Government Code — Part 30 | GOV — United States — California law | Esheria

Government Code

Part 30 of 107 · provisions 5,801–6,000

This act is named the Government Code.

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About this statute

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 21715.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. )

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    The board may end an employer’s participation in the prefunding plan and may allow asset transfers in or out of the plan, subject to stated requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. ) ## 21715. (a) The board may terminate the participation of an employer in the prefunding plan if any of the following apply: (1) An employer elects to cease to participate in the prefunding plan. (2) The board finds that the participating employer has failed to satisfy the terms and conditions required by this chapter, by board rules or regulations, or by the contract between the governing body of that participating employer and the board. (3) The board terminates the prefunding plan. (b) The board may, in its discretion, authorize an employer to transfer assets into or out of the prefunding plan. That transfer of assets shall comply with all of the following: (1) The transfer shall satisfy the terms of the contract between the governing body of that participating employer and the board. (2) The transfer shall satisfy the requirements under the applicable rules of the Governmental Accounting Standards Board. (3) The transfer shall satisfy the requirements of a trust established under Section 115 of the Internal Revenue Code. (c) If the board terminates the participation of an employer in the prefunding plan as described in paragraph (1) or (2) of subdivision (a), the assets attributable to the contributions by that employer shall remain in the prefunding plan, for the continued payment of required pension contributions and the costs of administration, pursuant to the terms and conditions of participation established by the board and as agreed to by the employer. (Added by Stats. 2018, Ch. 665, Sec. 1. (SB 1413) Effective January 1, 2019.)
  2. 21716.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. )

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    The board may adopt regulations, including emergency regulations, to implement this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 19. California Employers’ Pension Prefunding Trust Program [21710 - 21716] ( Chapter 19 added by Stats. 2018, Ch. 665, Sec. 1. ) ## 21716. The board may adopt regulations, including emergency regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), to implement this chapter. For purposes of Sections 11346.1 and 11349.6, the adoption of any emergency regulations that are filed with the Office of Administrative Law shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (Added by Stats. 2018, Ch. 665, Sec. 1. (SB 1413) Effective January 1, 2019.)
  3. 21750.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

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    This section says the part exists to preserve tax-exempt status, protect deferred tax treatment of employer contributions, and maintain retirement benefits aligned with federal limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21750. The purpose of this part is to ensure the federal tax-exempt status of the Public Employees’ Retirement System, and any other retirement system administered by the board, to preserve the deferred treatment of federal income tax on public employer contributions to public employee pensions, and to ensure that members are provided with retirement and other related benefits that are commensurate, to the extent deemed reasonable, with the actuarial value of the benefits that would have been received but for the limitations imposed by Section 415 of Title 26 of the United States Code. To achieve this purpose, this part incorporates certain pension payment limitations and elects the “grandfather” option in Section 415(b)(10) of Title 26 of the United States Code. Also, this part contains certain payment provisions and replacement benefits. (Amended by Stats. 2010, Ch. 639, Sec. 21. (SB 1139) Effective January 1, 2011. Conditionally inoperative as prescribed in Section 21763.)
  4. 21751.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

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    This section says the general definitions in Part 3 apply here, and it adds a definition for “participating agency.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21751. The definitions in Part 3 (commencing with Section 20000) shall apply to this part. The following definition shall also govern the interpretation of this part: “Participating agency” means any public agency that meets the criteria for becoming a contracting agency in this system pursuant to Chapter 5 (commencing with Section 20460) of Part 3, but that has not elected to participate in this system as a contracting agency, and that elects to contract with the board to participate in the replacement benefit plan administered pursuant to this part by the board. (Amended by Stats. 2001, Ch. 793, Sec. 32. Effective January 1, 2002. Conditionally inoperative as prescribed in Section 21763.)
  5. 21752.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

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    Annual retirement benefits must stay within the applicable federal dollar limit, with a $10,000 exception in specified cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21752. (a) (1) In accordance with Section 21756, a member’s annual retirement benefits, adjusted to the actuarial equivalent of a straight-life annuity if payable in a form other than a straight-life annuity or a qualified joint and survivor annuity as provided under Section 21460 or 21478 and determined without regard to any employee contributions or rollover contributions, as defined in Sections 402(a)(5), 403(a)(4), and 408(d)(3) of Title 26 of the United States Code, otherwise payable to the member under Part 3 (commencing with Section 20000) and under any other defined benefit plan maintained by the employer that is subject to Section 415 of Title 26 of the United States Code, shall not exceed, in the aggregate, the dollar limit applicable pursuant to Section 415(b)(1)(A) of Title 26 of the United States Code, as appropriately modified by Section 415(b)(2)(F) and (G) of Title 26 of the United States Code. (2) A member who receives benefits based on credited service with multiple employers shall not exceed the limitations set forth in this subdivision with regard to his or her annual retirement benefits. (3) However, the annual retirement benefit payable to a member shall be deemed not to exceed the limitations prescribed in paragraph (1) if the benefit does not exceed ten thousand dollars ($10,000) and the member has at no time participated in a tax qualified defined contribution plan maintained by the employer. (b) These limitations shall be applied pursuant to Section 415(b)(10) of Title 26 of the United States Code. (c) Part 3 (commencing with Section 20000) shall be construed as if it included this section. (Amended by Stats. 2016, Ch. 199, Sec. 39. (AB 2404) Effective January 1, 2017. Conditionally inoperative as prescribed in Section 21763.)
  6. 21752.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

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    Compensation counted for benefits must stay within the federal annual compensation limit for covered members.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21752.5. The amount of compensation that is taken into account in computing benefits payable to any person who first becomes a member of this system on or after July 1, 1996, shall not exceed the limitations in Section 401(a)(17) of Title 26 of the United States Code upon public retirement systems, as that section may be amended from time to time and as that limit may be adjusted by the Commissioner of Internal Revenue for increases in cost of living. The determination of compensation for each 12-month period shall be subject to the annual compensation limit in effect for the calendar year in which the 12-month period begins. In a determination of average annual compensation over more than one 12-month period, the amount of compensation taken into account for each 12-month period shall be subject to the applicable annual compensation limit. (Added by renumbering Section 21752.3 by Stats. 1996, Ch. 906, Sec. 200. Effective January 1, 1997. Conditionally inoperative as prescribed in Section 21763.)
  7. 21753.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

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    This section says a member’s retirement allowance must be increased to reflect cost-of-living adjustments within the federal Section 415 limits, subject to the stated exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21753. Notwithstanding any other provision of law, and except as provided in Section 21310.5, the retirement allowance of a member shall be increased to reflect cost-of-living adjustments to the limits contained in Section 415 of Title 26 of the United States Code as provided in Section 415(d) of that code, provided that the member’s allowance determined without regard to Section 415 equals or exceeds the applicable limit as indexed. Nothing in this section is intended to, nor shall be construed to, entitle a retired member to a cost-of-living adjustment to his or her allowance in excess of that provided pursuant to Part 3 (commencing with Section 20000). (Amended by Stats. 2009, Ch. 130, Sec. 32. (AB 966) Effective January 1, 2010. Conditionally inoperative as prescribed in Section 21763.)
  8. 21754.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

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    If a member’s other defined benefit plan benefits push the total over the Section 415 limit, the employer must reduce those other plan benefits enough to comply, but not below zero.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21754. In addition to the benefit limitations specified in this part, if a member participates in other defined benefit plans maintained by the employer, to the extent the aggregation of benefits payable under those plans and pursuant to Part 3 (commencing with Section 20000) are subject to and exceed the limits prescribed by Section 415 of Title 26 of the United States Code, the benefits payable pursuant to the other defined benefit plans maintained by the employer shall be reduced, but not below zero, to the extent necessary to satisfy Section 415, before adjustments to the benefits provided under Part 3 are made. Nothing in this section shall limit a member’s entitlement to replacement benefits as provided by Section 21757. (Amended by Stats. 1999, Ch. 474, Sec. 5. Effective January 1, 2000. Conditionally inoperative as prescribed in Section 21763.)
  9. 21755.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

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    IRS Procedure 92-42 applies to all employer-adopted changes in benefit structure, and IRS Notice 89-45 must not be applied to those changes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21755. Internal Revenue Service Procedure 92-42 shall apply to all changes in benefit structure adopted by any employer regardless of whether the change was adopted before August 3, 1992, or on or after August 3, 1992. Internal Revenue Service Notice 89-45 shall not be applied to any changes in benefit structure adopted by any employer. (Repealed and added by Stats. 1995, Ch. 379, Sec. 4. Effective January 1, 1996. Conditionally inoperative as prescribed in Section 21763.)
  10. 21756.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

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    This section limits retirement rights and benefits for certain new members, and requires the board to give employers a notice for distribution before employment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21756. (a) Notwithstanding any other provision of law, the retirement rights conferred by this part upon any person who for the first time becomes a member on or after January 1, 1990, shall be subject to, and that person shall not have any retirement right or benefit that exceeds, and no retirement right or benefit under this part shall accrue to or vest in that person, that exceeds, the limitations in the Internal Revenue Code upon public retirement systems. (b) The board shall provide to each employer a notice of the content and effect of subdivision (a) for distribution, prior to employment, to each person who may become a member and to each person who for the first time becomes a member on or after January 1, 1990. (c) Part 3 (commencing with Section 20000) shall be construed as if it included this section. (Repealed and added by Stats. 1995, Ch. 379, Sec. 4. Effective January 1, 1996. Conditionally inoperative as prescribed in Section 21763.)
  11. 21757.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

