Texas Attorney General Opinion: H-859 Page: 1 of 4
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THE ATIRNEV GENERAL
OF TEXAS
~ . AUSTIXN.TEXAS 7S711
^t[rwonNar GEaNER^L August 9, 1976
The Honorable Everett L. Anschutz Opinion No. H-859
Executive Secretary
Employees Retirement System Re: Validity of rule
of Texas that state contribution
P. O. Box 12337, Capitol Station to employees' insurance
Austin, Texas 78711 must be applied to the
state basic insurance
plan.
Dear Mr. Anschutz:
You have requested our opinion regarding the authority
of the Board of Trustees of the Employees Retirement System
to promulgate a rule requiring that state contributions
under article 3.50-2 of the Texas Insurance Code be applied
only to an approved "basic plan." This question has arisen
because some state employees, principally those with private
hospitalization or life insurance plans wish to forego parti-
cipating in a basic plan of coverage and elect to participate
only in optional features of the program.
The Board of Trustees of the Employees Retirement
System is charged with the administration of the Texas
Employees Uniform Group Insurance Benefits Act, article
3.50-2, Texas Insurance Code. Sections 3(a) (ll), 4. Pur-
suant to that authority, the Board has promulgated Rule
335.80.00.108, which provides:
For each person covered either as an
employee or as a retiree, an agency
shall pay toward the cost of the employee's
or retiree's group insurance coverage an
amount equal to that authorized by the
legislature in the general appropriations
act. That amount shall be applied only to
the active employee basic plans or the
retiree plan. (Emphasis aaeT.p. 3623
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-859, text, August 9, 1976; (https://texashistory.unt.edu/ark:/67531/metapth271383/m1/1/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.