reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 81 - INSURANCE › Section 81.12 - HealthSelectShoppERS

Current through Reg. 49, No. 28; July 12, 2024
(a) Description. The HealthSelectShoppERS
				program is designed to provide an incentive for eligible health benefit plan
				participants to select certain network facilities for specified elective,
				non-emergency medical services and procedures. The incentive will be limited to
				an amount that is compliant with applicable federal laws and regulations and
				will be publicly posted by ERS. The incentive is an employer contribution by a
				GBP member's health benefit plan to the GBP member's TexFlex health care
				reimbursement account or limited purpose health care reimbursement account, as
				set forth in §85.8.
(b)
				Administration. The HealthSelectShoppERS program is administered by the Board.
				The Board may designate and contract with a vendor, administrator or firm to
				perform the day-to-day administrative responsibilities of the
				HealthSelectShoppERS program. The designated vendor, administrator or firm
				shall perform its duties as assigned by the program administrator and in
				accordance with its contract with the program administrator, the Code, rules
				and all applicable state and federal laws and regulations.
(c) Eligibility. A GBP member and the
				member's dependents are eligible for the HealthSelectShoppERS program if all of
				the conditions of this subsection are met:
(1) the GBP member is an employee on active
				duty on the date of a search described in subsection (d)(1) of this section and
				on the date of payment of an employer contribution described in subsection
				(d)(3) of this section;
(2) the
				GBP member and any dependents participating in the HealthSelectShoppERS program
				are enrolled in Consumer Directed HealthSelect or the HealthSelect of Texas
				In-Area Benefits Plan or Out-of-State Plan on the date of a search described in
				subsection (d)(1) of this section, on the date of receipt of a service
				described in subsection (d)(2) of this section, and on the date of payment of
				an employer contribution described in subsection (d)(3) of this section;
(3) neither the GBP member nor any
				dependents participating in the HealthSelect Shopp ERS program is receiving
				Medicare benefits as his or her primary coverage on the date of a search
				described in subsection (d)(1) of this section, on the date of receipt of a
				service described in subsection (d)(2) of this section, and on the date of
				payment of an employer contribution described in subsection (d)(3) of this
				section; and
(4) the GBP member is
				eligible to receive an employer contribution to a TexFlex health care
				reimbursement account or limited purpose health care reimbursement account on
				the date of payment of an employer contribution described in subsection (d)(3)
				of this section. A previously established health care reimbursement account or
				limited purpose health care reimbursement account is not required as a
				condition of eligibility.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 82 - HEALTH SERVICES IN STATE OFFICE COMPLEXES › Section 82.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Act--The Texas
				Employees Group Benefits Act, Act of the 77th Legislature, 2001, as amended,
				Insurance Code, Chapter 1551.
(2)
				Board--The board of trustees of the Employees Retirement System of
				Texas.
(3) Employee--A person
				authorized by the Act to participate in the program as an employee.
(4) Executive Director--The executive
				director of the Employees Retirement System of Texas.
(5) GBP--The Texas Employees Group Benefits
				Program as established by the board pursuant to the Act and known as the Group
				Benefits Program.
(6) Nurse
				Practitioner--A licensed advanced practice nurse as defined by §
									301.152,
				Occupations Code.
(7) Pilot
				Program--The program authorized under House Bill 952, 79th Texas Legislature,
				Regular Session, and codified at Chapter 671, Texas Government Code, wherein
				the viability of an on-site nurse practitioner to provide authorized on-site
				health services for state employees is to be evaluated.
(8) Supervising Physician--A licensed
				physician who will perform supervisory functions as described by §
									157.052(e),
				Occupations Code, for the nurse practitioner.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 82 - HEALTH SERVICES IN STATE OFFICE COMPLEXES › Section 82.3 - Administration

Current through Reg. 49, No. 28; July 12, 2024
The board shall implement and administer all aspects of the
				  pilot program and determine any future expansion or continuation of the pilot
				  program as authorized by Chapter 671, Texas Government Code. This includes the
				  authority to execute contracts as necessary, to establish operating procedures,
				  hours of operation, applicable fees and co-payments, administrative costs, and
				  all other administrative and operational functions for the pilot program. The
				  executive director is vested with the authority to implement and make all
				  administrative decisions related to the pilot program that are vested in the
				  board, including the determination of any future expansion or continuation of
				  the pilot program as authorized by Chapter 671, Texas Government Code, subject
				  to the basic and general policies, rules and regulations and appellate
				  jurisdiction of the board.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 82 - HEALTH SERVICES IN STATE OFFICE COMPLEXES › Section 82.5 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
Eligibility for participation in the pilot program shall be
				  limited to employees of the state of Texas who are enrolled in the GBP,
				  pursuant to Subchapter C, Chapter 1551, Insurance Code. Retirees and their
				  dependents and dependents of employees are not eligible for
				  participation.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 82 - HEALTH SERVICES IN STATE OFFICE COMPLEXES › Section 82.7 - Enrollment and Participation