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    The board must adjust certain retirement benefits and set up replacement benefits when Section 415 limits apply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21757. (a) If the retirement benefits of any member or his or her survivors or beneficiaries payable pursuant to Part 3 (commencing with Section 20000) would be limited by Section 415 of Title 26 of the United States Code, the board shall adjust the payment of those benefits, including, but not limited to, cost-of-living adjustments, cost-of-living banks, temporary annuities, survivor continuance benefits, or any combinations thereof, in order to maximize benefits within the limits of Section 415. (b) The board shall establish a plan of replacement benefits for members and any survivors or beneficiaries whose retirement benefits are limited by Section 415 and cannot be fully maximized pursuant to Part 3 (commencing with Section 20000). The benefits provided by that plan may consist of deferred compensation, cash payments, health benefits, or supplemental disability benefits, as shall be determined by the board to give effect to the purpose of this part. The factors the board may take into consideration in making its determination shall include, but not be limited to, the following: legal constraints, administrative feasibility, and cost effectiveness. The board may periodically modify the replacement benefits plan and may add or eliminate any type of replacement benefits, as necessary, to carry out the purpose of this part. The administrative costs of the replacement benefits plan shall be satisfied out of funds credited to the accounts of the participant members, and shall not be paid from the retirement fund or the retirement trust fund of a participating agency. (c) The application of Section 415 to benefits provided under Part 3 (commencing with Section 20000) and this part shall not be taken into account for purposes of determining employers’ or employees’ contribution rates, until replacement benefits are implemented pursuant to Section 21758. (d) Under no circumstances shall the replacement benefit plan result in increased benefit costs to an employer, member, or annuitant. (Amended by Stats. 2001, Ch. 793, Sec. 33. Effective January 1, 2002. Conditionally inoperative as prescribed in Section 21763.)
  12. 21758.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

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    The board must run the Replacement Benefit Custodial Fund, create annuitant accounts for Section 415-limited benefits, and track credits and debits for employer contributions and replacement benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21758. (a) There is in the State Treasury a Replacement Benefit Custodial Fund, that shall be administered exclusively by the board, that is separate and apart from the retirement fund or any other retirement trust fund and that is, notwithstanding Section 13340, continuously appropriated, without regard to fiscal years, to the board to carry out the purposes of this part. (b) The earnings on the assets of the Replacement Benefit Custodial Fund are continuously appropriated to the board for expenditure solely to pay the costs of administering this part. (c) The Replacement Benefit Custodial Fund shall also consist of employer contributions, in amounts equivalent to the benefits that are not paid from either the retirement fund or the retirement trust fund of a participating agency to annuitants because of the application of the payment limitations under Section 415 of Title 26 of the United States Code; and administrative costs assessed to and paid by members enrolled in the replacement benefit plan. (d) The board shall determine the amount of employer contributions required for deposit into the Replacement Benefit Custodial Fund, based on all of the following: (1) The amount of benefits that will not be payable from the retirement fund, or the retirement trust fund of a participating agency, because of the payment limitations in Section 415. (2) The amount by which an employer’s contributions to the retirement fund, or the retirement fund of a participating agency shall be reduced, for annuitants whose benefit payments are limited by Section 415. (e) The board shall establish within the Replacement Benefit Custodial Fund an individual account for each annuitant whose benefit payments are limited by Section 415. Employer contributions shall be credited to each account as of the date accrued and payable to the account of each annuitant as of the date on which the contribution is made. Replacement benefits shall be debited from each account as of the date paid to each annuitant. (f) If all sections of this part, except Section 21763 and this section, become inoperative, pursuant to Section 21763, and all acts required and authorized by Section 21763 have been fully performed, any remaining balance in a member’s individual account in the Replacement Benefit Custodial Fund shall revert to, and become part of, the trust fund of the retirement system from which the member retired. (Amended by Stats. 2001, Ch. 793, Sec. 34. Effective January 1, 2002. Note: This section is not subject to termination under Section 21763.)
  13. 21759.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

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    The board must administer this part under its powers and duties, and must follow certain procedures when feasible.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21759. This part shall be administered by the board in conformity with its powers and duties set forth in Part 3 (commencing with Section 20000). The board shall, to the extent it determines feasible, follow the procedures set forth in Article 7 (commencing with Section 20220) of Chapter 2 of Part 3. The power conferred upon the board by Sections 20134 and 20160 shall encompass any retirement system under this part, including participating agencies that contract for board administration of replacement benefits and employers that are required to enroll members in replacement benefits pursuant to Section 21757. (Repealed and added by Stats. 1995, Ch. 379, Sec. 4. Effective January 1, 1996. Conditionally inoperative as prescribed in Section 21763.)
  14. 21760.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

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    The board may adopt regulations to implement this part, those regulations are exempt from Office of Administrative Law review, and the board must send them to that office for filing with the Secretary of State and publication.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21760. The board, in addition to its general rulemaking authority under Section 20121, may adopt regulations that implement this part. Those regulations shall be exempt from review by the Office of Administrative Law. However, the board shall transmit those regulations to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations. (Added by renumbering Section 21758 (as amended by Stats. 1995, Ch. 938) by Stats. 1996, Ch. 906, Sec. 201. Effective January 1, 1997. Conditionally inoperative as prescribed in Section 21763.)
  15. 21761.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

    Verify source ↗

    This section sets out how participating agencies, the board, and school officials must handle a replacement benefit plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21761. The state, school employers, as defined in Section 20063, and all contracting agencies under this system shall be deemed to have elected to contract with the board for administration of the replacement benefit plan pursuant to this part. A participating agency may contract with the board for administration to participate in the replacement benefit plan administered by the board, as follows: (a) A participating agency shall deposit its replacement benefit contributions into the Replacement Benefit Custodial Fund, as the board directs. (b) At the request of the board, the participating agency shall furnish any data concerning its members the board requires to direct the payment of replacement benefit contributions. (c) A public agency that intends to contract under this section and become a participating agency shall do so only pursuant to the procedure set forth in Sections 20469 to 20471, inclusive. (d) The ordinance or resolution by which a public agency approves a contract under this section shall be filed with the board. A participating agency under this section shall not maintain any other replacement benefit plan, except upon the express approval of the board. (e) A contract entered into under this section may be amended pursuant to the procedure set forth in Section 20472. (f) For the purpose of paying necessary contributions to the replacement benefit plan, the county superintendent of schools may, on an annual basis or as otherwise directed by the board pursuant to this section, draw requisitions against the county school service fund and the funds of the respective school districts or other local educational agencies in amounts equal to the total of contributions required to be paid pursuant to this part. (Amended by Stats. 2017, Ch. 277, Sec. 1. (AB 1243) Effective January 1, 2018. Conditionally inoperative as prescribed in Section 21763.)
  16. 21762.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

    Verify source ↗

    If the IRS finds a provision conflicts with Section 415 of Title 26, that provision becomes inoperative only to the extent of the conflict and only for the affected parties; the board must notify the Secretary of State when that happens.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21762. If the Internal Revenue Service determines that any provision of Part 3 (commencing with Section 20000) or this part cannot be given effect without placing a retirement system administered under this part or Part 3 out of conformity with Section 415 of Title 26 of the United States Code, that provision, only to the extent that it causes that nonconformity and only with respect to the affected parties, shall become inoperative with respect to the payment of benefits pursuant to Part 3 as of the effective date of the determination. The board shall notify the Secretary of State whenever a nonconforming provision becomes inoperative under this section. (Repealed and added by Stats. 1995, Ch. 379, Sec. 4. Effective January 1, 1996. Conditionally inoperative as prescribed in Section 21763.)
  17. 21763.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

    Verify source ↗

    If federal Section 415 changes or is struck down for public retirement systems, most of this part becomes inoperative, and the board must notify the Secretary of State immediately.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21763. (a) If Section 415 of Title 26 of the United States Code is amended to exclude public retirement systems, or if the application of Section 415 to public retirement systems is invalidated by the final decision of an appellate court of proper jurisdiction, all sections of this part, except this section and Section 21758, shall become inoperative as of the effective date of that amendment or decision. The board shall immediately notify the Secretary of State whenever any provision of this part becomes inoperative pursuant to this section. (b) Whenever all sections of this part, except this section and Section 21758, become inoperative pursuant to this section, and to the extent not prohibited by the Internal Revenue Code, the board shall do all of the following: (1) Remove the pension limitations imposed by Section 415 for prospective payments to annuitants. (2) Eliminate the replacement benefits, and reimburse annuitants for that portion of their pension funds that had been credited to the Replacement Benefit Custodial Fund but not yet been disbursed, with accrued interest. (3) Take any and all other actions it deems necessary or feasible. (Repealed and added by Stats. 1995, Ch. 379, Sec. 4. Effective January 1, 1996. Note: Termination clause affects all sections in Part 3.4 (Sections 21750 to 21765) except Section 21758 and this section.)
  18. 21764.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

