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

  (9) A retiree whose extended life insurance benefits are terminated for reasons other than termination pursuant to §1551.351 of the Act is eligible for retiree life insurance coverage on the first day of the month following the extended life insurance benefits termination date.

(c) Dependents of employees and retirees.

  (1) The dependents of an employee/retiree are eligible for coverage on the same day that the employee/retiree becomes eligible. Except as otherwise provided in this paragraph, a newly acquired dependent is eligible for coverage on the first day of the month following the date on which the individual becomes a dependent of a covered employee/retiree. The employee/retiree must be enrolled for a particular coverage before the employee's/retiree's dependents are eligible for that type of coverage. An eligible child for whom a covered employee/retiree is court-ordered to provide medical support becomes eligible for GBP health coverage upon receipt by the employer of a valid court order. A newborn natural child is eligible automatically on the date of birth. A newly adopted child is eligible automatically on the date of placement for adoption.

  (2) Except as otherwise provided in this paragraph, double coverage is not permitted for any participant in the GBP.

    (A) A participant may not be simultaneously covered by basic or optional term life insurance as an employee/retiree and dependent term life insurance as a dependent. A family member who is covered as an employee/retiree is not eligible to be covered as a dependent in the GBP. Except as provided in subparagraph (B) of this paragraph, a dependent may not be covered by more than one employee/retiree for the same coverage.

    (B) A child who is an eligible dependent of two employees/retirees in the GBP may be enrolled in dependent life insurance coverage and accidental death and dismemberment coverage by both employees/retirees, if otherwise eligible.

(d) Former COBRA unmarried children.

  (1) A former COBRA unmarried child is eligible to continue the GBP health, dental and vision insurance coverage in which the child was enrolled upon expiration of the child's continuation coverage under COBRA.

  (2) A former COBRA unmarried child continuing health insurance coverage under the provisions of this subsection is eligible for dental and vision insurance coverage if such coverage was not in effect upon the expiration of the child's continuation coverage under COBRA.

  (3) A former COBRA unmarried child is eligible to enroll a newly acquired dependent child within 30 days of the child's date of birth or placement for adoption. Otherwise, he/she cannot enroll any other dependents in GBP health coverage.

(e) Surviving dependents.

  (1) The surviving spouse of a deceased retiree or an active employee is eligible to continue coverage in the GBP health, dental and vision plans in which the surviving spouse was enrolled on the day of death of the employee/retiree provided, however, the deceased active employee must have had at least 10 years of service credit, including at least 3 years on August 31, 2001 or at least 10 years after August 31, 2001 of service as an eligible employee with an employer, at the time of death. A deceased active employee described by §1551.114 of the Act must have had at least 10 years of eligible service credit, as determined by ERS, before his/her surviving spouse is eligible to continue coverage. A surviving spouse who is also an annuitant or employee shall not be eligible for surviving spouse benefits as long as he/she is eligible for coverage as an employee/retiree. Participants continuing coverage as surviving spouses are not eligible for life insurance coverage.

  (2) The dependent child of a deceased retiree or an active employee is eligible to continue coverage in the GBP health, dental and vision plans in which the dependent children were enrolled on the day of death of the employee/retiree provided, however, the deceased active employee must have had, at the time of death, at least 10 years of service credit, including at least 3 years on August 31, 2001 or at least 10 years after August 31, 2001 of service as an eligible employee with an employer, as long as the surviving spouse is eligible and continues to participate in the GBP. A deceased active employee described by §1551.114 of the Act must have had at least 10 years of eligible service credit, as determined by ERS, before his/her dependent children are eligible to continue coverage. Dependent children of deceased employees/retirees will be considered as dependents of the deceased employee's/retiree's surviving spouse for purposes of the GBP. Participants continuing coverage as surviving dependents are not eligible for life insurance coverage.

  (3) If a retiree or active employee does not have a spouse covered in the GBP at the time of his/her death, dependent children of the deceased retiree or active employee are eligible to continue coverage in the GBP health, dental and vision plans in which the dependent children were enrolled on the day of death of the employee/retiree provided, however, the deceased active employee must have had at least 10 years of service credit, including at least 3 years on August 31, 2001 or at least 10 years after August 31, 2001 of service as an eligible employee with an employer, at the time of death. A deceased retiree or active employee described by §1551.114 of the Act, must have had at least 10 years of eligible service credit, as determined by ERS, before his/her dependent children are eligible to continue coverage. A surviving dependent child may continue such coverage until the dependent child becomes ineligible as defined in §81.1 of this chapter (relating to Definitions). Participants continuing coverage as surviving dependents are not eligible for life insurance coverage.

  (4) A person who is the surviving spouse or dependent of a member may secure GBP health coverage if the individual was eligible to participate in the GBP under §§1551.101, 1551.102 or 1551.155(a) of the Act, but was not participating at the time of the individual's death.

  (5) A surviving spouse or dependent seeking group coverage under paragraphs (1) - (4) of this subsection must apply for coverage not later than the 30th day after the date on which the individual who was eligible to participate in the GBP dies; and shall pay for coverage at the group rate for other participants.

  (6) A surviving spouse or an eligible dependent child 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, shall be eligible for coverage in the GBP as provided in subparagraphs (A) - (D) of this paragraph.

    (A) Coverage for a surviving spouse under this paragraph shall be at the same rate as the employee-/retiree-only coverage, and the surviving spouse shall be entitled to the benefit of the state contribution applied to employee-/retiree-only coverage.

    (B) Coverage for a surviving spouse with children shall be at the same rate as the employee-/retiree-with-children coverage, and the survivors shall be entitled to receive the benefit of the state contribution applied to coverage for an employee-/retiree-with-children.

    (C) Where there is no surviving spouse, a surviving child eligible for coverage under this paragraph shall be entitled to the benefit of the state contribution for employee-/retiree-only coverage.

    (D) In order for a surviving spouse or children to receive coverage in the GBP under this paragraph, they must pay the balance, if any, of all contributions due after applying the state contribution to such coverage. Any out-of-pocket insurance required contributions due from the survivor may be deducted by ERS from the survivor's annuity payment, if any, or must be paid to ERS by the survivor through electronic bank deduction or direct payment. The applicable state contributions will be paid to ERS by the employer that employed the deceased law enforcement officer or custodial employee.

  (7) A surviving spouse and eligible dependents, and a surviving dependent child, continuing GBP health coverage under the provisions of this subsection are eligible for dental and vision insurance coverage if such coverage was not in effect on the date of death of the deceased employee/retiree. Any insurance required contributions are the sole responsibility of the surviving spouse and dependents.

(f) Disability retiree. An ORP participant who applies and is approved for disability retirement is entitled to retiree insurance coverage as provided in §81.7(a)(3) of this chapter. An ORP participant authorized by the Act with at least 10 years of eligible service credit, and granted ORP disabled retiree status in the GBP, as established by ERS, is eligible to participate in the GBP. Initial or continued eligibility for insurance coverage for an ORP disabled retiree will be determined by ERS under the following provisions.

Cont'd...

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