2005 Texas Local Government Code CHAPTER 175. RIGHT OF CERTAIN MUNICIPAL AND COUNTY EMPLOYEES TO PURCHASE CONTINUED HEALTH COVERAGE AT RETIREMENT

LOCAL GOVERNMENT CODE

CHAPTER 175. RIGHT OF CERTAIN MUNICIPAL AND COUNTY EMPLOYEES TO 
PURCHASE CONTINUED HEALTH COVERAGE AT RETIREMENT


	§ 175.001. APPLICABILITY.  This chapter applies to a 
person who:          
		(1)  retires from county employment in a county with a 
population of 75,000 or more or municipal employment in a 
municipality with a population of 25,000 or more;  and
		(2)  is entitled to receive retirement benefits from a 
county or municipal retirement plan.

Added by Acts 1993, 73rd Leg., ch. 663, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Local Government Code § 174.001 by 
Acts 1995, 74th Leg., ch. 76, § 17.01(38), eff. Sept. 1, 1995.


	§ 175.002. RIGHT TO PURCHASE CONTINUED COVERAGE.  (a) A 
person to whom this chapter applies is entitled to purchase 
continued health benefits coverage for the person and the person's 
dependents as provided by this chapter unless the person is 
eligible for group health benefits coverage through another 
employer.  The coverage shall be provided under the group health 
insurance plan or group health coverage plan provided by or through 
the employing county or municipality to its employees.
	(b)  To receive continued coverage under this chapter, the 
person must inform the employing county or municipality, not later 
than the day on which the person retires from the county or 
municipality, that the person elects to continue coverage.
	(c)  If the person elects to continue coverage for the person 
and on any subsequent date elects to discontinue such coverage, the 
person is no longer eligible for coverage under this chapter.
	(d)  If the person elects to continue coverage for any 
dependent and on any subsequent date elects to discontinue such 
coverage, the dependent is no longer eligible for coverage under 
this chapter.

Added by Acts 1993, 73rd Leg., ch. 663, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Local Government Code § 174.002 by 
Acts 1995, 74th Leg., ch. 76, § 17.01(38), eff. Sept. 1, 1995.


	§ 175.003. LEVEL OF COVERAGE.  (a) The person may elect to 
cover the same persons who were covered under the county's or 
municipality's group health insurance plan or group health coverage 
plan through the person at the time the person left county or 
municipal employment, or the person may elect to discontinue 
coverage for one or more persons.  A person who was not covered 
under the plan at the time the person to whom this chapter applies 
left county or municipal employment is not eligible for coverage 
under this chapter.
	(b)  Except as provided by Subsections (c) and (d), the level 
of coverage provided under this chapter at any given time is the 
same level of coverage provided to current employees of the county 
or municipality at that time.
	(c)  A county or municipality may substitute Medicare 
supplement health benefits coverage as the coverage provided for a 
person who receives health benefits coverage under this chapter, 
including a dependent, after the date that the person becomes 
eligible for federal Medicare benefits.
	(d)  The person may elect to continue coverage at a reduced 
level, if offered by the county or municipality.

Added by Acts 1993, 73rd Leg., ch. 663, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Local Government Code § 174.003 by 
Acts 1995, 74th Leg., ch. 76, § 17.01(38), eff. Sept. 1, 1995.


	§ 175.004. PAYMENT FOR COVERAGE.  A person who is 
entitled to continued coverage under this chapter is entitled to 
make payments for the coverage at the same time and to the same 
entity that payments for the coverage are made by current employees 
of the county or municipality.

Added by Acts 1993, 73rd Leg., ch. 663, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Local Government Code § 174.004 by 
Acts 1995, 74th Leg., ch. 76, § 17.01(38), eff. Sept. 1, 1995.


	§ 175.005. DUTY TO INFORM RETIREE OF RIGHTS.  A county and 
a municipality shall provide written notice to a person to whom this 
chapter may apply of the person's rights under this chapter not 
later than the date the person retires from the county or 
municipality.  A county or municipality may fulfill its 
requirements under this section by placing the written notice 
required by this section in a personnel manual or employee handbook 
that is available to all employees.

Added by Acts 1993, 73rd Leg., ch. 663, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Local Government Code § 174.005 by 
Acts 1995, 74th Leg., ch. 76, § 17.01(38), eff. Sept. 1, 1995.


	§ 175.006. CERTAIN MATTERS NOT AFFECTED.  This chapter 
does not:          
		(1)  prohibit a county or municipality from uniformly 
changing the group health insurance plan or group health coverage 
plan provided for its employees and retirees;
		(2)  affect the definition of a dependent or the 
eligibility requirements for a dependent under a plan;
		(3)  prohibit a county or municipality from agreeing 
with a person to deduct the cost of coverage provided under this 
chapter from a pension check;
		(4)  prohibit a county or municipality from agreeing 
with a person to pay for the coverage provided under this chapter 
provided the person reimburses the county or municipality for the 
actual cost of the coverage;
		(5)  prohibit a county, municipality, or a pool 
established under Chapter 172 from increasing the cost of group 
health coverage to its employees and to persons covered under this 
chapter to reflect the increased cost, if any, attributable to 
compliance with this chapter;
		(6)  affect the right of a county or municipality to 
provide coverage under Chapter 172;  or
		(7)  affect the right of a county, municipality, or a 
pool established under Chapter 172 to offer the coverage at the same 
rate that is available to active employees or to offer the coverage 
at a reasonable or actual rate established for retirees that may be 
greater than the rate offered to active employees.

Added by Acts 1993, 73rd Leg., ch. 663, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Local Government Code § 174.006 by 
Acts 1995, 74th Leg., ch. 76, § 17.01(38), eff. Sept. 1, 1995.


	§ 175.007. EXEMPTIONS.  (a) A county or municipality that 
does not provide health benefits coverage through a self-insured 
plan or a plan authorized under Chapter 172 is not required to 
provide coverage under this chapter if the county or municipality 
makes a good faith effort to purchase insurance coverage that 
includes coverage required by this chapter from an insurance 
company authorized to do business in this state and from pools 
established under Chapter 172 but is unable to find a provider for 
the coverage.
	(b)  A county or municipality that is providing coverage 
substantially similar to or better than the coverage required by 
this chapter is exempt from this chapter.

Added by Acts 1993, 73rd Leg., ch. 663, § 1, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Local Government Code § 174.007 by 
Acts 1995, 74th Leg., ch. 76, § 17.01(38), eff. Sept. 1, 1995.