    Verify source ↗

    The Legislature states that this part is meant to comply with federal tax rules for public retirement systems, preserve the Public Employees’ Retirement System’s federal tax-exempt status, allow the section 415(b)(10) grandfather option, and provide replacement benefits when reasonable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21764. It is the sole intent of the Legislature, in enacting this part, to fully comply with the provisions of the Internal Revenue Code that apply to public retirement systems in order to maintain and ensure the federal income tax exempt status of the Public Employees’ Retirement System, to elect the “grandfather” option in Section 415(b)(10) of Title 26 of the United States Code, and to provide, to the extent deemed reasonable, commensurate replacement benefits to affected members of this system and of other participating agencies that elect to contract with this system for the administration of a replacement benefits plan. The Legislature finds and declares that all costs of local public agencies and local public retirement systems of complying with Section 415 of Title 26 of the United States Code are a federal mandate within the meaning of Section 6 of Article XIII B of the California Constitution and Part 7 (commencing with Section 17500) of Division 4 of Title 2, as construed in City of Sacramento v. State of California (50 Cal. 3d 51). It is the intent of the Legislature, in enacting this part, to not impose upon local public agencies that are contracting agencies with this system or upon other local public agencies that elect to contract with this system for the administration of a replacement benefits plan, state-reimbursable, state-mandated local program benefit costs within the meaning of Section 6 of Article XIII B of the California Constitution and Part 7 (commencing with Section 17500) of Division 4 of this title. If either the Commission on State Mandates or a court determines that this part imposes upon any local agency state-mandated local program benefit costs, notwithstanding any other provision of law, no reimbursement therefor shall be made from the State Mandates Claims Fund pursuant to Part 7 (commencing with Section 17500) of Division 4 of this title or from any other state fund. (Amended by Stats. 2001, Ch. 793, Sec. 36. Effective January 1, 2002. Conditionally inoperative as prescribed in Section 21763.)
  19. 21765.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. )

    Verify source ↗

    The Legislature may amend this part when needed to carry out its purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3.4. INTERNAL REVENUE CODE COMPLIANCE AND REPLACEMENT BENEFIT PLAN [21750 - 21765] ( Heading of Part 3.4 amended by Stats. 2003, Ch. 10, Sec. 32. ) ## 21765. The Legislature reserves the power and right to amend this part, as needed to effect its purposes. This part shall be controlling over any memorandum of understanding reached between employers and employees pursuant to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1. (Added by Stats. 1995, Ch. 379, Sec. 4. Effective January 1, 1996. Conditionally inoperative as prescribed in Section 21763.)
  20. 22.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    “Process” includes a writ or summons used in civil or criminal judicial proceedings.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 22. “Process” includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. (Enacted by Stats. 1943, Ch. 134.)
  21. 22000.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The Legislature states that employee protections tied to covered retirement-system positions must not be impaired by applying an agreement under this part or by related legislative action.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22000. It is the policy of the Legislature that the protection afforded employees in positions covered by a retirement system on the date an agreement under this part is made applicable to service performed in such positions, or receiving periodic benefits under such retirement system at such time, will not be impaired as a result of making the agreement so applicable or as a result of legislative enactment in anticipation thereof. (Repealed and added by Stats. 1955, Ch. 1441.)
  22. 22001.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    Existing liabilities and obligations are continued in force as if the earlier statutes had not been repealed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22001. All liabilities and obligations created by Chapter 46 of the Statutes of 1950, Third Extraordinary Session, and amendments thereto or by Chapter 10 of the Statutes of 1955, or by any agreement or modification entered into between the State and the federal agency, as herein defined, under the authority of said statutes, are continued in full force and effect the same as if said statutes had not been repealed. (Repealed and added by Stats. 1955, Ch. 1441.)
  23. 22002.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The chapter’s definitions and general provisions govern this part unless the context requires a different reading.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22002. Unless the context otherwise requires the definitions and general provisions set forth in this chapter govern the constructions of this part. (Repealed and added by Stats. 1955, Ch. 1441.)
  24. 22003.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    References in this part to a federal law, regulation, or part of one include later amendments to it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22003. Whenever reference is made in this part to any federal law or regulation or part thereof, the reference applies to all amendments thereto now or hereafter made. (Repealed and added by Stats. 1955, Ch. 1441.)
  25. 22004.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section defines “board” differently before and after July 1, 1955.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22004. “Board” shall have the following meanings: Until July 1, 1955, “board” means the Director of Finance. On and after July 1, 1955, “board” means the Board of Administration of the Public Employees’ Retirement System. (Amended by Stats. 1967, Ch. 84.)
  26. 22005.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section defines “federal agency” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22005. “Federal agency” means the Department of Health and Human Services or the Secretary of Health and Human Services, or the predecessor or successor in function to that department or officer. (Amended by Stats. 1981, Ch. 609, Sec. 32.)
  27. 22006.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section defines “agreement” as the agreement, or any modification of it, made by the board with the federal agency under the listed authorities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22006. “Agreement” means the agreement or any modification thereof now, heretofore or hereafter executed by the board with the federal agency pursuant to this part or Chapter 46 of the Statutes of 1950 (Third Extraordinary Session), Chapter 1569, Statutes of 1951, or Chapter 10 of Statutes of 1955 and Section 218 of Title II of the Social Security Act. (Added by Stats. 1955, Ch. 1441.)
  28. 22007.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    “Eligible employee” means an employee whose services can be brought under the agreement, except employees excluded by a public agency under Section 218(c)(3) or (5).

