By:  Martin                                            H.B. No. 646
       73R934 LGF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the right of certain municipal and county employees to
    1-3  purchase a continuation of health benefits coverage at retirement.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle C, Title 5, Local Government Code, is
    1-6  amended by adding Chapter 174 to read as follows:
    1-7     CHAPTER 174.  RIGHT OF CERTAIN MUNICIPAL AND COUNTY EMPLOYEES
    1-8          TO PURCHASE CONTINUED HEALTH COVERAGE AT RETIREMENT
    1-9        Sec. 174.001.  APPLICABILITY.  This chapter applies to a
   1-10  person who is leaving county or municipal employment.
   1-11        Sec. 174.002.  RIGHT TO PURCHASE CONTINUED COVERAGE.  (a)  A
   1-12  person to whom this chapter applies who retires or has enough
   1-13  credit in the governmental retirement plan that covers the person
   1-14  to be able to retire with full benefits at an attained age is
   1-15  entitled to purchase continued health benefits coverage for the
   1-16  person and the person's dependents as provided by this chapter.
   1-17  The coverage shall be provided under the group health insurance
   1-18  plan or group health coverage plan  provided by or through the
   1-19  employing county or municipality to its employees.  If the plan
   1-20  that provided coverage while the person was employed by the county
   1-21  or municipality is terminated, the coverage shall be provided under
   1-22  the successor to that plan.
   1-23        (b)  To receive continued coverage under this chapter, the
   1-24  person must inform the employing county or municipality, not later
    2-1  than the 90th day after the date the person leaves employment with
    2-2  the county or municipality, that the person elects to continue
    2-3  coverage.
    2-4        Sec. 174.003.  LEVEL OF COVERAGE.  (a)  The person may elect
    2-5  to cover the same persons who were covered under the county's or
    2-6  municipality's group health insurance plan or group health coverage
    2-7  plan through the person at the time the person left county or
    2-8  municipal employment, or the person may elect to discontinue
    2-9  coverage for one or more persons.  A person who was not covered
   2-10  under the plan at the time the person to whom this chapter applies
   2-11  left county or municipal employment is not eligible for coverage
   2-12  under this chapter.
   2-13        (b)  Except as provided by Subsections (c) and (d), the level
   2-14  of coverage provided under this chapter at any given time is the
   2-15  same level of coverage provided to current employees of the county
   2-16  or municipality at that time.
   2-17        (c)  A county or municipality may substitute Medicare
   2-18  supplement health benefits coverage as the coverage provided for a
   2-19  person who receives health benefits coverage under this chapter,
   2-20  including a dependent, after the date that the person becomes
   2-21  eligible for federal Medicare benefits.
   2-22        (d)  The person may elect to continue coverage at a reduced
   2-23  level, if offered by the county or municipality.
   2-24        Sec. 174.004.  PAYMENT FOR COVERAGE.  A person who is
   2-25  entitled to continued coverage under this chapter is entitled to:
   2-26              (1)  make payments for the coverage at the same time
   2-27  and to the same entity that payments for coverage are made by
    3-1  current employees of the county or municipality; and
    3-2              (2)  purchase the coverage at the group rate for that
    3-3  coverage that exists at the time of payment.
    3-4        Sec. 174.005.  DUTY TO INFORM RETIREE OF RIGHTS.  A county
    3-5  and a municipality shall provide written notice to a person to whom
    3-6  this chapter may apply of the person's rights under this chapter
    3-7  not later than the date the person leaves employment with the
    3-8  county or municipality.
