PART 3. TEACHER RETIREMENT SYSTEM OF TEXAS
CHAPTER 41. HEALTH CARE AND INSURANCE PROGRAMS
SUBCHAPTER B. LONG-TERM CARE, DISABILITY AND LIFE INSURANCE
The Teacher Retirement System of Texas (TRS) proposes to repeal §§41.15 - 41.20 under Subchapter B (relating to Long-Term Care, Disability, and Life Insurance) of Chapter 41 in Part 3 of Title 34 of the Texas Administrative Code.
BACKGROUND AND PURPOSE
TRS proposes to repeal Subchapter B of Chapter 41, which contains six existing rules, in order to streamline and clarify Chapter 41 of TRS rules (relating to Health Care and Insurance Programs) by eliminating obsolete administrative rules. Additionally, repealing the six rules under Subchapter B will allow TRS to use these rule numbers for future rulemaking relating to Subchapter A of Chapter 41 (relating to Retiree Health Care Benefits (TRS-Care)). The six existing rules that TRS proposes to repeal are not currently in use, and TRS recommended their repeal in its four-year rule review, which was adopted on August 12, 2022. Their repeal will have no effect on TRS health plans or its participants.
FISCAL NOTE
Don Green, TRS Chief Financial Officer, has determined that for each year of the first five years the proposed repealed rules will be in effect, there will be no foreseeable fiscal implications for state or local governments as a result of administering the proposed repealed rules.
PUBLIC COST/BENEFIT
For each year of the first five years the proposed repealed rules will be in effect, Mr. Green also has determined that the public benefit anticipated as a result of adopting the proposed repealed rules will streamline and clarify Chapter 41 by eliminating stale or obsolete administrative rules. Additionally, repealing Subchapter B will allow TRS to use these rule numbers for future rulemaking relating to Subchapter A of Chapter 41.
Mr. Green has also determined that the public will incur no new costs as a result of the proposed repealed rules.
ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS
TRS has determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed repealed rules. Therefore, neither an economic impact statement nor a regulatory flexibility analysis is required under Government Code §2006.002.
LOCAL EMPLOYMENT IMPACT STATEMENT
TRS has determined that there will be no effect on local employment because of the proposed repealed rules. Therefore, no local employment impact statement is required under Government Code §2001.022.
GOVERNMENT GROWTH IMPACT STATEMENT
TRS has determined that for the first five years the proposed repealed rules are in effect, the proposed repealed rules will not create or eliminate any TRS programs; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to TRS; will not eliminate any fees currently paid to TRS; will not create a new regulation; will not expand or limit an existing regulation; will not increase or decrease the number of individuals subject to the rule's applicability; and will not affect the state's economy.
The proposed repealed rules will repeal six existing rules for the reasons stated above in this preamble.
TAKINGS IMPACT ASSESSMENT
TRS has determined that there are no private real property interests affected by the proposed repealed rules, therefore, a takings impact assessment is not required under Government Code §2007.043.
COSTS TO REGULATED PERSONS
TRS has determined that Government Code §2007.045 does not apply to the proposed repealed rules because the proposed repealed rules do not impose a cost on regulated persons.
COMMENTS
Comments may be submitted in writing to Brian Guthrie, TRS Executive Director, 1000 Red River Street, Austin, Texas 78701-2698. Written comments must be received by TRS no later than 30 days after publication of this notice in the Texas Register.
STATUTORY AUTHORITY
The proposed repealed rules are proposed under the authority of Government Code § 1576.006, which provides that board of trustees may adopt rules as necessary to administer Chapter 1576 of the Insurance Code; and Government Code §825.102, which authorizes the board of trustees to adopt rules for the transaction of the business of the board.
CROSS-REFERENCE TO STATUTE
The proposed repealed rules affect the following statutes: Insurance Code §1576.001 through Insurance Code §1576.013, which relate to TRS provided Group Long-Term Care Insurance for Public School Employees.
§41.15.Requirements to Bid on Group Long-Term Care Insurance Under Chapter 1576 of the Insurance Code.
§41.16.Coverage Offered Under the Texas Public School Employees and Retirees Group Long-Term Care Insurance Program.
§41.17.Definitions.
§41.18.Eligibility for the Texas Public School Employees and Retirees Group Long-Term Care Insurance Program.
§41.19.Initial Enrollment Periods for Texas Public School Employees and Retirees Group Long-Term Care Insurance Program.
§41.20.Effective Date of Coverage Under the Texas Public School Employees and Retirees Group Long-Term Care Insurance Program.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 30, 2023.
TRD-202302392
Don Green
Chief Financial Officer
Teacher Retirement System of Texas
Earliest possible date of adoption: August 13, 2023
For further information, please call: (512) 542-3528