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22007. “Eligible employee” means an employee whose services may under the provisions of Section 218 of Title II of the Social Security Act and this part be brought under the terms of the agreement, but not including any employee whose services are excluded from the agreement by a public agency under paragraph (3) or (5) of Section 218(c) of the Social Security Act. (Added by Stats. 1955, Ch. 1441.)
  29. 22008.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section defines “eligible retirement system employee” for referendum purposes by linking it to the term “eligible employee” in the Social Security Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22008. “Eligible retirement system employee” for the purposes of any referendum with respect to any retirement system has the meaning given the term “eligible employee” in Section 218(d)(3) of the Social Security Act. (Added by Stats. 1955, Ch. 1441.)
  30. 22009.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    “Public agency” is defined to include the state and specified local public bodies and related boards or committees, if their employees form certain coverage or retirement system groups.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22009. “Public agency” means the state, any city, county, city and county, district, municipal or public corporation or any instrumentality thereof, or boards and committees established under Chapter 1 (commencing with Section 58601) or 2 (commencing with Section 59501) of Part 1 of Division 21 of the Food and Agricultural Code, Chapter 754 of the Statutes of 1933, as amended, or Chapter 307 of the Statutes of 1935, as amended, the employees of which constitute one or more coverage groups or retirement system coverage groups. (Amended by Stats. 1983, Ch. 142, Sec. 60.)
  31. 22009.01.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    “Public agency” includes certain nonprofit corporations that are formed to operate a coliseum or sports arena for a city or county’s general recreational purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22009.01. “Public agency” also includes any nonprofit corporation formed for the purpose of operating a coliseum or sports arena for the general recreational purposes of a city or county. (Added by Stats. 1973, Ch. 967.)
  32. 22009.02.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    “Public agency” includes a county superintendent of schools if the board has determined the office is fiscally independent.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22009.02. “Public agency” also includes a county superintendent of schools whose office the board has determined to be fiscally independent. As to such office, the county board of education is the legislative or governing body for purposes of this part. (Added by Stats. 1979, Ch. 120.)
  33. 22009.03.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    “Public agency” includes certain school and education-related entities for employees eligible for the State Teachers’ Retirement Plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22009.03. “Public agency” also includes a school district, a county superintendent of schools, and a regional occupational center or program established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, with respect to employees eligible for membership in the State Teachers’ Retirement Plan. (Added by Stats. 2005, Ch. 328, Sec. 21. Effective January 1, 2006.)
  34. 22009.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section defines “retirement system” and lists the types of retirement funds and plans that count as one.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22009.1. “Retirement system” includes: (a) A pension, annuity, retirement or similar fund or system established by a public agency and covering only positions of that agency. (b) The Public Employees’ Retirement System with respect only to employees of the state and employees of the University of California in positions covered by that system. (c) The Public Employees’ Retirement System with respect to employees of all school districts in positions covered under each contract entered into by a county superintendent of schools and the system. (d) The State Teachers’ Retirement System with respect to all employees in positions subject to coverage under the Defined Benefit Program of the State Teachers’ Retirement Plan except employees of a public agency having any employees in positions covered by that system who are also in positions covered by a local retirement system for the retirement of teachers, or for membership in which public school teachers are eligible, operated by a city, city and county, county or other public agency or combination of public agencies of the state. (e) The Legislators’ Retirement System with respect to all employees in positions covered by that system. (f) The Judges’ Retirement System with respect to all employees in positions covered by that system. (g) The University of California Retirement Plan only with respect to all employees in positions covered by that system. (h) The San Francisco Employees’ Retirement System with respect to all employees in positions covered by that system. (i) Any other retirement system with respect only to employees of any two or more of the public agencies having employees in positions covered by that system, as designated by the board and with regard to which the board authorizes conduct of a referendum. (j) Any retirement system with respect only to employees of a hospital that is an integral part of a city incorporated between January 15, 1898, and July 15, 1898, in positions covered by the system, as designated by the board on request of the city. (k) Except as otherwise provided in subdivisions (b) to (j), inclusive, any retirement system with respect to employees of each of the public agencies having employees in positions covered by the system. (l) The State Teachers’ Retirement System with respect to all employees of each public agency, as defined by Section 22009.03, in positions covered by the State Teachers’ Retirement Plan. (m) Each division or part of a retirement system, as defined in subdivisions (a), (b), (c), (e), (g), (h), (i), (j), (k), and (l) of this section, that is divided pursuant to this chapter into two parts: (1) The part composed of the positions of members of the system who desire coverage under the federal system. (2) The part composed of the positions of members of the system who do not desire coverage under the federal system. (Amended by Stats. 2006, Ch. 655, Sec. 85. Effective January 1, 2007.)
  35. 22010.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section defines “coverage group” by reference to federal Social Security law and related regulations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22010. “Coverage group” has the meaning given that term by Section 218(b)(5) of Title II of the Social Security Act and federal regulations adopted pursuant thereto. (Added by Stats. 1955, Ch. 1441.)
  36. 22011.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section defines “retirement system coverage group” and states how included employees’ services are treated under an agreement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22011. “Retirement system coverage group,” with respect to any retirement system, means all employees designated as a coverage group in Section 218(d)(4) of the Social Security Act for the purposes of Section 218(c) of the Social Security Act only. The services of employees in any retirement system coverage group that are included in an agreement shall then become for all purposes of the agreement services performed as members of the coverage group to which they otherwise belong. (Added by Stats. 1955, Ch. 1441.)
  37. 22012.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    “Federal system” means the insurance system established under Title II of the Social Security Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22012. “Federal system” means the insurance system established under Title II of the Social Security Act. (Amended by Stats. 1967, Ch. 1353.)
  38. 22013.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section defines “policeman” for this part to include specified California law enforcement and certain public agency employees in designated positions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013. “Policeman” as used in this part includes members of the California Highway Patrol, state safety members of the Public Employees’ Retirement System employed by the Department of Justice, sheriffs, undersheriffs, deputy sheriffs, marshals and deputy marshals, and any other employee of a public agency other than the state or University of California in a position designated as a policeman’s position by the board for the purposes of Section 218(d)(5)(A) of the Social Security Act. (Amended by Stats. 1998, Ch. 678, Sec. 15. Effective January 1, 1999.)
  39. 22013.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    “Policeman” for this part also includes certain Department of Fish and Game employees connected with warden service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.1. “Policeman” as used in this part also includes persons employed in the Department of Fish and Game in connection with its warden service, whose principal duties consist of active law enforcement service, including immediate supervision by persons employed to perform the duties now performed under the titles of chief and assistant chief of warden service, and captain of patrol boats for the purposes of Section 218(d)(5)(A) of the Social Security Act. (Amended by Stats. 1998, Ch. 678, Sec. 16. Effective January 1, 1999.)
  40. 22013.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section expands the meaning of “policeman” for this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.10. “Policeman” as used in this part, also includes persons employed in positions set forth in Section 20415 for the purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 1998, Ch. 678, Sec. 31. Effective January 1, 1999.)
  41. 22013.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    In this part, “policeman” or “fireman” also includes persons employed in the positions listed in Sections 20409 and 20410 for a Social Security Act purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.11. “Policeman” or “fireman,” as used in this part, also includes persons employed in positions set forth in Sections 20409 and 20410 for the purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 1998, Ch. 678, Sec. 32. Effective January 1, 1999.)
  42. 22013.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    For this part, “policeman” also includes certain California Highway Patrol members whose principal duties are active law enforcement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.2. “Policeman” as used in this part also includes members of the Department of the California Highway Patrol who are designated as peace officers under subdivision (a) of Section 2250.1 of the Vehicle Code and whose principal duties consist of active law enforcement. (Amended by Stats. 1996, Ch. 305, Sec. 33. Effective January 1, 1997.)
  43. 22013.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    In this part, “Policeman” also includes people employed in positions listed in Section 20403 for purposes of Social Security Act Section 218(d)(5)(A).

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.3. “Policeman” as used in this part also includes persons employed in positions set forth in Section 20403 for the purposes of Section 218(d)(5)(A) of the Social Security Act. (Amended by Stats. 1998, Ch. 678, Sec. 17. Effective January 1, 1999.)
  44. 22013.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    In this part, “policeman” also includes certain persons designated under Section 31470.6 whose main duties are active law enforcement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.4. “Policeman” as used in this part also includes persons designated by Section 31470.6 as persons whose principal duties consist of “active law enforcement” for the purposes of Section 218(d)(5)(A) of the Social Security Act. (Amended by Stats. 1998, Ch. 678, Sec. 18. Effective January 1, 1999.)
  45. 22013.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    In this part, “policeman” also includes certain state university or state college police department employees who are peace officers and whose main duties are law enforcement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.5. “Policeman” as used in this part also includes persons employed as members of a state university or state college police department who are peace officers and whose principal duties consist of law enforcement. (Added by Stats. 1973, Ch. 703.)
  46. 22013.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    “Policeman” in this part includes certain persons employed in Sections 20438 and 31469.4, and the section operates only in counties that make the specified elections.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.6. “Policeman” as used in this part also includes persons employed in positions set forth in Sections 20438 and 31469.4 for the purposes of Section 218(d)(5)(A) of the Social Security Act. This section shall be operative only in counties which elect to terminate the social security coverage of county probation officers and juvenile hall employees in that county and elect to include such officers and employees within the safety membership retirement category. (Amended by Stats. 1998, Ch. 678, Sec. 19. Effective January 1, 1999.)
  47. 22013.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This provision expands the meaning of “policeman” and “fireman” for this part of the code.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.7. “Policeman” or “fireman,” as used in this part, also includes persons employed in positions set forth in Sections 20414, 20423.3, 20423.5, and 20441 for the purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 2009, Ch. 79, Sec. 2. (AB 86) Effective January 1, 2010.)
  48. 22013.75.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    “Policeman” in this part also includes persons employed in positions identified in Section 20407 for purposes of the Social Security Act provision cited here.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.75. “Policeman,” as used in this part, also includes persons employed in positions identified in Section 20407 for the purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 1998, Ch. 678, Sec. 21. Effective January 1, 1999.)
  49. 22013.76.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    For this part, “policeman” also includes persons employed in positions identified in Section 20408 for the specified Social Security Act purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.76. “Policeman,” as used in this part, also includes persons employed in positions identified in Section 20408 for the purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 1998, Ch. 678, Sec. 22. Effective January 1, 1999.)
  50. 22013.77.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    For this part, “policeman” also includes certain peace officers designated under Section 20391(e) when used for a federal Social Security provision.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.77. “Policeman,” as used in this part, also includes persons designated as peace officers by subdivision (e) of Section 20391 for the purposes of Section 218(d)(5)(A) of Title 42 of the United States Code. (Added by Stats. 1999, Ch. 785, Sec. 16. Effective January 1, 2000.)
  51. 22013.78.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section says “policeman” in this part also includes people currently employed in certain listed classifications.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.78. “Policeman” as used in this part also includes persons currently employed in classifications listed in Sections 20401.5, 20423.6, 31469.2, 45311, and 53217.6 for purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 2003, Ch. 519, Sec. 31. Effective January 1, 2004.)
  52. 22013.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    For this part, “policeman” also includes people employed in the classifications listed in Sections 20405 and 20405.1 when used for Social Security Act Section 218(d)(5)(A).

