Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 41 - HEALTH CARE AND INSURANCE PROGRAMS › Subchapter C - TEXAS SCHOOL EMPLOYEES GROUP HEALTH (TRS-ACTIVECARE) › Section 41.40 - Coverage Continuation While on Leave Without Pay

Current through Reg. 49, No. 28; July 12, 2024
(a) Full-time and part-time employees covered
				  under TRS-ActiveCare who are placed on leave-without-pay-status by a
				  participating entity in accordance with that entity's personnel policies, and
				  their eligible covered dependents, may continue participation in TRS-ActiveCare
				  in accordance with this section under the coverage plan in effect the day
				  before leave without pay begins. For purposes of this section,
				  "leave-without-pay status" includes unpaid leave taken in accordance with the
				  Family and Medical Leave Act of 1993 or other applicable law.
(b) Individuals who were placed on
				  leave-without-pay status by a participating entity in accordance with that
				  employer's personnel policies or applicable law prior to the date the employer
				  became a participating entity may enroll in TRS-ActiveCare in accordance with
				  §
										41.36
				  of this title (relating to Enrollment Periods for TRS-ActiveCare) if they were
				  covered by the participating entity's health coverage plan on the day before
				  the employer became a participating entity and provided they would meet
				  eligibility requirements under §
										41.34
				  of this title (relating to Eligibility for Coverage under the Texas School
				  Employees Uniform Group Health Coverage Program) but for their
				  leave-without-pay status.
(c)
				  Individuals who were placed on leave-without-pay status by a participating
				  entity in accordance with that employer's personnel policies or applicable law
				  prior to the date the employer became a participating entity, but who were not
				  covered by the participating entity's health coverage plan on the day before
				  the employer became a participating entity, may enroll in TRS-ActiveCare in
				  accordance with §
										41.36
				  of this title when they return to work and provided they meet eligibility
				  requirements under §
										41.34
				  of this title.
(d) Unless otherwise
				  required by applicable law, continued coverage for an individual described in
				  subsection (a) or (b) of this section shall terminate the earlier of:
(1) 11:59 p.m. Austin Time on the last
				  calendar day of the month for which premiums are paid;
(2) 11:59 p.m. Austin Time on the last
				  calendar day of the month in which the employment of the covered individual, or
				  the individual under whom a dependent qualified for coverage, terminates as
				  determined by the participating entity, except as otherwise provided under
				  §
											41.39
				  of this title (relating to Coverage for Individuals Changing
				  Employers);
(3) 11:59 p.m. Austin
				  Time on the last calendar day of the month in which a covered individual, or
				  the individual under whom a dependent qualified for coverage, is no longer
				  eligible for coverage under TRS-ActiveCare under §
											41.34
				  of this title due to requirements unrelated to leave-without-pay status;
				  or
(4) 11:59 p.m. Austin Time on
				  the last calendar day of the sixth month following the month in which coverage
				  continuation under this section began for either the covered individual, or for
				  the individual under whom a dependent qualified for coverage.