78R17691 DLF-D


By:  Duncan                                                       S.B. No. 1370

Substitute the following for S.B. No. 1370:                                   

By:  Wohlgemuth                                               C.S.S.B. No. 1370


A BILL TO BE ENTITLED
AN ACT
relating to certain group benefit plans provided to certain governmental officers, employees, and retirees and their dependents. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS SCHOOL EMPLOYEES UNIFORM GROUP HEALTH COVERAGE ACT AND BENEFITS FOR SCHOOL EMPLOYEES
SECTION 1.01. Section 2, Article 3.50-8, Insurance Code, is amended by adding Subsections (e), (f), and (g) to read as follows: (e) A member of the professional staff of a district, charter school, or service center described by Subsection (a) of this section is not eligible to receive state funds under Subsection (a) of this section. (f) For purposes of this section, a member of the professional staff of a district, charter school, or service center described by Subsection (a) of this section has the meaning defined by rule by the trustee. (g) An employee is not eligible to receive a state contribution under this article until the 90th day after the date the employee is employed by an entity described by Section 1(2)(A) of this article. SECTION 1.02. Notwithstanding Article 3.50-8, Insurance Code, the state shall pay the state contribution for active employee health coverage or supplemental compensation authorized under Section 2, Article 3.50-8, Insurance Code, for the last month of state fiscal year 2005 not earlier than the first day of the first month of state fiscal year 2006. SECTION 1.03. Effective September 1, 2003, the comptroller of public accounts shall transfer $42 million from the Texas school employees uniform group coverage trust fund established under Section 8, Article 3.50-7, Insurance Code, to the retired school employees group insurance fund described by Subchapter G, Chapter 1575, Insurance Code, to compensate the retired school employees group insurance fund for money transferred from that fund under Section 4.01, Chapter 1187, Acts of the 77th Legislature, Regular Session, 2001.
ARTICLE 2. TEXAS EMPLOYEES GROUP BENEFITS ACT
SECTION 2.01. Subdivisions (3), (9), and (11), Section 1551.003, Insurance Code, as effective June 1, 2003, are amended to read as follows: (3) "Basic coverage" means the group coverage plans determined by the board of trustees in which each eligible full-time employee and annuitant participates automatically unless participation is specifically waived. (9) "Full-time employee" means an employee designated as a full-time employee under Section 1551.319(c) or an employee designated by the employer as working 40 [20] or more hours a week. (11) "Part-time employee" means an employee designated by the employer as working less than 40 [20] hours a week. For purposes of this chapter, an individual described by Section 1551.101(e)(2) is considered a part-time employee. SECTION 2.02. Subsection (a), Section 1551.101, Insurance Code, as effective June 1, 2003, is amended to read as follows: (a) An elected or appointed officer or employee who performs service, other than as an independent contractor, for this state, including an institution of higher education, and who is described by this section is eligible to participate in the group benefits program as an employee on the date specified by Section 1551.1055. SECTION 2.03. Subsection (a), Section 1551.102, Insurance Code, as effective June 1, 2003, is amended to conform to Section 27, Chapter 1231, Acts of the 77th Legislature, Regular Session, 2001, and further amended to read as follows: (a) An individual who has at least a number of [three] years of service credit, except as provided by Subsection (b)(2)(C) or Subsection (f), for which the individual was eligible to participate in the group benefits program under Section 1551.101 or who has at least five years of membership and five years of military service credited in the Employees Retirement System of Texas and who retires in a manner described by this section is eligible, subject to Section 1551.1055, to participate as an annuitant in the group benefits program. SECTION 2.04. Section 1551.102, Insurance Code, as effective June 1, 2003, is amended by amending Subsections (b), (c), (d), (f), and (g) and adding Subsection (h) to read as follows: (b) An individual is eligible to participate in the group benefits program as provided by Subsection (a) if [the individual]: (1) the individual retires under the jurisdiction of the Employees Retirement System of Texas; and (2) the individual: (A) receives or is eligible to receive an annuity under Section 814.104(a)(2), [Subtitle B, D, or E, Title 8, Government Code, or Chapter 803,] Government Code, and has [that is based on] at least 10 years of eligible service credit; (B) receives or is eligible to receive an annuity under Chapter 803 or Section 814.104(a)(1), Government Code, has at least 