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.8. “Policeman” as used in this part also includes persons employed in classifications listed in Sections 20405 and 20405.1, for the purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 1998, Ch. 678, Sec. 23. Effective January 1, 1999.)
  53. 22013.85.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    “Policeman” in this part also includes persons employed in the classification listing in Section 20411, for purposes of Section 218(d)(5)(A) of the Social Security Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.85. “Policeman” as used in this part also includes persons employed in the classification listing in Section 20411 for the purposes of Section 218(d)(5)(A) of the Social Security Act. (Amended by Stats. 1998, Ch. 678, Sec. 25. Effective January 1, 1999.)
  54. 22013.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    In this part, “policeman” also includes certain persons employed in positions listed in Section 20406, for the purpose of Section 218(d)(5)(A) of the Social Security Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.9. “Policeman” as used in this part also includes persons employed in positions set forth in Section 20406 for the purposes of Section 218(d)(5)(A) of the Social Security Act. (Amended by Stats. 1998, Ch. 678, Sec. 26. Effective January 1, 1999.)
  55. 22013.95.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section expands the meaning of “policeman” and “fireman” for this part to include certain persons employed in positions listed in Section 20393.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.95. “Policeman” or “fireman,” as used in this part, also includes persons employed in positions set forth in Section 20393 for the purposes of Section 218(d)(5) (A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 1998, Ch. 678, Sec. 27. Effective January 1, 1999.)
  56. 22013.955.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    “Policeman” in this part also includes persons employed in the classifications listed in Section 20397, but only for purposes of Section 218(d)(5)(A) of the Social Security Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.955. “Policeman” as used in this part also includes persons employed in the classifications set forth in Section 20397 for the purposes of Section 218(d)(5)(A) of the Social Security Act. (Amended by Stats. 1998, Ch. 678, Sec. 28. Effective January 1, 1999.)
  57. 22013.96.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    “Policeman” and “fireman” in this part also include persons employed in positions listed in Section 20395 for the stated Social Security Act purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.96. “Policeman” or “fireman,” as used in this part, also includes persons employed in positions set forth in Section 20395, as amended in 1984 for the purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 1998, Ch. 678, Sec. 29. Effective January 1, 1999.)
  58. 22013.97.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section expands the meaning of “policeman” and “fireman” for this part of the code.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.97. “Policeman” or “fireman,” as used in this part, also includes persons employed in positions set forth in Section 20398 for the purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)). (Amended by Stats. 2004, Ch. 183, Sec. 163. Effective January 1, 2005.)
  59. 22013.98.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section defines who counts as a “Fireman” for this part and excludes seasonal, clerical, maintenance, and other non-lifeguarding personnel.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22013.98. For purposes of Section 218(d)(5)(A) of the Social Security Act (42 U.S.C. Sec. 418(d)(5)(A)): (a) “Fireman,” as used in this part, also includes any employee of the City of Long Beach Fire Department employed in the Marine Safety Division to perform lifeguard services and whose principal duties consist of active protection, rescue, and rendition of aid or assistance to persons injured or imperiled at beaches, lakes, flood control systems, rivers, or other bodies of open water. “Fireman” also includes employees hired to perform duties under the titles of “Superintendent of Marine Safety,” “Marine Safety Officer,” “Marine Safety Captain,” “Marine Safety Sergeant/Boat Operators,” or any equivalent successor class, of which the principal duties are customarily performed by police peace officers and include the maintenance of peace and order and the apprehension of law violators, and whose other duties are customarily performed by firemen, such as resuscitation work involving the use of special equipment. (b) “Fireman” as used in this part, excludes persons employed on a seasonal basis or persons who perform clerical, maintenance activities, and others whose primary duties do not include active life guarding or life saving services as described in subdivision (a), even if those persons are occasionally called upon to perform life guarding or life saving services. (Added by Stats. 2001, Ch. 793, Sec. 37. Effective January 1, 2002.)
  60. 22014.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section defines “fireman” for this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22014. “Fireman” as used in this part means any employee of the Division of Forestry, Department of Conservation, employed to perform duties now performed under the following titles: State Forester; all classes of rangers; all classes of deputy state foresters; all classes of fire prevention and law enforcement officers; all classes of foresters; all classes of forestry foreman; all classes of forestry trainees; all classes of forestry equipment and civil engineers; forestry superintendent, conservation camps; forest firetruck driver; forestry fireman; forest firefighter; equipment maintenance foreman or forestry equipment operator; or employed in any other position the principal duties of which consist of active fire suppression, and any employee of a public agency other than the state or University of California in a position designated as a fireman’s position by the board for the purposes of Section 218(d)(5)(A) of the Social Security Act. (Amended by Stats. 1998, Ch. 678, Sec. 33. Effective January 1, 1999.)
  61. 22014.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    In this part, “fireman” includes certain county officers or employees who work in a county fire department forestry division and mainly do active fire suppression.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22014.1. “Fireman” as used in this part also means any officer or employee of a county having a population in excess of 5,000,000 who is employed by the forestry division of the county fire department and whose principal duties consist of active fire suppression for the purposes of Section 218(d)(5)(A) of the Social Security Act. (Amended by Stats. 1998, Ch. 678, Sec. 34. Effective January 1, 1999.)
  62. 22014.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    In this part, “fireman” includes campus firefighters and other people in positions described in Section 20412 for Social Security Act purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22014.5. “Fireman” as used in this part includes persons employed as “campus firefighter” and other persons employed in positions described in Section 20412 for the purposes of Section 218(d)(5)(A) of the Social Security Act. (Amended by Stats. 1998, Ch. 678, Sec. 35. Effective January 1, 1999.)
  63. 22015.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    For retirement systems, “member” includes both existing members and nonmembers who can elect membership, for the stated Social Security Act purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22015. “Member,” with respect to any retirement system, for the purposes provided in Section 218 (d)(6)(E) of the Social Security Act, shall include in addition to a member of the system any nonmember in a position in which he may elect membership. (Amended by Stats. 1965, Ch. 662.)
  64. 22016.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section classifies certain school-county workers as county employees, unless the county board has treated the county superintendent’s office as a separate public agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22016. For the purposes of this part, persons employed by a county superintendent of schools and whose salaries are paid from the county school service fund are county employees, except that in any county where it has been determined by the board that the office of the county superintendent of schools is a separate public agency, in which case such persons are employees of the county superintendent of schools. The cost of any elections and the employer’s contribution for such employees under this part are proper charges against the county school service fund and such contribution shall be requisitioned and paid to the state as provided in Section 22550.5 of this code. This section does not constitute a change in, but is declaratory of, preexisting law and all action heretofore taken by a county board of supervisors for coverage under the federal system of employees of the county superintendent of schools whose salaries are paid from the county school service fund, in accordance with state and federal law, is hereby ratified, confirmed and validated. (Amended by Stats. 1979, Ch. 120.)
  65. 22017.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The state and any public agency may create a separate appropriation account to pay employees on approved sick leave, but no compensation may be paid during authorized leave without pay.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22017. Notwithstanding any other provision of law, the state and any public agency may establish a separate object of appropriation or a subobject of appropriation within salaries and employee benefits for the payment of compensation to employees who are on approved leaves of absence on account of sickness. The amount of compensation to be paid to employees under this object or subobject shall be that established by statute, salary ordinance or statement, except that no compensation shall be paid when an employee is on authorized leave without pay even though such leave may be on account of sickness. (Added by Stats. 1979, Ch. 491.)
  66. 22018.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board must provide school districts, community college districts, and county superintendents of schools with information about how to earn social security coverage credit for certain school-related service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Provisions and Definitions [22000 - 22018] ( Heading of Article 1 added by Stats. 1955, Ch. 1441. ) ## 22018. (a) It is the intent of the Legislature that, to the extent possible, members of the State Teachers’ Retirement Plan earn credit towards Medicare coverage. (b) In accomplishing the goal specified in subdivision (a), the board shall make available to school districts, community college districts, and county superintendents of schools information concerning the procedure for earning credit for social security coverage for school related service not credited under the Teachers’ Retirement Law. (Amended by Stats. 2003, Ch. 519, Sec. 32. Effective January 1, 2004.)
  67. 22100.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Designation of Special Groups [22100 - 22126] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    These civilian National Guard employees are treated as a separate coverage group, and the Adjutant General may make an agreement with the board to obtain federal coverage for them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Designation of Special Groups [22100 - 22126] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22100. (a) For all purposes under this part, the following group of employees shall constitute a separate coverage group: civilian employees of National Guard units of the state who are employed pursuant to Section 90 of the National Defense Act of June 3, 1916 (32 U.S.C. Sec. 42), and paid from funds allotted to those units by the Department of Defense. (b) The Adjutant General may enter into an agreement with the board pursuant to Section 22203 for the purpose of obtaining coverage under the federal system for these employees. (Amended by Stats. 2006, Ch. 538, Sec. 300. Effective January 1, 2007.)
  68. 22125.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Designation of Special Groups [22100 - 22126] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    Employees in certain retirement-system-covered positions are treated as a separate coverage group, and each such class is treated as a separate retirement system for the specified referendum purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Designation of Special Groups [22100 - 22126] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22125. For all purposes of this part relating to Section 218(c) of the Social Security Act, employees in any class or classes of positions covered by a retirement system excluded from the agreement pursuant to paragraph (3) or (5) of Section 218(c) of the Social Security Act at the time it is made applicable to such retirement system and to which the agreement does not already apply shall constitute a separate retirement system coverage group. For the purposes of the referendum among eligible retirement system employees in such retirement system coverage group as required by Article 2 of Chapter 2 of this part and Section 218(d) of the Social Security Act, each such class shall constitute a separate retirement system. (Added by renumbering Section 22150 by Stats. 1957, Ch. 1993.)
  69. 22126.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Designation of Special Groups [22100 - 22126] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    Retirement systems covering police or fire positions must be treated separately for those positions, and police and fire members must vote separately from other members.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Designation of Special Groups [22100 - 22126] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22126. Notwithstanding Section 22009.1, each retirement system which covers positions of policemen or firemen, or both, and other positions shall constitute a separate retirement system with respect to the positions of policemen or firemen, or both, covered by the system. Policemen and firemen shall vote separately from the other members of the system. If the federal system is extended to any fireman’s or policeman’s position it shall be extended to them as a unit without any division of their separate retirement systems. (Amended by Stats. 1967, Ch. 1353.)
  70. 22150.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2.5. Division of Retirement Systems [22150 - 22156] ( Article 2.5 added by Stats. 1957, Ch. 1993. )