Current through Reg. 49, No. 28; July 12, 2024
No special enrollment shall be required for treatment of
				  employees. Proof of status as an employee currently enrolled in the GBP shall
				  be required for participation.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 82 - HEALTH SERVICES IN STATE OFFICE COMPLEXES › Section 82.9 - Termination

Current through Reg. 49, No. 28; July 12, 2024
The board or executive director shall determine if the
				  continued operation of any facility established under the pilot program is cost
				  effective and beneficial to the participants of the GBP. The authority to
				  continue or terminate a facility shall be determined by the board or executive
				  director.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 85 - FLEXIBLE BENEFITS › Section 85.1 - Introduction and Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Summary.
				The purpose of these rules is to govern the flexible benefits program. These
				rules constitute the Plan document for the State of Texas Employees Flexible
				Benefit Program (TexFlex). The flexible benefits plan (the plan) includes
				reimbursement account arrangements with optional benefits available for
				selection by participants as described in the plan and these rules. The plan is
				intended to be qualified under the Internal Revenue Code (the Code), §125,
				as amended from time to time, and is intended to continue as long as it
				qualifies under §125 and is advantageous to the state and institutions of
				higher education employees. Optional benefits offered under the plan for
				individual selection consist only of a choice between cash and certain
				statutory nontaxable fringe benefits as defined in the Code, §125, and
				regulations promulgated under the Code, §125. The plan may also include
				separate benefits as defined in the Code, §132, and regulations
				promulgated under the Code, §132, separate from the cafeteria plan, and
				governed by individual plan documents.
(b) Applicability of rules.
(1) These rules are applicable only to
				employees as defined in these rules, and terminated employees, as described in
				§
										85.3(b)(1)(B) and
				(C) of this title (relating to Eligibility
				and Participation).
(2) An employee
				who retired or separated from employment prior to September 1, 1988, shall not
				be entitled to benefits under the provisions of the plan and these rules,
				unless the employee is rehired and then becomes eligible for
				benefits.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 85 - FLEXIBLE BENEFITS › Section 85.4 - Separate Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) Dependent care
				reimbursement plan--A separate plan under the Code, §129, adopted by the
				board of trustees, and designed to provide payment or reimbursement for
				dependent care expenses as described in §
									85.5(c)
				of this title (relating to Benefits). The following sections of this chapter
				constitute the plan: §§85.1, 85.3(a), 85.5(a), 85.5(c), 85.7, 85.9,
				85.11, 85.12, 85.13, 85.15, 85.17, and 85.19.
(b) Health care reimbursement plan--A
				separate plan, under the Code, §105, adopted by the board of trustees, and
				designed to provide health care expense reimbursement as described in §
									85.5(b)
				of this title (relating to Benefits). The following sections of this chapter
				constitute the plan: §§85.1, 85.3(b), 85.5(a), 85.5(b), 85.7, 85.8,
				85.9, 85.11, 85.12, 85.13, 85.15, 85.17, and 85.19.
(c) Insurance Premium Conversion Plan--A
				separate plan under §105(b) of the Code designed to provide insurance
				premium conversion as described in §81.7. The Insurance Premium Conversion
				Plan is intended to comply with the Internal Revenue Code, §79 and
				§106.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 85 - FLEXIBLE BENEFITS › Section 85.5 - Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) Benefits available for selection by
				participants. A participant may elect, in accordance with the procedures set
				forth in this section, one or both of the following benefits, subject to all
				the requirements and conditions contained in these rules:
(1) health care reimbursement plan;
(2) dependent care reimbursement
				plan.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 85 - FLEXIBLE BENEFITS › Section 85.6 - Relief Options Due to the Coronavirus (COVID-19)

