(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.

Source Note: The provisions of this §85.11 adopted to be effective August 12, 1988, 13 TexReg 3754; amended to be effective May 29, 2005, 30 TexReg 3022; amended to be effective September 15, 2005, 30 TexReg 5809; amended to be effective June 10, 2014, 39 TexReg 4486