    3-9        Sec. 174.006.  CERTAIN MATTERS NOT AFFECTED.  This chapter
   3-10  does not:
   3-11              (1)  prohibit a county or municipality from uniformly
   3-12  changing the group health insurance plan or group health coverage
   3-13  plan provided for its employees and retirees;
   3-14              (2)  affect the definition of a dependent or the
   3-15  eligibility requirements for a dependent under a plan, except as
   3-16  provided by Section 174.003(c);
   3-17              (3)  prohibit a county or municipality from agreeing
   3-18  with a person to deduct the cost of coverage provided under this
   3-19  chapter from a pension check;
   3-20              (4)  prohibit a county or municipality from increasing
   3-21  the cost of group health coverage to its employees and to persons
   3-22  covered under this chapter to reflect the increased cost, if any,
   3-23  attributable to compliance with this chapter; or
   3-24              (5)  affect the right of a county or municipality to
   3-25  provide coverage under Chapter 172.
   3-26        Sec. 174.007.  EXEMPTIONS.  (a)  A county or municipality
   3-27  that does not provide health benefits coverage through a
    4-1  self-insured plan or a plan authorized under Chapter 172 is not
    4-2  required to provide coverage under this chapter if:
    4-3              (1)  the county or municipality makes a good-faith
    4-4  effort to purchase insurance coverage that includes coverage
    4-5  required by this chapter from an insurance company authorized to do
    4-6  business in this state but is unable to find a provider for the
    4-7  coverage; or
    4-8              (2)  the majority of the employees of a county or
    4-9  municipality vote by secret ballot to be exempted from this
   4-10  chapter.
   4-11        (b)  If the majority of the employees of a county or
   4-12  municipality vote to be exempted from this chapter as provided by
   4-13  Subsection (a), a new election shall be held not earlier than the
   4-14  first anniversary of the preceding election if at least 20 percent
   4-15  of the employees petition the presiding officer of the county or
   4-16  municipality for a new election.
   4-17        SECTION 2.  (a)  Chapter 174, Local Government Code, as added
   4-18  by this Act, applies according to its terms to all eligible persons
   4-19  who leave county or municipal employment on or after June 1, 1993.
   4-20  In addition, notwithstanding Section 174.002(b), Local Government
   4-21  Code, as added by this Act, a person who leaves county or municipal
   4-22  employment before September 1, 1993, is entitled to purchase
   4-23  continued health benefits coverage in accordance with Chapter 174,
   4-24  Local Government Code, as added by this Act, if:
   4-25              (1)  the person is purchasing health coverage for the
   4-26  person or for the person's dependents from or through the county or
   4-27  municipality on September 1, 1993; and
    5-1              (2)  the person informs the employing county or
    5-2  municipality, before December 1, 1993, that the person elects to
    5-3  purchase continued coverage as provided by Chapter 174, Local
    5-4  Government Code.
    5-5        (b)  A county or municipality that is required by Chapter
    5-6  174, Local Government Code, as added by this Act, to provide
    5-7  continued health benefits coverage, but that is not allowed to
    5-8  provide the coverage under the terms of the county's or
    5-9  municipality's existing group health plan, shall ensure that the
   5-10  required continued health benefits coverage is provided for in any
   5-11  plan that is adopted, amended, or renewed by the county or
   5-12  municipality on or after September 1, 1993, unless the county or
   5-13  municipality is exempted under Section 174.007, Local Government
   5-14  Code, as added by this Act.  The period during which a person must
   5-15  inform a county or municipality that the person elects to continue
   5-16  health benefits coverage under Chapter 174, Local Government Code,
   5-17  as added by this Act, is extended by the amount of time that occurs
   5-18  after the date that the person leaves county or municipal
   5-19  employment and before the date that the person receives written
   5-20  notice from the county or municipality that the person is presently
   5-21  able to purchase the continued health benefits coverage required to
   5-22  be provided under Chapter 174, Local Government Code, as added by
   5-23  this Act.
   5-24        SECTION 3.  This Act takes effect September 1, 1993.
   5-25        SECTION 4.  The importance of this legislation and the
   5-26  crowded condition of the calendars in both houses create an
   5-27  emergency and an imperative public necessity that the
    6-1  constitutional rule requiring bills to be read on three several
    6-2  days in each house be suspended, and this rule is hereby suspended.