Current through Reg. 49, No. 28; July 12, 2024
The following provisions, which apply only to plan years 2021
				  and 2022, are enacted pursuant to §214 of the Federal Taxpayer Certainty
				  and Disaster Tax Relief Act of 2020 and other relevant federal law.
(1) Dependent care reimbursement plan.
(A) Unlimited carryover. A participant may
				carry over to plan year 2021 any unused amount in a dependent care
				reimbursement account that would have expired at the end of plan year 2020 and
				may carry over to plan year 2022 any unused amount in a dependent care
				reimbursement account that would have expired at the end of plan year
				2021.
(B) Grace periods. Because of
				unlimited carryover relief, grace periods for dependent care reimbursement
				accounts do not apply for plan years 2020 and 2021.
(C) Dependent age extension. For plan years
				2020 and 2021, the maximum age of a dependent is 14.
(D) Prospective mid-year election changes.
				During calendar year 2020 and through plan year 2021, a participant may
				increase or decrease contribution amounts or end enrollment for a dependent
				care reimbursement account without a qualifying life event. A participant may
				not reduce contributions to an amount less than the total of:
(i) the amount of payroll distributions in
				the account, if any; and
(ii) the
				amount of reimbursement the participant has received, if any.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 85 - FLEXIBLE BENEFITS › Section 85.7 - Enrollment

Current through Reg. 49, No. 28; July 12, 2024
(a) Election of benefits.
(1) An eligible employee may elect to
				participate in the health care and/or dependent care reimbursement accounts
				within the flexible benefits plan by making an election and executing an
				election form or enrolling electronically.
(2) An employee who becomes eligible after
				the beginning of a plan year has 30 days from the date of eligibility to elect
				or decline benefits by executing an election form.
(3) By enrolling in the plan, the employee
				agrees to a reduction in compensation or agrees to after-tax payments equal to
				the participant's share of the cost and any fees for each reimbursement account
				selected.
(4) An election to
				participate in a reimbursement plan must be for a specified dollar amount plus
				any administrative fee.
(5) An
				annual enrollment period will be designated by the Employees Retirement System
				of Texas and shall be prior to the beginning of a new plan year. The annual
				enrollment period shall provide an opportunity to change and to elect or
				decline benefit options.
(6) An
				active employee who is enrolled in reimbursement accounts immediately prior to
				the annual enrollment period will be automatically re-enrolled with the same
				elections and contribution amounts for the new plan year unless the active
				employee takes action during the annual enrollment period to change
				contribution amounts or to decline participation.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 85 - FLEXIBLE BENEFITS › Section 85.8 - HealthSelect ShoppERS

Current through Reg. 49, No. 28; July 12, 2024
(a) Description.
				The HealthSelectShoppERS program is designed to provide an incentive for
				eligible GBP health benefit plan participants to select certain network
				facilities for specified elective, non-emergency medical services and
				procedures. The program is described in § 81.12 of this title (relating to
				HealthSelectShoppERS). The incentive is an employer contribution by a GBP
				health benefit plan to an active duty employee's health care reimbursement
				account or limited purpose health care reimbursement account.
(b) Employer Contributions by a GBP Health
				Benefit Plan.
(1) All HealthSelectShoppERS
				program incentives shall be employer contributions to active duty employees'
				health care reimbursement accounts or limited purpose health care reimbursement
				accounts.
(2) The annual employer
				contributions by GBP health benefit plans to any active duty employee in
				connection with the HealthSelectShoppERS program shall not exceed a designated
				amount set by the Employees Retirement System of Texas and publicly posted. Any
				employer contributions by a GBP health benefit plan to an active employee's
				account shall be in addition to the annual maximum employee contribution amount
				established by the plan administrator.
(3) The TPA will establish a health care
				reimbursement account or limited purpose health care reimbursement account for
				any active duty employee who receives an employer contribution from a GBP
				health benefit plan but does not have an established account.
(4) Once credited into an active duty
				employee's health care reimbursement account or limited purpose health care
				reimbursement account, the employer contribution by the GBP health benefit plan
				is available to the employee as flexible benefit plan dollars.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 85 - FLEXIBLE BENEFITS › Section 85.9 - Payment of Claims from Reimbursement Accounts