    Verify source ↗

    The board must authorize a retirement-system division when requested by a covered public agency or authorized by the Legislature, and it must designate the person who will conduct the division.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2.5. Division of Retirement Systems [22150 - 22156] ( Article 2.5 added by Stats. 1957, Ch. 1993. ) ## 22150. Unless otherwise provided in this article, the board shall authorize a division of a retirement system upon the request of any public agency having employees in positions covered by the system or upon authorization of the Legislature. An election among members of the system shall not be required. A retirement system as defined in subdivisions (d) and (f) of Section 22009.1 shall be divided pursuant to this article only if the division is otherwise authorized by the Legislature. The board shall designate the person to conduct the division, as defined in subdivision (m) of Section 22009.1, of a retirement system. For purposes of this section and all coverage procedures under this part subsequent to division of the retirement system defined in subdivision (g) of Section 22009.1 the University of California shall be deemed to be a public agency. (Amended by Stats. 2005, Ch. 328, Sec. 23. Effective January 1, 2006.)
  71. 22151.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2.5. Division of Retirement Systems [22150 - 22156] ( Article 2.5 added by Stats. 1957, Ch. 1993. )

    Verify source ↗

    The division must be conducted according to Section 218(d)(7) of the Social Security Act and applicable federal and board rules and regulations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2.5. Division of Retirement Systems [22150 - 22156] ( Article 2.5 added by Stats. 1957, Ch. 1993. ) ## 22151. The division shall be conducted in accordance with Section 218(d)(7) of the Social Security Act and applicable federal and board rules and regulations by the person or body designated under Article 2, Chapter 2 of this part to conduct a referendum in the system to be divided. (Amended by Stats. 1959, Ch. 777.)
  72. 22151.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2.5. Division of Retirement Systems [22150 - 22156] ( Article 2.5 added by Stats. 1957, Ch. 1993. )

    Verify source ↗

    A qualifying county superintendent of schools may request a division and give notice, and the superintendent’s office is treated as a public agency for this article when that request is made.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2.5. Division of Retirement Systems [22150 - 22156] ( Article 2.5 added by Stats. 1957, Ch. 1993. ) ## 22151.1. A county superintendent of schools whose employees are deemed county employees may request a division and give notice of a division in anticipation of a finding that his office is a separate public agency. Upon such request, the county superintendent’s office shall be deemed to be a public agency for purposes of this article. (Added by Stats. 1980, Ch. 316.)
  73. 22152.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2.5. Division of Retirement Systems [22150 - 22156] ( Article 2.5 added by Stats. 1957, Ch. 1993. )

    Verify source ↗

    The Governor or another federally authorized state official must certify to the federal agency when satisfactory evidence shows the listed Social Security Act conditions have been met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2.5. Division of Retirement Systems [22150 - 22156] ( Article 2.5 added by Stats. 1957, Ch. 1993. ) ## 22152. Upon receiving evidence satisfactory to him with respect to any division of a retirement system that the conditions specified in Section 218(d)(7) of the Social Security Act have been met, the Governor or any other state official now or hereafter authorized by federal law, shall so certify to the federal agency. (Added by Stats. 1959, Ch. 777.)
  74. 22152.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2.5. Division of Retirement Systems [22150 - 22156] ( Article 2.5 added by Stats. 1957, Ch. 1993. )

    Verify source ↗

    A chartered city’s legislative body may allow employees to add or combine federal old-age, survivors, and disability insurance with an existing pension system, and the board may then divide the city’s retirement system for federal coverage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2.5. Division of Retirement Systems [22150 - 22156] ( Article 2.5 added by Stats. 1957, Ch. 1993. ) ## 22152.7. Notwithstanding the provisions contained in a charter of any chartered city, the legislative body of such a city may by ordinance provide that employees may either add or combine old age, survivors, and disability insurance with any existing pension system. The board subsequent to the passage of such an ordinance may, pursuant to this part, divide the retirement system of such city for coverage of members of such system under the federal system upon terms and conditions as the board and legislative body may determine. (Added by Stats. 1965, Ch. 1515.)
  75. 22155.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2.5. Division of Retirement Systems [22150 - 22156] ( Article 2.5 added by Stats. 1957, Ch. 1993. )

    Verify source ↗

    On request by a public agency’s governing body, the board must make the agreement change needed to transfer a member’s position into the divided retirement system, subject to federal law and board rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2.5. Division of Retirement Systems [22150 - 22156] ( Article 2.5 added by Stats. 1957, Ch. 1993. ) ## 22155. Whenever, on the request of the governing body of a public agency, a retirement system has been divided pursuant to this article, the board, on the request of the governing body, shall execute in conformity with Section 218 of the Social Security Act and applicable federal regulations a modification to the agreement providing for transfer to the system as defined in paragraph (1) of subdivision (m) of Section 22009.1 created by the division, the position of any member included in the system, as defined in paragraph (2) of subdivision (m) of Section 22009.1, who requests a transfer pursuant to Section 218(d)(6)(F) of the Social Security Act and board rules. (Amended by Stats. 2005, Ch. 328, Sec. 24. Effective January 1, 2006.)
  76. 22156.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2.5. Division of Retirement Systems [22150 - 22156] ( Article 2.5 added by Stats. 1957, Ch. 1993. )

