1. (a) The initial enrollment period in the Texas Public School Retired Employees Group Benefits Program (TRS-Care) for eligible Teacher Retirement System of Texas (TRS) retirees who take a service retirement before September 1, 2004 expires at the end of the later of:

   1. (1) the 31st day after their effective retirement date; or
   2. (2) the 31st day following the last day of the month in which their election to retire is received by TRS.

2. (b) The initial enrollment period in TRS-Care for TRS retirees who take a service retirement after September 1, 2004 and who are eligible to enroll in TRS-Care at the time of retirement expires at the end of the later of:

   1. (1) the 31st day after their effective retirement date; or
   2. (2) the 31st day following the last day of the month in which their election to retire is received by TRS.
3. (c) The initial enrollment period in TRS-Care for eligible TRS disability retirees expires at the end of the 31st day after the date that the disability retirement is approved by the TRS Medical Board.

4. (d) The initial enrollment period in TRS-Care for a surviving spouse and a surviving dependent child of an eligible retiree expires at the end of the later of:

   1. (1) the 31st day after the end of the month in which the eligible retiree died; or
   2. (2) the 31st day after the date of the notice of eligibility that is sent to the surviving spouse or the surviving dependent child at the individual's last known address, as shown in the TRS-Care records.

5. (e) The initial enrollment period for a surviving spouse of a deceased active member and for a surviving dependent child, as both are defined by §1575.003, Insurance Code, expires at the end of the later of:

   1. (1) the 31st day after the end of the month in which the active member died; or
   2. (2) the 31st day following the date of the notice of opportunity to enroll that is sent to the surviving spouse or the surviving dependent child at the individual's last known address, as shown in the TRS-Care records.

6. (f) TRS retirees who take a service retirement after September 1, 2004 and who are eligible to enroll in TRS-Care at the time of retirement under only subsection (c)(4) of §41.10 of this chapter (relating to Eligibility to Enroll in the Texas Public School Retired Employees Group Benefits Program) ("Grandfathered Retirees") will have a second initial enrollment period when they first meet the requirements to enroll in TRS-Care under either subsection (c)(1), (c)(2), or (c)(3) of §41.10 of this chapter.

   1. (1) This second initial enrollment period is also available to Grandfathered Retirees who waive or drop their TRS-Care coverage during or after their initial enrollment period. The second initial enrollment period is available when the Grandfathered Retirees first meet the requirements to enroll in TRS-Care under either subsection (c)(1), (c)(2), or (c)(3) of §41.10 of this chapter.

   2. (2) The second initial enrollment period expires at the end of the later of:

      1. (A) the 31st day following the last day of the month in which the Grandfathered Retiree first becomes or would have become eligible to enroll in TRS-Care under subsection (c)(1), (c)(2), or (c)(3) of §41.10 of this chapter; or
      2. (B) the 31st day after the date of the notice of opportunity to enroll that is sent to the Grandfathered Retiree at the retiree's last known address, as shown in the TRS-Care records.
   3. (3) A Grandfathered Retiree can choose any tier of TRS-Care coverage during the second enrollment period.

7. (g) Notwithstanding the other provisions of this section:

   1. (1) A retiree may enroll a new spouse within 31 days of the date on which the retiree marries;
   2. (2) A retiree or surviving spouse may enroll a child who becomes a dependent as defined by §1575.003, Insurance Code, within 31 days after the date on which the child becomes a dependent eligible for coverage under TRS-Care; and
   3. (3) A participant shall be entitled to all applicable COBRA rights under the Federal Public Health Service Act.
8. (h) If a retiree or surviving spouse fails to enroll a newly eligible spouse or dependent child within the time periods set out in subsection (g) of this section, the retiree or surviving spouse will not be able to enroll the spouse or dependent child in TRS-Care until a subsequent enrollment period.

Source Note:The provisions of this §41.1 adopted to be effective April 7, 1987, 12 TexReg 1000; amended to be effective November 6, 1987, 12 TexReg 3926; amended to be effective June 15, 1999, 24 TexReg 4460; amended to be effective March 12, 2003, 28 TexReg 2112; amended to be effective August 25, 2004, 29 TexReg 8128.