34 Tex. Admin. Code § 85.11 - Administration
(a) Plan administration. The flexible
benefits plan is administered by the board of trustees of the Employees
Retirement System of Texas. The board of trustees of the Employees Retirement
System of Texas may designate and contract with a TPA to perform the day-to-day
administrative responsibilities of the TexFlex plan. The TPA shall perform its
duties as specified in its contract with the plan administrator, the Code,
rules and all applicable state and federal laws and regulations.
(b) Plan administrator.
(1) The plan administrator shall administer
all aspects of the plan.
(2) The
plan administrator shall:
(A) make decisions
on administrative matters concerning the plans;
(B) adopt and amend rules pursuant to the
authority granted in Chapter 1551 and ensure that all rules, forms and
procedures are consistent with state and federal law;
(C) enter into necessary contracts;
(D) take whatever action that it deems
necessary to ensure compliance with applicable state and federal laws and
regulations and the sections in this chapter; and
(E) review and approve all marketing
materials or correspondence from the TPA to participants prior to publication
or distribution.
(c) Third Party Administrator (TPA). The TPA
shall perform all day-to-day administrative duties as assigned by the plan
administrator.
(d) Miscellaneous
provisions.
(1) The participation in the plan
of an employee is subject to changes in applicable state and federal laws and
regulations and the sections in this chapter.
(2) The plan year begins on September 1 of
each year and ends on August 31. The run-out period for filing claims for
services used during the plan year, ends on December 31.
(3) The mailing address of the plan
administrator is: Plan Administrator, TexFlex Plan, Employees Retirement System
of Texas, P.O. Box 13207, Austin, Texas 78711-3207.
(4) If a provision in the sections in this
chapter conflicts with a federal law, rule, or regulation governing the plan,
then the law, rule, or regulation prevails over the provision.
(5) The participation of an employee in the
plan does not give the employee a legal or equitable right against the
participant's employing state agency, institution of higher education, the plan
administrator, TPA or the state of Texas except as provided in the sections in
this chapter. The plan does not affect the terms of employment between a
participant and the participant's employing state agency or institution of
higher education.
(6) If a time
limit is expressed in terms of a number of days and the last day of the time
limit falls on a weekend or holiday recognized by the state of Texas for
observance by state employees, the last day of the time period shall be the
first business day after the weekend or holiday.
(7) The sections in this chapter prevail over
any document used in the administration of the plan that has provisions or
requirements which conflict with the sections.
Notes
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