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)

34 TAC §41.42

The Teacher Retirement System of Texas (TRS) proposes amendments to §41.42, concerning payment of supplemental compensation to employees of school districts, other educational districts, charter schools, and regional education service centers. The section outlines the reporting requirements for school districts, other educational districts whose employees are members of TRS, participating charter schools, or regional education service centers for the payment of supplemental compensation and also defines full-time, part-time, and professional employees, and specifies which classifications of employees are eligible to receive the supplemental compensation. The proposed amendments update the section in light of the discontinuation of TRS's health reimbursement account (HRA) program. The proposed amendments have been adopted on an emergency basis as published in this issue of the Texas Register .

The proposed amendments primarily address the definitions of terms used in the rule. The amendments change the term "professional employee" to "professional staff" but continue to apply the same definition to the renamed term beginning in fiscal year 2005. The amendments also specify which entities are affected by the rule and fully define full-time and part-time employees rather than referring to definitions in prior statutes.

Tony Galaviz, Chief Financial Officer, has determined that for each year of the first five-year period the amendments are in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the rule. There is no foreseeable effect on local employment or local economies as a result of the proposed amendments. There is no anticipated adverse economic effect on small businesses or micro-businesses as a result of compliance with the proposed amendments.

Mr. Galaviz has also determined that for each year of the first five years the proposed rule is in effect the public benefit anticipated as a result of the rule will be that affected employers and employees will have notice of these requirements, employers will know which employees receive what amount of supplemental compensation, and only eligible individuals will receive the supplemental compensation. Mr. Galaviz has determined that there are no anticipated economic costs to persons required to comply with the proposed rule.

Comments on the proposal may be submitted to Ronnie Jung, Executive Director, 1000 Red River, Austin, Texas 78701.

The amendments are proposed under Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system and for the transaction of business of the Board. These amendments are also proposed under House Bill 1, 78th Legislature, Regular Session, which defines the supplemental compensation program beginning on September 1, 2004.

There are no other codes affected.

§41.42.Payment of Supplemental Compensation.

(a) For each designated report month, a school district, other educational district whose employees are members of TRS, participating charter school, or regional education service center [ entities eligible to receive and to hold in trust supplemental compensation under Insurance Code Article 3.50-8 or Insurance Code Chapter 1580 ] ("entity" or "entities") shall report to the Texas Education Agency (TEA), in the manner prescribed by TRS, the number of full-time and part-time employees, as defined herein, eligible to receive supplemental compensation and the total number of professional staff [ employees ], as defined herein, as determined by the entity in accordance with requirements established by TRS. TEA must receive each monthly report by 5:00 p.m. Central Time on the 10th calendar day of each month, or, if that date is not a business day, by 5:00 p.m. Central Time on the first business day after the 10th calendar day of the month. TEA or TRS may dispute, seek verification of, or conduct an investigation regarding the reported number of employees and staff [ participating members ] at any time after receiving the report.

(b) For purposes of this section, an individual is employed as a full-time employee if the individual :

(1) is a participating member of TRS;

(2) is employed by a school district, other educational district whose employees are members of TRS, participating charter school, or regional education service center;

(3) is not a retiree covered under the Texas Public School Retired Employees Group Benefits Program established under Chapter 1575, Texas Insurance Code;

(4) [ meets the definition of "employee under Article 3.50-8 or Chapter 1580, Insurance Code, the individual ] is not [ a ] professional staff; [ employee, ] and [ the individual ]

(5) works for an entity or any combination of entities for 30 or more hours each week.

(c) For purposes of this section, an individual is employed as a part-time employee if the individual :

(1) is a participating member of TRS;

(2) is employed by a school district, other educational district whose employees are members of TRS, participating charter school, or regional education service center;

(3) is not a retiree covered under the Texas Public School Retired Employees Group Benefits Program established under Chapter 1575, Texas Insurance Code;

(4) [ meets the definition of "employee" under Article 3.50-8 or Chapter 1580, Insurance Code, the individual ] is not [ a ] professional staff; [ employee, ] and

(5) [ the individual ] works for an entity or any combination of entities for less than 30 hours each week.

(d) For purposes of this section , beginning in [ during ] state fiscal year 2005 [ 2004 ], an individual is [ a ] professional staff [ employee ] if:

(1) 50% or more of the individual's time is reported under any combination of the following role identifications in the Public Education Information Management System (PEIMS), or under any subsequently created role identifications that describe roles that are substantially similar to the ones identified in this paragraph:

Figure: 34 TAC §41.42(d)(1) (No change.)

(2) or the individual is employed by a regional education service center and 50% or more of the individual's time is reported under any combination of the following role identifications in PEIMS, or under any subsequently created role identifications that describe roles that are substantially similar to the ones identified in this paragraph:

Figure: 34 TAC §41.42(d)(2) (No change.)

(3) or , regardless of how the individual's time is reported in PEIMS, 50% or more of the individual's time is reported in a role that is substantially similar to a role set out in paragraph (1) or (2) of this subsection, as determined by the reporting entity or combination of entities.

(e) If TEA receives the report on or before the deadline and neither TRS nor TEA seeks verification of, investigates, or otherwise disputes information in the report upon initial review, subject to later adjustment if TRS determines that there are errors in the report, TRS will remit to the entity, subject to the availability of funds appropriated for this purpose:

(1) an amount equal to the number of full-time employees, reported by the entity for the reporting month divided by 12 and multiplied by $500;

(2) an amount equal to the number of part-time employees reported by the entity for the reporting month divided by 12 and multiplied by $250.

(f) If a report is submitted after the deadline under this section, remittance to the reporting entity will be delayed by at least one month even if neither TEA nor TRS disputes or seeks verification of the numbers reported. In the first month an individual becomes eligible for the supplement, all entities must begin to distribute the appropriate monthly supplement to each eligible individual employed by the entity, regardless of whether reports are submitted in accordance with the deadlines and other requirements of this section. Entities must continue to make the appropriate monthly distribution to eligible individuals for so long as such individuals are employed, as determined by the entity, for at least one day of the applicable month, provided that the individual did not receive a monthly distribution from another entity for employment that occurred earlier in the same month. Entities must submit proposed adjustments to previously reported numbers through September 30 of the fiscal year following the reporting month. TRS or TEA may make adjustments to previously reported numbers and may make a corresponding increase or decrease in funds that would otherwise be remitted to an entity, at any time after receipt of a report.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 22, 2004.

TRD-200407472

Ronnie Jung

Executive Director

Teacher Retirement System of Texas

Proposed date of adoption: February 25, 2005

For further information, please call: (512) 542-6115