10 years of eligible service credit, and is at least 65 years of age; or (C) receives or is eligible to receive an annuity that is based on [or] eligibility under Section 814.002, [or] 814.102, 814.104(b), 814.107(a), 834.101, or 839.101, Government Code. (c) An individual is eligible to participate in the group benefits program as provided by Subsection (a) if [the individual]: (1) the individual retires under the jurisdiction of the Teacher Retirement System of Texas and has at least 10 years of eligible service credit, including not more than five years of military service credited in the Employees Retirement System of Texas, or has five years of eligible service credit and is the sole surviving spouse of military personnel who was killed in action; (2) the individual: (A) has accumulated eligible service credit in an amount so that the sum of the person's age and amount of service credit, including months of age and credit, equals or exceeds the number 80; or (B) is at least 65 years of age [receives or is eligible to receive an annuity under Subtitle C, Title 8, Government Code, or Chapter 803, Government Code, that is based on at least 10 years of service credit]; and (3) the individual was employed, as the last state employment before retirement, including employment by a public junior college, by a state agency whose employees are authorized to participate in the group benefits program. (d) An individual is eligible to participate in the group benefits program as provided by Subsection (a) if the individual: (1) retires under the optional retirement program established by Chapter 830, Government Code, with at least 10 years of eligible service credit; and (2) receives or is eligible to receive an annuity under that program and the individual: (A) is at least 65 years of age, or would have been eligible to retire and receive a service retirement annuity from the Teacher Retirement System of Texas or the Employees Retirement System of Texas in an amount such that the sum of the person's age and amount of service credit, including months of age and credit, equals or exceeds the number 80 or would have been eligible to retire and receive a disability retirement annuity from the Teacher Retirement System of Texas or the Employees Retirement System of Texas, [based on at least 10 years of service credit] if the individual had not elected to participate in the optional retirement program; or (B) is disabled as determined by the Employees Retirement System of Texas based on at least 10 years of eligible service credit. (f) An individual is eligible to participate in the group benefits program as provided by Subsection (a) if the individual is certified and qualified as disabled and receives or is eligible to receive an annuity under Section 814.202, 814.207, 834.201, or 839.201, Government Code [a retired officer or employee of a retirement system described by Section 1551.111]. (g) An individual is eligible to participate in the group benefits program as provided by Subsection (a) if the individual is at least 65 years of age and retires under a federal or state statutory retirement program not described by another provision of this section, to which an institution of higher education has made employer contributions, and the individual has met service requirements, age requirements, and other applicable requirements comparable to the requirements for retirement under the Teacher Retirement System of Texas, based on at least 10 years of service credit. (h) A person eligible to participate and participating in the group benefits program as an annuitant on September 1, 2003, may continue to participate in the program as an annuitant if a lapse in coverage has not occurred. SECTION 2.05. Subsection (a), Section 1551.104, Insurance Code, as effective June 1, 2003, is amended to read as follows: (a) Subject to Sections 1551.101 and 1551.102, each [Each] full-time employee is covered automatically by the basic coverage plan for employees and each annuitant is covered by the basic coverage plan for annuitants unless: (1) participation is specifically waived; [or] (2) the employee or annuitant is expelled from the program under Section 1551.351; or (3) eligibility is otherwise limited by this chapter. SECTION 2.06. Subchapter C, Chapter 1551, Insurance Code, as effective June 1, 2003, is amended by adding Section 1551.1055 to read as follows: Sec. 1551.1055. DATE ELIGIBILITY BEGINS; WAITING PERIOD. (a) Except as provided by Subsections (c) and (d), eligibility under Section 1551.101 begins on the first day of the calendar month that begins after the 90th day after the date the employee performs services for a state agency or is qualified for and begins to hold elected or appointed office. (b) Except as provided by Subsection (c), eligibility under Section 1551.102, for an individual who does not retire at the end of the last month for which the individual is on the payroll of a state agency before retirement, begins on the