Bill Text: CA AB410 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Public employee health benefits: enrollment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-04 - Chaptered by Secretary of State - Chapter 525, Statutes of 2013. [AB410 Detail]

Download: California-2013-AB410-Introduced.html

---

BILL NUMBER: AB 410	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 15, 2013

   An act to add Section 22838 to the Government Code, relating to
public employee benefits.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 410, as introduced, Jones-Sawyer. Public employee health
benefits: enrollment.
   Existing law requires the Board of Administration of the Public
Employees' Retirement System (PERS) to administer the Public
Employees' Medical and Hospital Care Act (PEMHCA). PEMHCA further
grants the board the power to approve health benefit plans and
contract with carriers offering health benefit plans. Under PEMHCA,
an employee or annuitant may enroll in a health benefit plan approved
or maintained by the board either as an individual or for self and
family.
   Existing law provides that an employee who does not retire within
120 days of his or her separation from public employment, loses his
or her eligibility for postemployment health care benefits under
PEMHCA.
   This bill would permit an annuitant who reinstates from retirement
under PERS for employment by the state or a contracting agency and
who subsequently retires again on or after January 1, 2014, to enroll
in a health benefit plan under PEMHCA as an annuitant of the
employer from which he or she first retired, upon meeting specified
conditions, including that the person's subsequent retirement occurs
within 120 days after separation of employment or the person is
subject to disability retirement, as specified, the person had at
least 5 years of credited service for the employer from which he or
she first retired or qualifies for a contribution payable by an
employer under disability retirement, and that the person is not
eligible for a postretirement health benefit contribution from the
employer from which he or she subsequently retires.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 22838 is added to the Government Code, to read:

   22838.  (a) An annuitant who reinstates from retirement pursuant
to Article 7 (commencing with Section 21190) of Chapter 12 of Part 3
may, upon his or her subsequent retirement, enroll in a health
benefit plan approved or maintained by the board as an annuitant of
the employer from which he or she first retired if all of the
following apply:
   (1) The subsequent retirement of that person occurs within 120
days after separation from employment or, if applicable, by the date
provided in subdivision (b) of Section 22893.
   (2) That person had at least five years of credited service for
the employer from which he or she first retired or qualifies for a
contribution payable by an employer as described in subdivision (b)
of Section 22893.
   (3) That person is not eligible for a postretirement health
benefit contribution from the employer from which he or she
subsequently retires or the postretirement health benefit
contribution payable by that employer is less than the contribution
payable by the employer from which the annuitant first retired.
   (b) The postretirement health benefit contribution payable by an
employer under this section shall be in lieu of a contribution
payable to the annuitant by any other employer under this part.
   (c) If an annuitant enrolls as an annuitant of the employer from
which he or she first retired as described in subdivision (a), the
credited service of that annuitant for purposes of calculating the
employer postretirement health benefit contribution shall not include
years of service for any employer after reinstatement from
retirement unless that employer is the same employer from which the
annuitant first retired.
   (d) This section shall apply irrespective of whether the person is
enrolled as an employee during his or her reinstatement from
retirement.
   (e) An annuitant who is eligible to enroll pursuant to this
section may enroll within 60 days after his or her subsequent
retirement or during a future open enrollment period, as provided by
regulation of the board, without discrimination as to premium rates
or benefits coverage.
   (f) This section shall only apply to an annuitant who, after
reinstatement, subsequently retires on or after January 1, 2014.