§ 1575.004 — DEFINITION OF RETIREE.

Texas § 1575.004

• Jurisdiction: Texas
• Code IN: Insurance Code

Text

Sec. 1575.004. DEFINITION OF RETIREE. (a) In this chapter, "retiree" means:
(1) an individual not eligible for coverage under a plan provided under Chapter 1551 or 1601 who:
(A) has taken a service retirement under the Teacher Retirement System of Texas after September 1, 2005, with at least 10 years of service credit in the system, which may include up to five years of military service credit, but which may not include any other service credit purchased for equivalent or special service credit, and either:
(i) the sum of the retiree's age and years of service credit in the retirement system equals or exceeds 80 at the time of retirement, regardless of whether the retiree had a reduction in the retirement annuity for early age; or
(ii) the retiree has 30 or more years of service credit in the retirement system at the time of retirement;
(B) has taken a service retirement under the Teacher Retirement System of Texas after September 1, 2004, but on or before August 31, 2005, and on September 1, 2005, either:
(i) meets the requirements for eligibility for the group program for coverage as a retiree as those requirements existed on August 31, 2004;
(ii) meets the requirements of Paragraph (A); or
(iii) is enrolled in the group program and was enrolled in the group program on August 31, 2005; or
(C) has taken a service retirement under the Teacher Retirement System of Texas on or before August 31, 2004, and who is enrolled in the group program on August 31, 2005;
(2) an individual who:
(A) has taken a disability retirement under the Teacher Retirement System of Texas; and
(B) is entitled to receive monthly benefits from the Teacher Retirement System of Texas; or
(3) an individual who:
(A) has taken a disability retirement under the Teacher Retirement System of Texas;
(B) has at least 10 years of service credit in the Teacher Retirement System of Texas on the date of disability retirement, as determined under Section 824.304 , Government Code; and
(C) is not entitled to receive monthly benefits from the Teacher Retirement System of Texas because those benefits have been suspended in accordance with Section 824.310 , Government Code.
(b) In this section, "public school" has the meaning assigned by Section 821.001 , Government Code.
(c) For purposes of this section, to meet the requirements for eligibility that existed on August 31, 2004, for a service retiree, an individual must not have been eligible to be covered by a plan provided under Chapter 1551 or 1601 and must have taken a service retirement under the Teacher Retirement System of Texas with either:
(1) at least 10 years of service credit in the retirement system for actual service in public schools in this state; or
(2) at least five years of service credit for actual service in the public schools in this state and five years of out-of-state service credit in the Teacher Retirement System of Texas.

Legislative History

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 48, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1231, Sec. 2, eff. Sept. 1, 2004; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.415, eff. Sept. 1, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 16.05, eff. Sept. 1, 2004. Amended by: Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691 ), Sec. 38, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427 ), Sec. 15, eff. September 1, 2007.