first day of the calendar month that begins after the 90th day after the date the individual retires. (c) The waiting period established by Subsections (a) and (b) applies only to the determination of initial eligibility to participate in the group benefits program and does not apply to the determination of initial eligibility to participate in optional and voluntary insurance coverages under the group benefits program. (d) This subsection applies only to an employee of an institution of higher education or a dependent of the employee. Notwithstanding Subsection (a), eligibility under Section 1551.101 may not begin earlier than the first day that an employee performs services for an institution of higher education if any amount paid for premium incurred before the date specified under Subsection (a) for the employee and any dependents of the employee is paid from money not appropriated from the general revenue fund, in accordance with policies and procedures established by the governing body of the institution of higher education. SECTION 2.07. Subsection (a), Section 1551.109, Insurance Code, as effective June 1, 2003, is amended to read as follows: (a) Subject to Section 1551.351, on application to the board of trustees and arrangement for payment of contributions, an individual participating in the group benefits program on August 31, 2003, as a current or [a] former member of a governing body with administrative responsibility over a state agency created under a statute of this state that has statewide jurisdiction and whose employees are covered by this chapter or as a current or former member of the State Board of Education or [described by Section 1551.101(c) or a former member of] the governing body of an institution of higher education remains eligible for participation in a health benefit plan offered under this chapter if a lapse in coverage [after the end of the former member's term] has not occurred. SECTION 2.08. Subsection (b), Section 1551.111, Insurance Code, as effective June 1, 2003, is amended to read as follows: (b) Participation is limited to: (1) an officer or employee of either system who has been an officer or employee of either system following completion of the waiting period described by Section 1551.1055; (2) an eligible dependent of an officer or employee of either system described by Subdivision (1); (3) an individual who: (A) was an officer or employee of either system; (B) has retired from either system, subject to Section 1551.1055; (C) receives or is eligible to receive an annuity from either system or under Chapter 803, Government Code, based on at least 10 years of service credit and is at least 65 years of age; and (D) has at least 10 [three] years of service credit with a state agency whose employees are authorized to participate in the group benefits program; and (4) an eligible dependent of a retired officer or employee described by Subdivision (3). SECTION 2.09. Subsection (a), Section 1551.112, Insurance Code, as effective June 1, 2003, is amended to read as follows: (a) An individual may participate in the group benefits program as an annuitant, subject to Section 1551.1055, and may obtain coverage for the individual's dependents as any other participating annuitant if the individual: (1) began employment with, or became an officer of, the Texas Turnpike Authority within the three-year period preceding August 31, 1997; (2) was an officer or employee of the Texas Turnpike Authority on August 31, 1997; (3) became an officer or employee of the North Texas Tollway Authority on September 1, 1997; and (4) retires or is eligible to retire with at least 10 years of service credit under the proportionate retirement program established by Chapter 803, Government Code, or under a public retirement system to which Chapter 803 applies and is at least 65 years of age. SECTION 2.10. Section 1551.319, Insurance Code, as effective June 1, 2003, is amended by adding Subsections (c), (d), and (e) to read as follows: (c) The superintendent of the Texas School for the Deaf and the superintendent of the Texas School for the Blind and Visually Impaired shall determine whether an educational professional employee under contract with the school under Section 30.024 or 30.055, Education Code, as applicable, is a full-time employee for purposes of this chapter. (d) The executive head of the Windham School District shall determine whether an educational professional employee of the school is a full-time employee for purposes of this chapter. (e) This section does not prohibit an institution of higher education from contributing, from money not appropriated from the general revenue fund, amounts in excess of the state contribution for a part-time employee described by Section 1551.101(e)(2). SECTION 2.11. Section 27, Chapter 1231, Acts of the 77th Legislature, Regular Session, 2001, is repealed. SECTION 2.12. Subsections (c) and (d), Section 1551.101, Insurance Code, as effective June 1, 2003, are repealed.
