By Truan, et al.                                       S.B. No. 404
          Substitute the following for S.B. No. 404:
          By Patterson                                       C.S.S.B. No. 404
                                 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
    1-8     EMPLOYEES TO PURCHASE CONTINUED HEALTH COVERAGE AT RETIREMENT
    1-9        Sec. 174.001.  APPLICABILITY.  This chapter applies to a
   1-10  person who:
   1-11        (a)  retires from county employment in a county with a
   1-12  population of 75,000 or more or municipal employment in a
   1-13  municipality with a population of 25,000 or more; and
   1-14        (b)  is entitled to receive retirement benefits from a county
   1-15  or municipal retirement plan.
   1-16        Sec. 174.002.  RIGHT TO PURCHASE CONTINUED COVERAGE.  (a)  A
   1-17  person to whom this chapter applies is entitled to purchase
   1-18  continued health benefits coverage for the person and the person's
   1-19  dependents as provided by this chapter unless the person is
   1-20  eligible for group health benefits coverage through another
   1-21  employer.  The coverage shall be provided under the group health
   1-22  insurance plan or group health coverage plan provided by or through
   1-23  the employing county or municipality to its employees.
   1-24        (b)  To receive continued coverage under this chapter, the
    2-1  person must inform the employing county or municipality, not later
    2-2  than the day on which the person retires from the county or
    2-3  municipality, that the person elects to continue coverage.
    2-4        (c)  If the person elects to continue coverage for the person
    2-5  and on any subsequent date elects to discontinue such coverage, the
    2-6  person is no longer eligible for coverage under this chapter.
    2-7        (d)  If the person elects to continue coverage for any
    2-8  dependent and on any subsequent date elects to discontinue such
    2-9  coverage, the dependent is no longer eligible for coverage under
   2-10  this chapter.
   2-11        Sec. 174.003.  LEVEL OF COVERAGE.  (a)  The person may elect
   2-12  to cover the same persons who were covered under the county's or
   2-13  municipality's group health insurance plan or group health coverage
   2-14  plan through the person at the time the person left county or
   2-15  municipal employment, or the person may elect to discontinue
   2-16  coverage for one or more persons.  A person who was not covered
   2-17  under the plan at the time the person to whom this chapter applies
   2-18  left county or municipal employment is not eligible for coverage
   2-19  under this chapter.
   2-20        (b)  Except as provided by Subsections (c) and (d), the level
   2-21  of coverage provided under this chapter at any given time is the
   2-22  same level of coverage provided to current employees of the county
   2-23  or municipality at that time.
   2-24        (c)  A county or municipality may substitute Medicare
   2-25  supplement health benefits coverage as the coverage provided for a
   2-26  person who receives health benefits coverage under this chapter,
   2-27  including a dependent, after the date that the person becomes
    3-1  eligible for federal Medicare benefits.
    3-2        (d)  The person may elect to continue coverage at a reduced
    3-3  level, if offered by the county or municipality.
    3-4        Sec. 174.004.  PAYMENT FOR COVERAGE.  A person who is
    3-5  entitled to continued coverage under this chapter is entitled to
    3-6  make payments for the coverage at the same time and to the same
    3-7  entity that payments for the coverage are made by current employees
    3-8  of the county or municipality.
    3-9        Sec. 174.005.  DUTY TO INFORM RETIREE OF RIGHTS.  A county
   3-10  and a municipality shall provide written notice to a person to whom
   3-11  this chapter may apply of the person's rights under this chapter
   3-12  not later than the date the person retires from the county or
   3-13  municipality.  A county or municipality may fulfill its
   3-14  requirements under this section by placing the written notice
   3-15  required by this section in a personnel manual or employee handbook
   3-16  that is available to all employees.
   3-17        Sec. 174.006.  CERTAIN MATTERS NOT AFFECTED.  This chapter
   3-18  does not:
   3-19              (1)  prohibit a county or municipality from uniformly
   3-20  changing the group health insurance plan or group health coverage
   3-21  plan provided for its employees and retirees;
   3-22              (2)  affect the definition of a dependent or the
   3-23  eligibility requirements for a dependent under a plan;
   3-24              (3)  prohibit a county or municipality from agreeing
   3-25  with a person to deduct the cost of coverage provided under this
   3-26  chapter from a pension check;
   3-27              (4)  prohibit a county or municipality from agreeing
    4-1  with a person to pay for the coverage provided under this chapter
    4-2  provided the person reimburses the county or municipality for the
    4-3  actual cost of the coverage;
    4-4              (5)  prohibit a county, municipality, or a pool
    4-5  established under Chapter 172 from increasing the cost of group
    4-6  health coverage to its employees and to persons covered under this
    4-7  chapter to reflect the increased cost, if any, attributable to
    4-8  compliance with this chapter;
    4-9              (6)  affect the right of a county or municipality to
   4-10  provide coverage under Chapter 172; or
   4-11              (7)  affect the right of a county, municipality, or a
   4-12  pool established under Chapter 172 to offer the coverage at the
   4-13  same rate that is available to active employees or to offer the
   4-14  coverage at a reasonable or actual rate established for retirees
   4-15  that may be greater than the rate offered to active employees.
   4-16        Sec. 174.007.  EXEMPTIONS.  (a)  A county or municipality
   4-17  that does not provide health benefits coverage through a
   4-18  self-insured plan or a plan authorized under Chapter 172 is not
   4-19  required to provide coverage under this chapter if the county or
   4-20  municipality makes a good faith effort to purchase insurance
   4-21  coverage that includes coverage required by this chapter from an
   4-22  insurance company authorized to do business in this state and from
   4-23  pools established under Chapter 172 but is unable to find a
   4-24  provider for the coverage.
   4-25        (b)  A county or municipality that on the effective date of
   4-26  this Act is providing coverage substantially similar to the
   4-27  coverage required by this chapter is exempt from this chapter.
    5-1        SECTION 2.  (a)  Chapter 174, Local Government Code, as added
    5-2  by this Act, applies according to its terms to all eligible persons
    5-3  who leave county or municipal employment on or after January 1,
    5-4  1994.
    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  new plan that is adopted by the county or municipality on or after
   5-12  January 1, 1994, unless the county or municipality is exempted
   5-13  under Section 174.007, Local Government Code, as added by this Act.
   5-14        SECTION 3.  The Texas Municipal Retirement System established
   5-15  by Subtitle G, Government Code, shall conduct a study of the
   5-16  feasibility of creating a statewide municipal retiree health
   5-17  benefits risk pool and shall submit its findings to the Legislature
   5-18  not later than September 30, 1994.  In conducting the study, the
   5-19  Texas Municipal Retirement System shall consult with the Texas
   5-20  Municipal League and municipal employee associations and other
   5-21  groups or individuals as appropriate.
   5-22        SECTION 4.  This Act takes effect September 1, 1993.
   5-23        SECTION 5.  The importance of this legislation and the
   5-24  crowded condition of the calendars in both houses create an
   5-25  emergency and an imperative public necessity that the
   5-26  constitutional rule requiring bills to be read on three several
   5-27  days in each house be suspended, and this rule is hereby suspended.