Current through Reg. 49, No. 28; July 12, 2024
(a) Claim for reimbursement.
(1) Claims for reimbursement of expenses
				incurred during an eligible employee's period of coverage in the plan year may
				be submitted at any time during the plan year, but not later than December 31
				following the close of the plan year.
(2) Claims shall be paid to the extent of
				available flexible benefit dollars allocable to the applicable type of expenses
				and shall only be paid out of flexible benefit dollars for the plan year, in
				which the expense was incurred. The TPA shall compare the participant's
				available balance and the amount of the expense to make certain that claims are
				paid according to the provisions of the Code and these rules.
(3) Expenses incurred prior to becoming a
				participant or after the last day of a plan year, shall not be covered by this
				plan. A terminated participant may continue to file claims for eligible
				expenses incurred during the employee's period of coverage within the plan
				year, if applicable, to exhaust reimbursement account balances no later than
				December 31 following the close of the plan year.
(4) Claims shall be submitted in a manner
				prescribed by the Employees Retirement System of Texas or its designee,
				accompanied by such bills, receipts or other proof of incurring the expense as
				the plan administrator or its designee may require.
(5) A claim form must be submitted each time
				reimbursement or payment is requested, unless using the debit card.
(6) The dependent care and health care
				reimbursement accounts are separate accounts, and funds from one account may
				not be used to reimburse expenses of the other account.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 85 - FLEXIBLE BENEFITS › Section 85.11 - Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) Plan administration. The flexible
				benefits plan is administered by the board of trustees of the Employees
				Retirement System of Texas. The board of trustees of the Employees Retirement
				System of Texas may designate and contract with a TPA to perform the day-to-day
				administrative responsibilities of the TexFlex plan. The TPA shall perform its
				duties as specified in its contract with the plan administrator, the Code,
				rules and all applicable state and federal laws and regulations.
(b) Plan administrator.
(1) The plan administrator shall administer
				all aspects of the plan.
(2) The
				plan administrator shall:
(A) make decisions
				on administrative matters concerning the plans;
(B) adopt and amend rules pursuant to the
				authority granted in Chapter 1551 and ensure that all rules, forms and
				procedures are consistent with state and federal law;
(C) enter into necessary contracts;
(D) take whatever action that it deems
				necessary to ensure compliance with applicable state and federal laws and
				regulations and the sections in this chapter; and
(E) review and approve all marketing
				materials or correspondence from the TPA to participants prior to publication
				or distribution.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 85 - FLEXIBLE BENEFITS › Section 85.12 - Plan Qualification

Current through Reg. 49, No. 28; July 12, 2024
(a) These
				plans, the benefits provided thereunder, or contributions made thereto, shall
				be in compliance with all applicable Code provisions and regulations
				promulgated thereunder, as amended from time to time, regarding
				nondiscrimination, eligibility, and plan qualification requirements.
(b) In the event the plan administrator
				determines that any discrimination in favor of highly compensated employees, as
				defined in Internal Revenue Code §414(q) or under any applicable provision
				of the Code regarding discrimination, has occurred or may occur, the plan
				administrator shall be authorized to cause the election made by any
				participants to be modified to the extent necessary to avoid or cure such
				discrimination. Such participants participating herein shall be deemed, upon
				executing the requisite application for participation, to have expressly
				consented to any modification of the application and salary conversion
				agreement deemed necessary by the plan administrator to prevent discrimination
				from occurring.
(c) Although these
				plans are intended to be fully qualified under the Code, neither the employer,
				the plan administrator, employees, the state of Texas, nor any agent or
				representative thereof, represents that these plans, the benefits provided
				thereunder, or contributions made thereto, at any particular point in time do
				not discriminate in favor of highly compensated employees, as determined in
				accordance with applicable provisions of the Code and regulations promulgated
				thereunder. The employer, the plan administrator, the state of Texas and any
				agent or representative thereof shall be held harmless by any employee,
				participant, their representatives, heirs, beneficiaries, administrators, or
				assigns from any and all tax liability of any nature that might arise by reason
				of these plans being deemed discriminatory at any time and in any regard or by
				reason of plan qualification requirements.
(d) In the event any portion or all of a
				benefit or benefits becomes taxable hereunder, by reason of these plans being
				deemed discriminatory, such benefit shall be treated as received or accrued in
				the taxable year of the participant or key employee in which the plan year ends
				unless applicable law requires inclusion in income at some other time, in which
				case, such law shall be controlling.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 85 - FLEXIBLE BENEFITS › Section 85.15 - Termination and Amendment of Plan