ARTICLE 3. TEXAS RETIRED SCHOOL EMPLOYEES GROUP BENEFITS ACT
SECTION 3.01. Section 1575.002, Insurance Code, as effective June 1, 2003, is amended to conform to Section 3.03, Chapter 1187, Acts of the 77th Legislature, Regular Session, 2001, and to conform more closely to the source law from which the section was derived, and further amended to read as follows: Sec. 1575.002. GENERAL DEFINITIONS. In this chapter: (1) "Active employee" means a contributing member of the Teacher Retirement System of Texas [an employee as defined by Section 821.001, Government Code,] who: (A) is employed by a public school [a member of the system]; and (B) is not entitled to coverage under a plan provided under Chapter 1551 or 1601. (2) ["Board of trustees" means the board of trustees of the Teacher Retirement System of Texas. [(3)] "Carrier" means an insurance company or hospital service corporation authorized by the department under this code or another insurance law of this state to provide any of the insurance coverages, benefits, or services provided by this chapter. (3) [(4)] "Fund" means the retired [Texas public] school employees group insurance fund. (4) [(5)] "Group program" means the Texas Public School Employees Group Insurance Program authorized by this chapter. (5) [(6)] "Health benefit plan" means a group insurance policy, contract, or certificate, medical or hospital service agreement, membership or subscription contract, salary continuation plan, or similar group arrangement to provide health care services or to pay or reimburse expenses of health care services. (6) "Public school" means: (A) a school district; (B) another educational district whose employees are members of the Teacher Retirement System of Texas; (C) a regional education service center established under Chapter 8, Education Code; or (D) an open-enrollment charter school established under Subchapter D, Chapter 12, Education Code. (7) "Trustee" ["System"] means the Teacher Retirement System of Texas. SECTION 3.02. Subsection (a), Section 1575.202, Insurance Code, is amended to read as follows: (a) Each state fiscal year, the state shall contribute to the fund an amount equal to one [0.5] percent of the salary of each active employee. SECTION 3.03. Subsection (a), Section 1575.203, Insurance Code, as effective June 1, 2003, is amended to read as follows: (a) Each state fiscal year, each active employee shall, as a condition of employment, contribute to the fund an amount equal to 0.5 [0.25] percent of the employee's salary. SECTION 3.04. Section 1575.204, Insurance Code, as effective June 1, 2003, is amended to read as follows: Sec. 1575.204. PUBLIC SCHOOL CONTRIBUTION [RATIO OF STATE AND ACTIVE EMPLOYEE CONTRIBUTIONS]. Each state fiscal year, each public school shall contribute to the fund the amount prescribed by the General Appropriations Act, which may not be less than 0.25 percent or greater than 0.75 percent of the salary of each active employee of the public school. The public school shall make the contributions on a monthly basis and as otherwise prescribed by the trustee [If the amount of state and active employee contributions to the fund is raised by the legislature above the percentages provided by Sections 1575.202 and 1575.203 to provide adequate funding for the group program, the ratio between the state's contribution and the active employees' contributions must be maintained at two to one].
