By Gutierrez H.B. No. 3510
77R7402 JSA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the coverage of certain adjunct faculty members of
1-3 certain institutions of higher education under the Texas Employees
1-4 Uniform Group Insurance Benefits Act.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3(a)(5)(A), Texas Employees Uniform Group
1-7 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
1-8 Code), is amended to read as follows:
1-9 (A) "Employee" shall mean any appointive or
1-10 elective officer or employee in the service of the State of Texas,
1-11 including an employee of an institution of higher education:
1-12 (i) who is retired or retires and is an
1-13 annuitant under the jurisdiction of the Employees Retirement System
1-14 of Texas, pursuant to Subtitle B, D, or E;
1-15 (ii) who is retired or retires and is an
1-16 annuitant under the jurisdiction of the Teacher Retirement System
1-17 of Texas, pursuant to Subtitle C, Title 8, Government Code, or
1-18 pursuant to Chapter 803, Government Code, and whose last employment
1-19 with the state prior to retirement, including employment by a
1-20 public community/junior college, was as an employee of a department
1-21 whose employees are authorized to participate in the Texas
1-22 employees uniform group insurance program;
1-23 (iii) who is retired or retires and is an
1-24 annuitant under the optional retirement program established by
2-1 Chapter 830, Government Code, if the person's last state employment
2-2 before retirement, including employment by a public
2-3 community/junior college, was as an employee of a department whose
2-4 employees are authorized to participate in the Texas employees
2-5 uniform group insurance program, and if the person either:
2-6 (a) would have been eligible to
2-7 retire and receive a service retirement annuity from the Teacher
2-8 Retirement System of Texas or the Employees Retirement System of
2-9 Texas had the person not elected to participate in the optional
2-10 retirement program; or
2-11 (b) is disabled as determined by the
2-12 Employees Retirement System of Texas;
2-13 (iv) who receives compensation for
2-14 services rendered to the State of Texas, other than an employee of
2-15 an institution of higher education described by this subdivision,
2-16 on a warrant issued pursuant to a payroll certified by a department
2-17 or by an elected or duly appointed officer of this state;
2-18 (v) who receives payment for the
2-19 performance of personal services on a warrant issued pursuant to a
2-20 payroll certified by a department and drawn by the comptroller upon
2-21 the State Treasury against appropriations made by the Texas
2-22 Legislature from any state funds or against any trust funds held by
2-23 the comptroller or who is paid from funds of an official budget of
2-24 a state department, rather than from funds of the General
2-25 Appropriations Act;
2-26 (vi) who is appointed, subject to
2-27 confirmation of the senate, as a member of a board or commission
3-1 with administrative responsibility over a statutory agency having
3-2 statewide jurisdiction whose employees are covered by this Act;
3-3 (vii) who is a member of the governing
3-4 body of an institution of higher education, as that term is defined
3-5 by this Act;
3-6 (viii) who is a member of the State Board
3-7 of Education;
3-8 (ix) who receives compensation for
3-9 services rendered to an institution of higher education on a
3-10 warrant or check issued pursuant to a payroll certified by an
3-11 institution of higher education or by an elected or duly appointed
3-12 officer of this state, and who is eligible for participation in the
3-13 Teacher Retirement System of Texas; [or]
3-14 (x) who receives compensation for services
3-15 rendered to an institution of higher education as provided by this
3-16 subdivision but is not permitted to be a member of the Teacher
3-17 Retirement System of Texas because the person is solely employed by
3-18 an institution of higher education that as a condition of
3-19 employment requires the person to be enrolled as a student in an
3-20 institution of higher education in graduate-level courses and who
3-21 is employed by the institution at least 20 hours a week; or
3-22 (xi) who receives compensation for
3-23 services rendered to a public community/junior college as an
3-24 adjunct faculty member who teaches not less than six semester
3-25 credit hours per semester or term and who has been employed as a
3-26 faculty member of the same public community/junior college for the
3-27 preceding five years.
4-1 SECTION 2. (a) The board of trustees of the Employees
4-2 Retirement System of Texas shall include coverage under the Texas
4-3 Employees Uniform Group Insurance Benefits Act for individuals who
4-4 become eligible for that coverage by the change in law made by this
4-5 Act, in an insurance policy, contract, or evidence of coverage
4-6 delivered, issued for delivery, or renewed on or after January 1,
4-7 2002.
4-8 (b) A policy, contract, or evidence of coverage delivered,
4-9 issued for delivery, or renewed before January 1, 2002, is not
4-10 required to include coverage under the Texas Employees Uniform
4-11 Group Insurance Benefits Act for individuals who become eligible
4-12 for that coverage by the change in law made by this Act, except
4-13 that the board of trustees of the Employees Retirement System of
4-14 Texas may include coverage under the Texas Employees Uniform Group
4-15 Insurance Benefits Act for individuals who become eligible for that
4-16 coverage by the change in law made by this Act in an insurance
4-17 policy, contract, or evidence of coverage delivered, issued for
4-18 delivery, or renewed before January 1, 2002, if the board of
4-19 trustees determines that coverage can be reasonably included.
4-20 SECTION 3. This Act takes effect immediately if it receives
4-21 a vote of two-thirds of all the members elected to each house, as
4-22 provided by Section 39, Article III, Texas Constitution. If this
4-23 Act does not receive the vote necessary for immediate effect, this
4-24 Act takes effect September 1, 2001.