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Termination of plan. The plan is intended to be permanent; however, it may be
				terminated if the board of trustees determines that the plan is no longer
				advantageous to the state or state and institution of higher education
				employees. In such case, the board of trustees may adopt an order terminating
				the plan and providing a procedure for the orderly withdrawal of the state and
				its employees from the Flexible Benefits Program.
(b) Preservation of rights. Termination or
				amendment of the plan shall not affect the rights of any participant to claim
				reimbursement for expenses incurred prior to such termination or amendment, to
				the extent such amount is payable under the terms of the plan, prior to the
				effective date of such termination or amendment.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 85 - FLEXIBLE BENEFITS › Section 85.17 - Grievance Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person
				participating in the flexible benefits program, who is denied reimbursement of
				eligible expenses, may request the plan administrator or its designee to
				reconsider the claim. Any additional documentation in support of the claim may
				be submitted with the request for reconsideration. If the claim is again
				denied, the claim, accompanied by all related documents and copies of
				correspondence with the plan administrator or its designee, may be appealed by
				the person to the executive director of the Employees Retirement System of
				Texas. An appeal must be filed by the person in writing within 90 days from the
				date the plan administrator or its designee formally denies the claim and mails
				notice of this denial and right of appeal to the person.
(b) Any participant with a grievance
				regarding eligibility or other matters involving the TexFlex program may submit
				a written request to the executive director or the executive director's
				designee to make a determination on the matter in dispute.
(c) When the executive director or the
				executive director's designee reviews any matter arising under this section,
				information available to ERS will be considered. When the executive director or
				the executive director's designee completes the review and makes a decision,
				all parties involved will be notified in writing of the decision.
(d) Any participant aggrieved by the
				executive director's or the executive director's designee's decision may appeal
				the decision to the Board's designee provided the decision grants a right of
				appeal.
(1) Appeals of the Board's designee's
				decision will be conducted under the provisions of Chapter 67 of this title
				(relating to Hearings and Disputed Claims) and Chapter 1551, Insurance
				Code.
(2) A notice of appeal to the
				Board's designee must be in writing and filed with ERS within 30 days from the
				date the executive director's or the executive director's designee's decision
				is served on the participant in accordance with §
										67.7
				of this title (relating to Filing and Service of Documents and
				Pleadings).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 85 - FLEXIBLE BENEFITS › Section 85.19 - Termination of Coverage

Current through Reg. 49, No. 28; July 12, 2024
(a) Sanctions for
				Flexible Benefits Program violations. The plan administrator may expel any
				person from the Flexible Benefits Program or any part thereof, or impose any
				other sanction described by the Act, to any person who submits a fraudulent
				claim or otherwise submits a materially false claim or application for
				participation or change in status or defrauds or attempts to defraud any plan
				of benefits under the program or is determined by the executive director to
				have otherwise violated §1551.351 of the Act.
(b) Indebtedness to the Flexible Benefits
				Program. The plan administrator may deny participation in the Flexible Benefits
				Program or any part thereof to any person who is indebted to the program from
				prior enrollments or who has otherwise failed to fulfill contractual
				agreements. Any person denied participation in the Flexible Benefits Program or
				any part thereof due to indebtedness to the Flexible Benefits Program or due to
				the failure to fulfill contractual obligations to the program must repay all
				outstanding indebtedness or otherwise fulfill contractual obligations to the
				program prior to being permitted once again to participate in the Flexible
				Benefits Program. A person who has repaid the indebtedness to the program may
				resume participation in the Flexible Benefits Program two full plan years from
				the date the indebtedness is repaid.
(c) Any appeal of the executive director's
				determination will be conducted in accordance with §1551.351 of the
				Act.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 87 - DEFERRED COMPENSATION › Section 87.3 - Administrative and Miscellaneous Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Plan administrator.
(1) The plan
				administrator shall administer all aspects of the plan.
(2) The plan administrator shall:
(A) act for the state in all administrative
				matters concerning the plan;
(B)
				adopt and amend rules that are consistent with state and federal law;
(C) enter into necessary contracts;
				and
(D) take whatever action is
				necessary to ensure compliance with state and federal law and the sections in
				this chapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 87 - DEFERRED COMPENSATION › Section 87.5 - Participation by Employees

Current through Reg. 49, No. 28; July 12, 2024
(a) Benefits of
				participation. The plan administrator shall cease to accept deferrals to
				investment products approved under the prior plan, with exception of life
				insurance products on or after September 1, 2000. Subject to any changes in
				federal law:
(1) a participant's deferrals
				are not subject to federal income taxation until the deferrals are paid or
				otherwise made available to the participant; and
(2) investment income is not subject to
				federal income taxation until it is paid or otherwise made available to the
				participant.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 87 - DEFERRED COMPENSATION › Section 87.7 - Prior Plan Vendor Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) Prohibited
				activities. A prior plan vendor may not solicit business from employees or
				participants or otherwise participate in the plan until the prior plan vendor
				and the plan administrator have signed a vendor contract. No applications have
				been or will be accepted by the plan administrator for new prior plan vendors
				since January 1, 2000. For purposes of this Chapter, any language referring to
				prior plan vendor qualifications, eligibility or participation requirements
				remains necessary in order for the plan administrator to continue to assess
				whether the prior plan vendor remains an eligible vendor.
(b) Eligibility requirements of a prior plan
				vendor.
(1) Banks. The plan administrator
				shall disapprove a bank's application to become a prior plan vendor if:
(A) the bank is not domiciled in the State of
				Texas;
(B) the FDIC does not insure
				deposits with the bank; or
(C) the
				bank is either not well-capitalized or is adequately capitalized but has not
				obtained a waiver to accept brokered deposits as defined in the Federal Deposit
				Insurance Corporation Improvement Act of 1991,
				Public Law
				102-242, 105 Statute 2236, the Deficit Reduction
				Act of 2005 (P.L.
				109-171), enacted on February 8, 2006, and the
				related regulations.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 87 - DEFERRED COMPENSATION › Section 87.9 - Investment Products