ARTICLE 4. UNIFORM INSURANCE BENEFITS ACT FOR EMPLOYEES OF
THE UNIVERSITY OF TEXAS SYSTEM AND
THE TEXAS A&M UNIVERSITY SYSTEM
SECTION 4.01. Subsection (a), Section 1601.101, Insurance Code, as effective June 1, 2003, is amended to read as follows: (a) An individual who is employed by the governing board of a system, who performs service, other than as an independent contractor, for the system, and who is described by this section is eligible to participate as an employee in the uniform program on the date specified by Section 1601.1045. SECTION 4.02. Section 1601.102, Insurance Code, as effective June 1, 2003, is amended by amending Subsection (a) and adding Subsections (f) and (g) to read as follows: (a) An individual who retires in a manner described by this section and who meets the requirements of Subsection (f) is eligible to participate, subject to Section 1601.1045, as a retired employee in the uniform program. (f) Notwithstanding Subsections (b)-(d), an individual is eligible to participate in the uniform program only if the individual: (1) has at least 10 years of service credit and the sum of the person's age and amount of service credit, including months of age and credit, equals or exceeds the number 80; or (2) is at least 65 years old and has at least 10 years of service credit. (g) A person eligible to participate and participating in the uniform program as an annuitant on September 1, 2003, may continue to participate in the program as an annuitant if a lapse in coverage has not occurred. SECTION 4.03. Subchapter C, Chapter 1601, Insurance Code, as effective June 1, 2003, is amended by adding Section 1601.1045 to read as follows: Sec. 1601.1045. DATE ELIGIBILITY BEGINS; WAITING PERIOD. (a) Except as provided by Subsection (c) or (d), eligibility under Section 1601.101 begins on the first day of the calendar month that begins after the 90th day after the date the employee performs services for a system. (b) Except as provided by Subsection (c), eligibility under Section 1601.102, for an individual who does not retire at the end of the last month for which the individual is on the payroll of a system before retirement, begins on the first day of the calendar month that begins after the 90th day after the date the individual retires. (c) The waiting period established by Subsections (a) and (b) applies only to the determination of initial eligibility to participate in the group health benefits program and does not apply to the determination of initial eligibility to participate in optional coverages under the uniform program. (d) Notwithstanding Subsection (a), eligibility under Section 1601.101 may not begin earlier than the first day that an employee performs services for a system if any amount paid for premium incurred before the date specified under Subsection (a) for the employee and any dependents of the employee is paid from money not appropriated from the general revenue fund, in accordance with policies and procedures established by the system. SECTION 4.04. Section 1601.201, Insurance Code, as effective June 1, 2003, is amended to read as follows: Sec. 1601.201. PAYMENT FOR [OPTIONAL OR BASIC] COVERAGE. (a) A system may not contribute more than the amounts specified by this section for coverages provided under the uniform program. (b) For an employee designated by the system as working 40 or more hours a week, the system may contribute: (1) the full cost of basic coverage for the employee; and (2) not more than 50 percent of the cost of dependent coverage. (c) For an employee designated by the system as working less than 40 hours a week, including an individual employed by the system in a position that as a condition of employment requires the individual to be enrolled as a student in the system in graduate-level courses, the system, from money appropriated from the general revenue fund, may contribute: (1) not more than 50 percent of the cost of basic coverage for the employee; and (2) not more than 25 percent of the cost of dependent coverage. (d) Subsection (c) does not prohibit a system from contributing, from money not appropriated from the general revenue fund, amounts in excess of the amount specified by that subsection for an individual employed by the system in a position that as a condition of employment requires the individual to be enrolled as a student in the system in graduate level courses [shall provide optional coverage at no cost to an employee or retired employee if the cost of the employee's or retired employee's basic coverage exceeds the amount appropriated by the legislature for an employee or retired employee. For a participant who chooses the basic coverage rather than optional coverages, a system may: [(1) for an individual eligible to participate in the uniform program under Section 1601.101, deduct from or reduce the monthly compensation of the participant; or [(2) for an individual eligible to participate in the uniform program under Section 1601.102, require appropriate payment]. [(b) The deduction or reduction under Subsection (a) may not exceed one-half of the amount that exceeds the state's contribution, and the system shall pay any difference.]
ARTICLE 5. EFFECTIVE DATE; GENERAL TRANSITION
SECTION 5.01. To the extent of any conflict, this Act prevails over another Act of the 78th Legislature, Regular Session, 2003, relating to nonsubstantive codifications of law or nonsubstantive additions to and corrections in enacted codes. SECTION 5.02. This Act takes effect September 1, 2003.