Code: 

Labor Code

Title: 

Title 2. Protection of Laborers

Section: 

91.041

Name: 

Employee Benefit Plans;  Required Disclosure;  Other Reports

Eff. Date: 

September 1, 2013

No Rule Reference

§91.041
Employee Benefit Plans;  Required Disclosure;  Other Reports

(a) A client and license holder are each considered an employer under the laws of this state for purposes of sponsoring retirement and welfare benefit plans for covered employees.

(a-1) A license holder may sponsor a single welfare benefit plan under which eligible covered employees of one or more clients may elect to participate.

(a-2) A fully insured welfare benefit plan offered to the covered employees of a license holder and provided by an insurance company authorized to provide that insurance in this state or a self-funded health benefit plan sponsored by a license holder as provided by Section 91.0411 shall be treated for purposes of state law as a single employer welfare benefit plan.

(b) With respect to any insurance or benefit plan provided by a license holder for the benefit of its assigned employees, a license holder shall disclose the following information to the department, each client, and its covered employees:

(1) the type of coverage;

(2) the identity of each insurer for each type of coverage;

(3) the amount of benefits provided for each type of coverage and to whom or in whose behalf benefits are to be paid;

(4) the policy limits on each insurance policy; and

(5) whether the coverage is fully insured, partially insured, or fully self-funded.

(c) The commission by rule may require a license holder to file other reports that are reasonably necessary for the implementation of this chapter.

Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1379, § 16, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 816, § 14.009, eff. Sept. 1, 2003; Acts 2013, 83rd Leg., ch. 117 (S.B. 1286), § 15, eff. Sept. 1, 2013.