Current through Reg. 49, No. 28; July 12, 2024
(a) Prohibited
				activity. A prior plan vendor or prior plan vendor representative may not
				solicit investments in an investment product after August 31, 2000.
(b) New qualified investment products.
(1) Notwithstanding anything to the contrary
				in the sections in this chapter, other than paragraph (2) of this subsection,
				the plan administrator may not:
(A) approve
				an investment product as a qualified investment product; or
(B) issue a product approval
				notice.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 87 - DEFERRED COMPENSATION › Section 87.11 - Advertising Material and Solicitation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Definition. In this subsection, the term "advertising material" includes:
(1) descriptive literature or advertisements
				of an investment provider or TPA representative that are published in
				newspapers, magazines, or other publications;
(2) material an investment provider or TPA
				representative encloses in mailing to participants or employees;
(3) scripts used in television or radio
				advertisements or in telephone solicitations;
(4) displays on billboards and similar
				media;
(5) scripts, displays and
				any other plan material used on the internet;
(6) descriptive literature, sales talks, and
				sales aids that an investment provider or TPA uses during presentations to
				participants or employees on a group or individual basis;
(7) all material used to solicit:
(A) increased deferrals from existing
				participants;
(B) renewals of
				investments in qualified investment products; or
(C) transfers; and
(8) material distributed by an investment
				provider or TPA to a participant who has invested deferrals and investment
				income in one or more of the qualified investment products.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 87 - DEFERRED COMPENSATION › Section 87.13 - Disclosure

Current through Reg. 49, No. 28; July 12, 2024
(a) Approval of a disclosure form in prior
				plan.
(1) A prior plan vendor may complete an
				annual disclosure form for each investment product in which a plan participant
				has an account balance. If a variable annuity product has several investment
				choices, the plan administrator may require all disclosures related to those
				investment choices. A prior plan vendor may be required by plan administrator
				to complete a disclosure on each investment product that has plan participant
				funds.
(2) Upon receipt, the plan
				administrator shall review a disclosure form to determine whether it complies
				with the requirements of this section in addition to any other applicable state
				or federal regulatory requirements. The plan administrator must approve the
				disclosure form if it complies. Otherwise, the plan administrator shall
				disapprove the disclosure form.
(3)
				A prior plan vendor shall submit its disclosure form to the plan administrator
				upon request even if the disclosure form has not changed. The disclosure form
				must be submitted within 30 days of the plan administrator's request.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 87 - DEFERRED COMPENSATION › Section 87.15 - Transfers

Current through Reg. 49, No. 28; July 12, 2024
(a) Transfers initiated by participants. A
				participant may initiate a transfer of all or part of the participant's
				deferrals and investment income at any time. The number of transfers that a
				participant may initiate per year is unlimited.
(b) Transfers initiated by the plan
				administrator.
(1) Generally.
(A) The plan administrator may initiate a
				transfer of all or part of a participant's deferrals and investment income if
				the plan administrator determines that the transfer would be in the best
				interests of the plan or the participant.
(B) Without limiting the plan administrator's
				authority to initiate a transfer as specified elsewhere in the sections in this
				chapter, the plan administrator may initiate a transfer of all deferrals and
				investment income that are invested in:
(i)
				the qualified investment products of inactive prior plan vendors;
(ii) the qualified investment products of
				prior plan vendors whose participation in the plan has terminated;
				and
(iii) qualified investment
				products whose participation in the plan has terminated.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 87 - DEFERRED COMPENSATION › Section 87.17 - Distributions

