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78S40397 DLF-D

By:  Shapleigh                                                    S.B. No. 23 



A BILL TO BE ENTITLED

AN ACT

relating to participation by certain retired public employees in 
group benefit plans under the Texas Public School Retired Employees 
Benefits Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 1575.004(a) and (b), Insurance Code, as 
effective September 1, 2004, are amended to read as follows:
	(a)  In this chapter, "retiree" means:                                         
		(1)  an individual not eligible for coverage under a 
plan provided under Chapter 1551 or 1601 who:
			(A)  is at least 65 years of age and has taken a 
service retirement under the Teacher Retirement System of Texas 
with at least 10 years of service credit in the system, which may 
include up to five years of military service credit, but which may 
not include any other service credit purchased for equivalent or 
special service credit;
			(B)  was employed in actual service in public 
schools in this state during or before the 2003-2004 school year and 
at the time of retirement meets the requirements for eligibility as 
a retiree as those requirements existed on August 31, 2004;
			(C)  [purchased equivalent or special service 
credit, and:
				[(i)  had that service credited on or before 
August 31, 2003;
				[(ii)  retires on or before August 31, 2009;               
				[(iii)  at the time of retirement, meets the 
requirements for eligibility for the group program for coverage as 
a retiree as those requirements existed on August 31, 2004, 
including using up to five years of out-of-state service toward 
retiree eligibility;  and
				[(iv)  has taken a service retirement under 
the Teacher Retirement System of Texas without reduction for early 
age;
			[(D)]  has taken a service retirement under the 
Teacher Retirement System of Texas and:
				(i)  who has at least 10 years of service 
credit in the system, which may include up to five years of military 
service credit but which may not include any other service credit 
purchased for equivalent or special service credit; [,] and
				(ii)  the sum of whose [the individual's] age 
and amount of any service credit in the system, including service 
credit purchased for equivalent or special service credit,
[described by this paragraph] equals or exceeds the number 80;  or
			(D) [(E)]  has taken a service retirement under 
the Teacher Retirement System of Texas on or before August 31, 2004, 
and who is enrolled in the group program on August 31, 2004;  or
		(2)  an individual who:                                                       
			(A)  has taken a disability retirement under the 
Teacher Retirement System of Texas;  and
			(B)  is entitled to receive monthly benefits from 
the Teacher Retirement System of Texas.
	(b)  Each year of service credit in the system that an 
individual would have received but for the individual's 
participation in the deferred retirement option plan under 
Subchapter I, Chapter 824, Government Code, is considered a year of 
service credit solely for the purpose of meeting the definition of 
"retiree" under Subsection (a)(1)(A) or  (C) [(D)].
	SECTION 2.  This Act takes effect September 1, 2004.