1. (a) The initial enrollment period for eligible Teacher Retirement System retirees or their surviving spouses to elect coverage for themselves or their dependents under the Texas Public School Retired Employees Group Insurance Program (TRS-Care), including any increased level of coverage, shall end on January 31, 1987, if the retiree's effective date of retirement or date of death occurred before January 1, 1987.

2. (b) Such enrollment period for eligible Teacher Retirement System retirees who retire after December 31, 1986, or surviving spouses of eligible retirees who die after December 31, 1986, will end:

   1. (1) for eligible retirees, 31 days after their effective retirement date; and
   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 the Texas Public School Retired Employees Group Insurance Program to the survivor, whichever is later.
3. (c) The enrollment period for a surviving spouse of a deceased active member, as defined by the Insurance Code, Article 3.50-4, §2, Subdivision 11, and for a surviving dependent child, as defined by The 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 the Texas Public School Retired Employees Group Insurance Program to the survivor, whichever is later.

4. (d) Notwithstanding the provisions of subsections (a), (b), and (c) 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.
5. (e) 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.