Current through Reg. 49, No. 28; July 12, 2024
(a) In general. Upon request, the plan
				administrator or TPA shall authorize the distribution of a participant's
				deferrals and investment income in accordance with the applicable distribution
				agreement so long as:
(1) the participant has
				attained age 70.5;
(2) the
				participant has died;
(3) the
				participant's employment with the state of Texas has terminated other than
				through death;
(4) the participant
				has complied with subsection (l) of this section relating to the one-time
				election of distribution that does not exceed the dollar limit under Code
				§457(e)(9);
(5) the
				participant elects to have any portion of his or her account balance
				transferred to a tax-qualified governmental defined benefit plan (as defined in
				§414(d) of the Code) in the same state or another state that provides for
				the acceptance of plan-to-plan transfers with respect to the participant;
				or
(6) the participant elects a
				transfer to be made if the transfer is either for the purchase of permissible
				service credit (as defined in §415(n)(3) of the Code and as amended by the
				Pension Protection Act of 2006) under the receiving governmental defined
				benefit plan, or if the transfer is for a repayment to which §415 of the
				Code does not apply by reason of §415(k)(3) of the Code.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 87 - DEFERRED COMPENSATION › Section 87.19 - Reporting and Recordkeeping by Prior Plan Vendors

Current through Reg. 49, No. 28; July 12, 2024
(a) Definition of current market value. In
				this section, the term "current market value" has the following meanings.
(1) For an investment in a qualified
				investment product offered by a bank, credit union, or savings and loan
				association, current market value means the amount of deferrals plus investment
				income minus withdrawals minus applicable fees.
(2) For an investment in a mutual fund,
				current market value means the price of each share at the end of the calendar
				quarter multiplied by the number of shares purchased with deferrals and
				investment income minus applicable fees.
(3) For an investment in a term life
				insurance product, the current market value is usually zero.
(4) For an investment in a life insurance
				product, current market value means the cash value of the product minus
				applicable fees.
(5) For an
				investment in an annuity, current market value equals the amount of deferrals
				plus investment income minus payouts minus applicable fees. For annuitized
				accounts, current market value means the present value of all remaining
				payments, taking into consideration the prevailing statutory interest rates
				pursuant to the Texas Insurance Code, Article 3.28.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 87 - DEFERRED COMPENSATION › Section 87.23 - Grievance Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person
				participating in the deferred compensation plan, who is denied payment of
				benefits, may request the plan administrator or its designee to reconsider the
				claim. Any additional documentation in support of the claim may be submitted
				with the request for reconsideration. If the claim is again denied, the claim,
				accompanied by all related documents and copies of correspondence with the plan
				administrator or its designee, may be submitted by the person to the executive
				director of the Employees Retirement System of Texas for review. A request for
				review must be filed by the person in writing within 90 days from the date the
				plan administrator or its designee formally denies the claim and mails notice
				of this denial and right of appeal to the person.
(b) Any person with a grievance regarding
				eligibility or other matters involving the program may submit a written request
				to the executive director to make a determination on the matter in
				dispute.
(c) When the executive
				director reviews any matter arising under this section, all of the available
				information will be considered. When the executive director completes the
				review and makes a decision, all parties involved will be notified in writing
				of the decision.
(d) Any person
				that does not accept the executive director's decision may appeal the decision
				to the board. A notice of appeal to the board must be filed in writing 30 days
				from the date the executive director's decision is mailed by certified
				mail.
(e) Appeals to the board will
				be processed under the provisions of Chapter 67 of this title (relating to
				Hearings and Disputed Claims) and the Administrative Procedure Act, Title 10,
				Subtitle A, Texas Government Code.
(f) As used in this section, the term
				"person" includes any duly authorized representative of such person.
(g) In computing time under this section, the
				day after any mailing by the plan administrator or its designee or the
				executive director shall be counted as the first day of the time period. A
				document is considered to be filed with the executive director when it is
				received by the executive director or when it is postmarked, whichever is
				earlier.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 87 - DEFERRED COMPENSATION › Section 87.25 - Transition

Current through Reg. 49, No. 28; July 12, 2024
(a) This subsection applies only to
				activities, investment products, prior plan vendors' participation in the plan,
				and documents that the plan administrator approved before May 7, 1990. A prior
				plan vendor must comply with the substantive requirements of the sections in
				this chapter by July 1, 1990, to the extent that compliance with the
				requirements is a precondition for obtaining the plan administrator's approval
				of activities, investment products, prior plan vendors' participation in the
				plan, or documents. Compliance is required notwithstanding the plan
				administrator's approval of the activities, investment products, prior plan
				vendors' participation in the plan, or documents before the May 7, 1990. If a
				prior plan vendor does not comply by July 1, 1990, the plan administrator shall
				take appropriate disciplinary action.
(b) A prior plan vendor is deemed to consent
				to each provision and requirement in the sections of this chapter unless the
				plan administrator receives written notice from the prior plan vendor by no
				later than May 18, 1990, that the prior plan vendor is terminating its
				participation in the plan effective no later than July 17, 1990. If the plan
				administrator timely receives the notice from a prior plan vendor:
(1) the prohibition against the charging of
				fees for voluntary termination from the plan in §
										87.7(f)
				of this title (relating to prior plan vendor participation) does not apply to
				the prior plan vendor's qualified investment products; and
(2)
										§
										87.7(f)
				of this title (relating to prior plan vendor participation) does not provide
				participants with the right to continue their life insurance coverage, although
				the terms of a particular life insurance product or state or federal law may
				provide the participants with the right to continue their insurance
				coverage.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 87 - DEFERRED COMPENSATION › Section 87.29 - Termination of Coverage

