverage on the day he/she receives or is eligible to receive an annuity under the ORP program or would have been eligible to receive an annuity had his/her membership been in TRS rather than the ORP, and meets the age, length-of-service, any applicable health insurance waiting period, and other requirements as provided in this subsection.

    (B) A participant in the ORP is eligible for additional coverage and plans, which include optional coverage in the GBP, as long as he/she receives or is eligible to receive an annuity under the ORP program or would have been eligible to receive an annuity had his/her membership been in TRS rather than the ORP.

  (4) Retirees eligible for interim insurance. A retiree with at least 10 years of eligible service credit who is not eligible for a state contribution for GBP health coverage at the time of retirement is eligible for dental and vision coverage and, except as provided in paragraph (5) of this subsection, optional life insurance and dependent life insurance at the time of retirement. A retiree described by this paragraph and by paragraph (2) of this subsection, is eligible for GBP health coverage under the provisions described in §1551.323 of the Act, upon payment of the total cost, as determined by the Board of Trustees. For purposes of §1551.323, the total cost 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 interim insurance pursuant to §1551.323 of the Act. If an individual who is eligible for this interim insurance is also eligible for COBRA coverage, then COBRA coverage should be exhausted, if possible, before the interim insurance begins as described by this subsection.

  (5) A retiree is eligible for optional life insurance and dependent life insurance coverage if the retiree was enrolled in such coverage on the day before becoming an annuitant. Except as provided in paragraph (6) of this subsection, a retiree may not increase the amount of life insurance for which the retiree was enrolled on the day before becoming an annuitant, but may cancel life insurance coverage at any time. Canceled life insurance coverage may never be reinstated. A retiree is not eligible for disability or AD&D coverage.

  (6) A retiree who is not enrolled in retiree optional life insurance or dependent life insurance coverage is eligible to apply for minimum retiree optional life insurance or dependent life insurance coverage. Submission of evidence of insurability acceptable to ERS shall be required for enrollment in such coverage.

  (7) A retiree who was not enrolled in dependent life insurance coverage on the day before becoming an annuitant becomes eligible for dependent life insurance coverage of a newly acquired dependent on the first day of the month following the date on which the individual becomes a dependent of the retiree.

  (8) A retiree who returns to work for an employer may continue coverage for which he/she is eligible as a retiree, or, subject to subsection (a) of this section, elect to participate in the GBP as a full-time or part-time employee. Time spent in an eligible position as a return to work retiree may not be used to meet eligibility requirements for retiree health insurance coverage. A return to work retiree who elected active employee coverage will be re-enrolled in retiree coverage for which he/she is eligible and may elect new retiree coverage for which he/she is eligible at the time of separation from active duty.

Cont'd...

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