1. (a) The initial enrollment period in the Texas Public School Retired Employees Group Insurance Program (TRS-Care) for eligible Teacher Retirement System of Texas (TRS) retirees, or surviving spouses of eligible retirees, will end:

   1. (1) for eligible service retirees at the later of:

      1. (A) 31 days after their effective retirement date; or
      2. (B) the 31st day following the last day of the month in which their election to retire is received by TRS.
   2. (2) for surviving spouses, 31 days after the end of the month in which the eligible retiree died or 31 days following the date of notice of eligibility sent by TRS-Care to the survivor, whichever is later.
   3. (3) for eligible disability retirees, 31 days after the date that the disability retirement is approved by the TRS Medical Board.
2. (b) The enrollment period for a surviving spouse of a deceased active member, as defined by Insurance Code, Article 3.50-4, §2, Subdivision 11, and for a surviving dependent child, as defined by Insurance Code, Article 3.50-4, §2, Subdivision 13, will end 31 days after the end of the month in which the eligible member or retiree died or 31 days following the date of notice of eligibility sent by TRS-Care to the survivor, whichever is later.

3. (c) Notwithstanding the provisions of subsections (a) and (b) of this section:

   1. (1) a participant in TRS-Care 1 will have coverage increased to TRS-Care 2 upon becoming eligible for Medicare;
   2. (2) A retiree may elect coverage for a spouse within 31 days of the date on which the retiree is married;
   3. (3) A retiree or surviving spouse may add coverage for children within 31 days after the date on which the retiree or surviving spouse first acquires a child eligible for coverage under TRS-Care;
   4. (4) a participant shall be entitled to all applicable rights under the Federal Public Health Service Act (COBRA), Title XXII.
4. (d) A participant's dependent coverage, if elected, will continue until the end of the month of the participant's death.

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.