    Verify source ↗

    The Legislature allows a retirement-plan division to provide Medicare coverage for certain public agency employees, the member may elect coverage if listed conditions are met, and the public agency must immediately apply for coverage for members who elect it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 1. General Provisions, Definitions, Designation of Special Groups [22000 - 22156] ( Chapter 1 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2.5. Division of Retirement Systems [22150 - 22156] ( Article 2.5 added by Stats. 1957, Ch. 1993. ) ## 22156. (a) A division of the State Teachers’ Retirement Plan is hereby authorized by the Legislature to provide Medicare coverage for employees of a public agency, as defined in Section 22009.03, upon the request of the public agency. (b) The division authorized by subdivision (a) shall be conducted pursuant to this article. (c) A member of the State Teachers’ Retirement Plan on whose behalf a request is made pursuant to subdivision (a) may elect to be covered by Medicare, pursuant to Section 218 of the federal Social Security Act (42 U.S.C. Sec. 418), and applicable federal regulations if all of the following apply: (1) The member was employed in a position covered by the plan on March 31, 1986. (2) The member has not since been mandated into Medicare coverage due to the enactment of Public Law 99-272. (3) The member is in a position covered or the member is eligible to elect to be covered by the retirement system on the date of the division. (d) The public agency shall immediately make an application pursuant to Chapter 2 (commencing with Section 22200) of this part for Medicare coverage for those members who have elected to receive Medicare coverage. (e) The effective date of the coverage may be retroactive, but not earlier than the last day of the sixth calendar year preceding the year in which the agreement or modifications, as the case may be, is submitted to the Commissioner of Social Security. (Added by Stats. 2005, Ch. 328, Sec. 25. Effective January 1, 2006.)
  77. 22200.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board is authorized to administer and keep in effect the state agreement with the Federal Security Administrator and any past modifications.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22200. The board is hereby authorized on behalf of the state to administer and to maintain in full force and effect the agreement entered into between the state and the Federal Security Administrator on March 9, 1951, and all modifications thereof heretofore made. (Amended by Stats. 1999, Ch. 83, Sec. 81. Effective January 1, 2000.)
  78. 22201.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    If a public agency other than the state applies, the board must make a coverage agreement with the federal agency for that agency’s employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22201. The board shall, upon application by any public agency except the state, in accordance with the provisions of this part execute on behalf of the state an agreement with the federal agency for the coverage of employees of such public agency under the federal system in conformity with the provisions of Section 218 of the Social Security Act and applicable federal regulations. (Amended by Stats. 1967, Ch. 1353.)
  79. 22201.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board must amend the agreement, if requested and the employee vote condition is met, to exclude part-time positions from coverage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22201.7. The board shall upon the request of the legislative or governing body of any public agency, other than a school district, made after affirmative, secret vote of a majority of the eligible employees of the public agency in the class to be excluded, execute a modification to the agreement in conformity with federal law and regulations to exclude from coverage in any coverage group of such agency service in any class or classes of part-time positions. (Added by Stats. 1973, Ch. 110.)
  80. 22202.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    An application is treated as made by a public agency when it is made by certain specified officials or bodies for covered employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22202. With respect to employees in the coverage group defined in subdivision (a) of Section 22100, the application shall be deemed to be made by a public agency if made by the Adjutant General. With respect to employees in positions covered by the retirement system set forth in subdivision (d) of Section 22009.1, the application shall be deemed to be made by a public agency if made by the Teachers’ Retirement Board. With respect to employees in positions covered by the retirement system set forth in subdivision (g) of Section 22009.1, the application shall be deemed to be made by a public agency if made by the Regents of the University of California. With respect to employees in the coverage group defined in subdivision (l) of Section 22009.1, the application shall be deemed to be made by a public agency if made by the governing body of the public agency, as defined in Section 22009.03. (Amended by Stats. 2005, Ch. 328, Sec. 26. Effective January 1, 2006.)
  81. 22203.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    Before the board can execute an agreement with the federal agency, the public agency and the board must first enter into a written agreement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22203. Notwithstanding Section 22201, before the board shall execute on behalf of the state an agreement with the federal agency as provided in this chapter, the public agency and the board shall enter into a written agreement, that shall include provisions not inconsistent with this part that the board deems necessary in the administration of the federal system as it affects the state and the public agency and its employees. For the purposes of this section, the state shall not be deemed to be a public agency, but nevertheless an agreement entered into pursuant to this part by the board and the Teachers’ Retirement Board or the Adjutant General or the Regents of the University of California or the governing body of a public agency, as defined in Section 22009.03, shall be deemed to be entered into by the board and a public agency. (Amended by Stats. 2005, Ch. 328, Sec. 27. Effective January 1, 2006.)
  82. 22204.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The agreement must include requested coverage groups or retirement system coverage groups before it takes effect.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22204. The agreement between the state and the federal agency shall include each coverage group or retirement system coverage group as to which formal request for the inclusion is made by the legislative or governing body of the employing public agency pursuant to this chapter, prior to the effective date of the agreement. For the purposes of this section, the state shall not be deemed to be a public agency, but nevertheless any formal request for the inclusion made by the Teachers’ Retirement Board upon authorization by the Legislature or by the Regents of the University of California, or by the Adjutant General, shall be deemed to be made by the governing body of an employing public agency. (Amended by Stats. 1992, Ch. 673, Sec. 8. Effective January 1, 1993.)
  83. 22205.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    A public agency’s legislative or governing body may apply to the board to include eligible employees in the agreement if those employees are not covered by any retirement system and a majority of eligible employees approve.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22205. The legislative or governing body of every public agency having employees who are in positions not covered by any retirement system may, upon the affirmative vote of a majority of the eligible employees of such public agency or of any coverage group thereof, make formal application to the board for inclusion of such eligible employees in the said agreement. (Added by Stats. 1955, Ch. 1441.)
  84. 22206.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    A public agency’s legislative or governing body may apply to the board to add eligible employees to a coverage agreement if the required employee vote is obtained and the agreement does not already cover those positions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22206. The legislative or governing body of every public agency having employees in positions covered by a retirement system who are ineligible to become members of such retirement system may upon the affirmative vote of a majority of the eligible employees of any coverage group of such public agency of which the employees who are ineligible to be members of such retirement system are a part, make formal application to the board for inclusion of the eligible employees of such coverage group in the said agreement; provided, that the terms of the agreement do not already apply to said positions. (Amended by Stats. 1967, Ch. 1353.)
  85. 22207.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    A public agency’s legislative or governing body may apply to the board to add eligible employees in a coverage group to an existing agreement, if the stated conditions are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22207. The legislative or governing body of every public agency having employees in positions covered by a retirement system who are ineligible to become members of such retirement system may in the case of any coverage group to which said agreement already applies, and upon the affirmative vote of a majority of the eligible employees in any coverage group of such public agency of which the employees who are ineligible to be members of such retirement system are a part, make formal application to the board for inclusion of the eligible employees of such coverage group in the said agreement; provided, that the terms of the agreement do not already apply to said positions; and provided, that on the effective date specified in said agreement relating to the coverage of such employees under the federal system, such employees are ineligible to be members of any retirement system. (Amended by Stats. 1967, Ch. 1353.)
  86. 22207.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    A majority petition can satisfy a majority-vote requirement from eligible employees for an application under this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22207.5. Whenever an affirmative vote of a majority of the eligible employees in any coverage group is required as a condition of an application under this article, such requirement shall be deemed satisfied by the signatures of a majority of such eligible employees on a written petition to the legislative or governing body requesting such application. For the purposes of such requirement an employee shall be an eligible employee in each coverage group of a public agency in which he is employed and which is included in a separate application of the public agency. (Added by Stats. 1957, Ch. 465.)
  87. 22207.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board may modify the agreement to cover services of employees of a public agency that has ceased to exist, but only if specified federal conformity and tax-payment conditions are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22207.6. Notwithstanding any other provision of this part, the board may execute a modification of the agreement, in conformity with the provisions of Section 218 of the Social Security Act and applicable federal regulations adopted pursuant thereto, to include the services of employees of a public agency which has ceased to exist if, with respect to all such services, all taxes required of an employer and an employee under Sections 3101 and 3111 of the Internal Revenue Code of 1954 were reported and paid by the public agency to the Internal Revenue Service in the mistaken belief that such reporting and payment established coverage for such employees and a refund of such taxes has not been requested or made. (Added by Stats. 1968, Ch. 257.)
  88. 22208.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    A public agency’s governing body may apply to the board to include covered employees in an agreement, but only after a qualifying employee referendum and in line with the board’s rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22208. With respect to each retirement system coverage group, the legislative or governing body of every public agency having employees in positions covered by a retirement system, may, upon the affirmative vote of a majority of eligible retirement system employees of the retirement system coverage group at a referendum conducted in accordance with Article 2 (commencing with Section 22300) of this chapter and the rules and regulations promulgated by the board pursuant to this part, make formal application to the board for the inclusion of the employees in each retirement system coverage group in the agreement. (Amended by Stats. 2005, Ch. 328, Sec. 28. Effective January 1, 2006.)
  89. 22209.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    A public agency may request, or the board may permit, exclusion of covered positions from an agreement when it is made applicable to a retirement system, but the exclusion cannot include services covered by Section 218(c)(3)(B) of the Social Security Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22209. At the request of a public agency, or as otherwise permitted by the board, any class or classes of positions covered by a retirement system which may be excluded from coverage under the federal system pursuant to paragraph (3) or (5) of Section 218(c) of the Social Security Act, and to which the agreement does not already apply, may be excluded from the agreement at the time it is made applicable to such retirement system; except that such exclusion shall not include any services to which Section 218(c)(3)(B) of the Social Security Act is applicable. (Amended by Stats. 1999, Ch. 83, Sec. 82. Effective January 1, 2000.)
  90. 22212.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board must modify the agreement to cover Judges’ Retirement System employees if the required referendum vote is in favor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22212. Notwithstanding any other provisions of this part, the board shall execute a modification of the agreement in conformity with the provisions of Section 218 of the Social Security Act and applicable federal regulations adopted pursuant thereto, to include the services of employees in positions covered by the Judges’ Retirement System, when a majority of the eligible retirement system employees in positions covered by such system at a referendum conducted by the board pursuant to Article 2 of this chapter and Section 218(d) of the Social Security Act have voted in favor of inclusion in the federal system. (Added by Stats. 1955, Ch. 1441.)
  91. 22215.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The section confirms and validates prior acts, proceedings, and agreement modifications related to employee inclusion in the federal system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. Applications for Coverage [22200 - 22215] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22215. All acts and proceedings heretofore taken under this part by or on behalf of the state or any other public agency for inclusion of its employees in the federal system and all modifications to the agreement executed by the board pursuant to such acts and proceedings are hereby confirmed, validated and declared legally effective. This provision shall operate to supply such legislative authorization as may be necessary to validate such acts, proceedings, and modifications based thereon as the Legislature could have provided for inclusion of such employees in the federal system. (Repealed and added by Stats. 1978, Ch. 1180.)
  92. 22300.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board must authorize a referendum for eligible employees of a retirement system coverage group when requested by the legislative or governing body of a public agency with employees in that group, unless this article says otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22300. Unless otherwise provided in this article the board shall authorize a referendum among the eligible employees of any retirement system coverage group upon the request of the legislative or governing body of any public agency having employees in such retirement system coverage group. (Amended by Stats. 1967, Ch. 1353.)
