The following words and terms when used in subchapter C or in connection with the administration of Insurance Code §3.50-7 shall have the following meanings unless the context clearly indicates otherwise.

1. (1) Dependent--All individuals described by Insurance Code 3.50-7, §2(3), including an unmarried child under 25 years of age ("child") who is described by any one of the following subparagraphs at all times during which the child is receiving coverage under the TRS-ActiveCare Program.

   1. (A) A child under the legal guardianship of a full-time or part-time employee;
   2. (B) A full-time or part-time employee's grandchild whose primary residence is the household of that full-time or part-time employee if the child is a dependent of the full-time or part-time employee for federal income tax purposes; or
   3. (C) A child in a regular parent-child relationship with a full-time or part-time employee, meaning that the child's primary residence is the household of that full-time or part-time employee, the full-time or part-time employee provides at least 50% of the child's support, neither of the child's natural parents reside in that household, and the full-time or part-time employee has the legal right to make decisions regarding the child's medical care.

2. (2) Full-time employee--A participating member who:

   1. (A) is currently employed by a participating entity;
   2. (B) is eligible for membership in the Teacher Retirement System of Texas based on current full-time service as described by §25.1 of this title (relating to Full-Time Service), or based on current employment as a bus driver as described by §25.2 of this title (relating to Bus Drivers); and
   3. (C) is not receiving coverage as an employee or retiree from a uniform group insurance program under the Texas Employees Uniform Group Insurance Benefits Act (Insurance Code article 3.50-2) or the Texas State College and University Employees Uniform Group Insurance Benefits Act (Insurance Code article 3.50-3) or the Texas Public School Employees Group Insurance Program established under Insurance Code article 3.50-4 (TRS-Care).
3. (3) HMO--A health maintenance organization holding a valid certificate of authority issued by the Texas Department of Insurance and approved by TRS to provide health care benefits to eligible full-time and part-time employees and their eligible dependents.
4. (4) Participating entity--An entity participating in the TRS-ActiveCare program including a school district; another educational district whose employees are members of the retirement system; a regional education service center; and a charter school that meets the requirements of Insurance Code article 3.50-7. An entity is considered to be participating in the TRS-ActiveCare program on and after the first date coverage becomes effective for its employees.
5. (5) Participating member--A person defined by Government Code §§822.001 and 822.002 whose membership in the retirement system has not been terminated as described by Government Code §§822.003 - 822.006 and who is currently contributing to the Teacher Retirement System of Texas pension trust fund in accordance with Government Code §825.403.

6. (6) Part-time employee--An individual who is currently employed by a participating entity for 10 hours or more each week; and:

   1. (A) is not a full-time employee;
   2. (B) is not a retiree who waived coverage under the Texas Public School Employees Group Insurance Program established under Insurance Code article 3.50-4 (TRS-Care); and
   3. (C) is not receiving coverage as an employee or retiree from a uniform group insurance program under the Texas Employees Uniform Group Insurance Benefits Act (Insurance Code article 3.50-2) or the Texas State College and University Employees Uniform Group Insurance Benefits Act (Insurance Code article 3.50-3) or the Texas Public School Employees Group Insurance Program established under Insurance Code article 3.50-4 (TRS-Care).
7. (7) Plan year--A plan year begins on the first day of September and ends on the last day of the following August.
8. (8) TRS-ActiveCare program--The Texas School Employees Uniform Group Health Coverage Program established by Insurance Code article 3.50-7.
9. (9) Trustee or TRS--The Teacher Retirement System of Texas acting in its capacity as trustee under Insurance Code article 3.50-7.

Source Note:The provisions of this §41.33 adopted to be effective August 26, 2002, 27 TexReg 7970; amended to be effective January 28, 2003, 28 TexReg 743.