Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 41 - HEALTH CARE AND INSURANCE PROGRAMS › Subchapter A - RETIREE HEALTH CARE BENEFITS (TRS-CARE) › Section 41.5 - Payments of Contributions

Current through Reg. 49, No. 28; July 12, 2024
(a) Retirees,
				  surviving spouses, and surviving dependent children or their representative
				  (collectively, "participants") shall pay monthly contributions as set by the
				  trustee for their and their dependents' participation in TRS-Care.
(b) To be eligible for TRS-Care coverage, a
				  participant must authorize the trustee in writing to deduct the contribution
				  amount from the annuity payment. After such authorization, the trustee may
				  deduct the amount of the contribution from the annuity payment.
(c) If the amount of the contribution is more
				  than the amount of the annuity payment, the participant will be billed directly
				  by TRS or the TRS-Care administrator for the entire contribution
				  amount.
(d) Failure to timely pay
				  the full amount of a required contribution for coverage of a dependent or a
				  surviving dependent child will result in termination of coverage for the
				  dependent or surviving dependent child at the end of the month for which the
				  last contribution was made.
(e)
				  Failure to timely pay the full amount of a required contribution for coverage
				  of a retiree or a surviving spouse will result in termination of coverage for
				  the retiree or surviving spouse at the end of the month for which the last
				  contribution was made.
(f) A
				  disability retiree whose annuity payments are forfeited under §
										31.36
				  of this title (Relating to Forfeiture of Disability Retirement Annuity Payments
				  Due to Excess Compensation) shall pay the total monthly cost of coverage, as
				  determined by the trustee, attributable to the participation of that disability
				  retiree and the dependents of that disability retiree during the months for
				  which the disability retiree's annuity payments are forfeited. A disability
				  retiree shall pay the total monthly cost of coverage starting with the calendar
				  month for which the first annuity payment is forfeited. The disability retiree
				  shall continue to pay the total monthly cost of coverage for each month of
				  coverage in which the annuity payment for that month is forfeited in accordance
				  with §
										31.36
				  of this title. Nothing in this section shall be construed to prevent TRS from
				  collecting the total monthly cost of coverage for months in which annuities
				  should have been but were not forfeited if TRS determines that a disability
				  retiree knowingly failed to report compensation as required and the failure
				  resulted in payment of annuities by TRS that the disability retiree was not
				  eligible to receive.
(g)
				  Notwithstanding subsections (d) and (e) of this section, a disability retiree
				  whose annuity payments are forfeited under §
										31.36
				  of this title who fails to timely pay the full amount of a required
				  contribution for coverage attributable to his participation or that of his
				  dependents, including but not limited to amounts found due and owing pursuant
				  to a TRS determination that a disability retiree knowingly failed to report
				  compensation as required and the failure resulted in payment of annuities by
				  TRS that the disability retiree was not eligible to receive, shall have
				  coverage under TRS-Care for himself and his dependents suspended unless
				  TRS-Care receives full payment of all costs of coverage currently due and owing
				  within thirty-one (31) days after TRS-Care mails written notice to the
				  disability retiree of the current amount due and owing. Under such
				  circumstances, the suspension of coverage will be effective at midnight of the
				  last day of the month in which TRS-Care mailed the above written notice to the
				  disability retiree of the current amount due and owing. During such a
				  suspension, coverage under TRS-Care will cease and the costs of coverage for
				  TRS-Care will no longer accrue.
(h)
				  If TRS resumes payment of an annuity to a disability retiree whose coverage has
				  been suspended as described in subsection (g) of this section, the following
				  shall apply:
(1) Such disability retiree
				  shall pay, no later than the last day of the month in which TRS resumes annuity
				  payments to the disability retiree, all costs of coverage due and owing
				  attributable to the participation of that disability retiree and the dependents
				  of that disability retiree, including past due amounts for coverage prior to
				  the suspension and the costs of coverage for all months during which the
				  disability retiree's annuity payments are resumed, if any.
(2) Upon payment, reinstatement of TRS-Care
				  coverage shall be effective the first day of the earliest month for which the
				  disability retiree's annuity payments are resumed.
(3) If payment in full of all required
				  contributions then due and owing is not timely received by TRS-Care, then:
(A) TRS-Care coverage for the dependents of
				  that disability retiree shall be terminated effective the last day of the month
				  in which the dependents' coverage was suspended under subsection (g) of this
				  section;
(B) TRS-Care coverage for
				  the disability retiree shall be terminated effective the last day of the last
				  month in which the disability retiree's coverage was suspended under subsection
				  (g) of this section.