Current through Reg. 49, No. 28; July 12, 2024
The plan administrator may prohibit any person from deferring
				  funds to the deferred compensation plan who violates the plan for a period to
				  be determined by the plan administrator. Any person with a grievance concerning
				  action taken under this section or the plan document may submit a grievance in
				  accordance with §
									87.23 of this
				  title (relating to Grievance Procedure).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 87 - DEFERRED COMPENSATION › Section 87.34 - Independent Investment Advice

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				plan administrator may offer independent investment advice through a qualified
				independent advisor in accordance with applicable federal
				regulations.
(b) Payment for
				independent investment advice is allowed only from the revised plan.
(c) Applicability.
(1) This section applies to the Texa$aver
				401(k) Plan and Texa$aver 457 Plan, as amended and adopted by the Employees
				Retirement System of Texas.
(2) The
				investment advisor(s) used by the plan administrator must meet reasonable
				qualifications, and agree to act as a fiduciary on behalf of the
				participants.
(3) Payments for
				investment advice under this rule may only be made when the plan administrator
				has determined that it considers the payment to be a reasonable plan
				expense.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
As used in rules and regulations adopted by the Board of
				  Trustees of the Texas County and District Retirement System:
(1) the term "Act" means the Texas Government
				Code, Title 8, Subtitle F, as amended;
(2) the term "board" means the board of
				trustees of the Texas County and District Retirement System;
(3) the term "medical board" means the group
				of physicians designated by the board of trustees in accordance with
				§845.204;
(4) the term "SOAH"
				means the State Office of Administrative Hearings; and
(5) all other words, terms, and phrases as
				used in such rules and regulations shall have the meaning defined in the Act,
				unless the context plainly indicates a different meaning.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.2 - Scope and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) These rules
				shall govern the procedure for the institution, conduct, and determination of
				all claims arising under the Act, and the administration of such other matters
				as are set forth under this Part 5 of Title 34, Administrative Code. They shall
				not be construed so as to enlarge, diminish, modify, or alter the jurisdiction,
				powers, or authority of the system or the substantive rights of any
				person.
(b) Subject to the
				limitation described in subsection (a), the director is authorized to suspend,
				modify or grant an exception to the operation of a rule under this Part 5 of
				Title 34 in individual cases as equity and fairness require to avoid undue
				hardship, where to do so will not prejudice the system or cause delay or
				inconvenience in its management or administration, or cause harm or injury to
				another party, or cause an impermissible suspension, modification, or exception
				to a mandatory qualification requirement under §401(a) of the Internal
				Revenue Code of 1986.
(c) The
				decision to suspend, modify or grant an exception to the operation of a rule in
				an individual case is within the sole and exclusive discretion of the director.
				A determination by the director to grant or deny relief is final and not
				appealable by any person. A determination by the director to grant relief to
				any person does not create a right or privilege in any other person to an
				exception, suspension or modification to a rule, or excuse a failure to comply
				with a rule in all of its particulars.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 101 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 101.3 - Filing of Documents

Current through Reg. 49, No. 28; July 12, 2024
All applications, beneficiary designations, administrative
				  elections, petitions, complaints, replies, and other pleadings seeking to
				  institute any claim, complaint, or other proceeding under the Act, relating to
				  any such proceeding then pending (other than one that has become a "contested
				  case"), or seeking to exercise a right or perform an administrative action
				  under the Act shall be filed with the director at the offices of the system in
				  Austin. Such instruments shall be deemed filed only when actually received,
				  accompanied by the filing fee, if any, required by statute or by rules of the
				  board. An instrument may be filed electronically in accordance with §
									107.9
				  of this title (relating to Electronic Filing of Documents). If a proceeding
				  becomes a "contested case", documents shall thereafter be filed in accordance
				  with §§
									101.16-
				  101.22 of
				  this title.