  93. 22301.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    For employees covered by a retirement system in Section 22009.1(i), the board may designate officials to make the needed request.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22301. In the case of employees in positions covered by a retirement system as set forth in subdivision (i) of Section 22009.1, such request may be made by such officials as the board deems necessary to carry out the provisions of this part as they relate to such system. (Amended by Stats. 1965, Ch. 662.)
  94. 22302.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section assigns responsibility for conducting or authorizing retirement system referendums for certain employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22302. In the case of employees in positions covered by the retirement system set forth in subdivision (d) of Section 22009.1, the Teachers’ Retirement Board shall conduct the referendum; if the referendum is authorized by the Legislature. In the case of employees in positions covered by the retirement system set forth in subdivision (g) of Section 22009.1 the board shall authorize the referendum upon the request of the Regents of the University of California and the regents shall conduct the referendum. In the case of employees in positions covered by the retirement system set forth in subdivision (l) of Section 22009.1, the board shall authorize the referendum upon the request of the governing body of a public agency, as defined by Section 22009.03. (Amended by Stats. 2005, Ch. 328, Sec. 29. Effective January 1, 2006.)
  95. 22303.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board must conduct each referendum for covered employees, but only if the referendum is authorized by the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22303. In the case of employees in positions covered by the retirement systems set forth in subdivision (f) of Section 22009.1, the board shall conduct each such referendum; provided, that each such referendum is authorized by the Legislature. (Amended by Stats. 1971, Ch. 1300.)
  96. 22304.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The Governor or another authorized state officer or agency must designate a supervisor for the referendum, and the employee notice must include or be accompanied by a required explanatory statement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22304. The referendum shall be conducted, and the Governor or any other state agency or state official now or hereafter authorized by federal law shall designate an agency or individual to supervise its conduct, in accordance with the requirements of Section 218(d) of the Social Security Act, on the question of whether service in positions covered by a retirement system established by the State or by a political subdivision or agency thereof should be excluded from or included under an agreement under this chapter. The notice of referendum required by Section 218(d)(3)(C) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient to inform the employees of the rights and benefits which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject if their services are included under an agreement under this part. Such statement shall include a general explanation of the modification, if any, of the existing retirement plan that may result therefrom. It is not intended that any modification of any existing retirement plan must result, nor that a plan of maintaining full benefits of the local system together with full benefits of the federal system shall be precluded. (Added by Stats. 1955, Ch. 1441.)
  97. 22305.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    If the required evidence is satisfactory, the Governor or another federally authorized state official must certify to the federal agency that the referendum conditions in Section 218(d)(3) of the Social Security Act have been met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22305. Upon receiving evidence satisfactory to him that with respect to any referendum the conditions specified in Section 218(d)(3) of the Social Security Act have been met, the Governor or any other state official now or hereafter authorized by federal law shall so certify to the federal agency. (Added by Stats. 1955, Ch. 1441.)
  98. 22307.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    A referendum result is not invalidated by a voting eligibility mistake if a majority of eligible retirement system employees voted for inclusion under the federal system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22307. If for any reason it is determined that any eligible retirement system employee was not given an opportunity to vote in the referendum conducted with respect to the retirement system of which he was a member at the time of the referendum, or that an employee who was permitted to vote in such referendum was not an eligible retirement system employee at that time, such determination shall not invalidate the results of such referendum if a majority of the eligible retirement system employees under such retirement system voted in such referendum in favor of inclusion under the federal system. (Added by Stats. 1955, Ch. 1441.)
  99. 22308.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    This section excludes certain retirement systems from this article and says a referendum condition is satisfied by following Article 2.5 for those systems.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 2. Agreements for Coverage [22200 - 22308] ( Chapter 2 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Retirement System Referendums [22300 - 22308] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22308. This article does not apply to a retirement system composed of the positions of members of a divided system who desire coverage under the federal system as defined in subdivision (m) of Section 22009.1 and wherever in this part the conduct of a referendum is made a condition, the condition shall be fully satisfied by compliance with Article 2.5 (commencing with Section 22150) of Chapter 1 as to that retirement system. (Amended by Stats. 2005, Ch. 328, Sec. 30. Effective January 1, 2006.)
  100. 22500.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Administration Provisions [22500 - 22503] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board must issue rules and regulations to carry out this part, and those rules must conform to Section 218 of Title II of the Social Security Act and related federal regulations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Administration Provisions [22500 - 22503] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22500. The board shall promulgate rules and regulations to carry into effect the provisions of this part in conformity with Section 218 of Title II of the Social Security Act and federal regulations adopted pursuant thereto, including, but not limited to, the conditions, method and procedure to be followed in the conduct of the referendums provided for in Article 2 of Chapter 2 of this part. (Added by Stats. 1955, Ch. 1441.)
  101. 22501.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Administration Provisions [22500 - 22503] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board may designate other state agencies to help administer this part, but only with approval from the Department of General Services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Administration Provisions [22500 - 22503] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22501. The board, with the approval of the Department of General Services, may designate other state agencies to perform work, furnish services, materials, or equipment, or otherwise assist in the administration of this part in accordance with this code relating to interagency services and the payment therefor now or hereafter made. The proportionate share of amounts charged to the board by such agencies pursuant to such designation by the board, and, notwithstanding Section 11044, charges for all legal services rendered by the office of the Attorney General to the board pursuant to this part, shall be assessed against each public agency under the agreement, in accordance with the provisions of Section 22551. (Amended by Stats. 1984, Ch. 193, Sec. 49.)
  102. 22502.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Administration Provisions [22500 - 22503] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    Certain board agreements, contracts, and amendments are exempt from approval requirements by other state officers or agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Administration Provisions [22500 - 22503] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22502. Agreements as defined in Section 22006, and all applications and agreements and contracts and any amendments thereto between the board and the Adjutant General, the Teachers’ Retirement Board, the Regents of the University of California, and any public agency, except the state, executed by the board pursuant to this part are hereby excepted from the provisions of Section 13370, and of any other statutory provision that would otherwise require the approval of any of those agreements and contracts and any amendments thereto by any other state officer or agency. (Amended by Stats. 2003, Ch. 519, Sec. 35. Effective January 1, 2004.)
  103. 22503.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Administration Provisions [22500 - 22503] ( Article 1 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board may delegate its powers to the executive officer, and the executive officer may delegate acts or duties to subordinates unless the board requires personal action.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 1. General Administration Provisions [22500 - 22503] ( Article 1 added by Stats. 1955, Ch. 1441. ) ## 22503. The board may delegate to the executive officer authority to perform any act within the power of the board itself to perform under this part. The executive officer may delegate to his or her subordinates any act or duty unless the board, by motion or resolution recorded in the minutes, has required the executive officer to act personally. (Amended by Stats. 1986, Ch. 637, Sec. 9.)
  104. 22550.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    For this article, “public agency” includes the Board of Regents of the University of California.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22550. For the purposes of this article, the term “public agency” includes the Board of Regents of the University of California. (Added by Stats. 1955, Ch. 1441.)
  105. 22550.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    A covered school district must be subject to the same obligations and liabilities that apply to a public agency under this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22550.5. A school district whose employees in positions covered under a retirement system, as defined in subdivision (c) of Section 22009.1, are included in the agreement, shall be subject to all obligations and liabilities imposed on a public agency under this article. (Amended by Stats. 1987, Ch. 728, Sec. 9.)
  106. 22551.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board may charge public agencies for their share of administration costs, and the public agency must pay what the board determines. Late charges get a 50% penalty after 90 days, and unpaid amounts accrue 7% annual interest after 120 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22551. (a) The board may charge or assess a public agency, and the public agency shall pay and reimburse the state at the times and in the amounts as the board may determine, the public agency’s proportionate share of all costs incurred by the state in the administration of the federal system as it affects the public agency and its employees. The charges and assessments may differ from public agency to public agency. The charges or assessments shall be determined by the board in a manner approved by the Department of Finance and may be charged or assessed either in arrears or on the basis of anticipated costs not to exceed one year in advance. (b) A penalty of 50 percent of the amount charged or assessed shall be added to each charge or assessment that is delinquent 90 days after a notice of the charge or assessment was mailed by the board. The total amount of the charge, assessment, and penalty that remains unpaid after 120 days shall accrue interest at the rate of 7 percent per annum. The charges, assessments, penalties, and interest collected shall be paid into the Treasury and credited as revenue to the Old Age and Survivors’ Insurance Revolving Fund for use by the board upon appropriation by the Legislature pursuant to subdivision (b) of Section 22600. (c) For charges and assessments levied on state departments and agencies pursuant to this section, the Controller shall transfer funds from those departments and agencies into the Old Age and Survivors’ Insurance Revolving Fund based on a schedule provided by the board and approved by the Department of Finance. (Amended by Stats. 2019, Ch. 24, Sec. 18. (SB 83) Effective June 27, 2019.)
  107. 22552.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board may charge or assess public agencies for certain requested costs, and each public agency must pay and reimburse the state as determined by the board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22552. The board may charge or assess each public agency and each public agency shall pay and reimburse the state at such times and in such amounts as the board may determine, the approximate cost to the state of any and all work and services relating to a division under Article 2.5 (commencing with Section 22150) of Chapter 1 or the referendum provided by Article 2 (commencing with Section 22300) of Chapter 2 and requested by the agency. The charges or assessments shall be determined by the board in a manner approved by the Department of Finance. (Amended by Stats. 1984, Ch. 193, Sec. 51.)
  108. 22553.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    Public agencies covered by the agreement must be liable for the employer contribution and employee withholding amounts tied to federal old-age and survivors’ insurance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22553. Each public agency included in the agreement between the board and the federal agency pursuant to the provisions of this part shall be liable for the contributions required of an employer under the provisions of Section 3111 of the Internal Revenue Code of 1954 and the portion required to be withheld from the salaries and wages of the employees as required under the provisions of Section 3101 of the Internal Revenue Code of 1954. (Added by Stats. 1955, Ch. 1441.)
  109. 22554.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    A covered public agency may withhold the required payroll amounts from wages and salaries paid to officers and employees under the agreement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22554. Every public agency included in the agreement between the board and the federal agency may withhold from wages and salaries paid by them to officers and employees covered by the said agreement that portion required to be withheld from the salaries and wages of employees under the provisions of Section 3101 of the Internal Revenue Code of 1954, including contributions due on wages paid for services previously performed after the effective date of coverage where retroactive coverage has been requested by the public agency. (Added by Stats. 1955, Ch. 1441.)
  110. 22555.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    Public agencies in the agreement must pay the board, on written request, amounts the state owes or forfeits to the federal government because of unpaid required contributions, interest, penalties, or other amounts. The board may instead offset up to $1 from specified excess revolving-fund money.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22555. Every public agency included in the agreement shall upon written request of the board pay to the board moneys that the state may be obligated to pay or forfeit to the federal government by reason of any failure on the part of any public agency for any cause or reason to pay contributions, interest, penalties, or other amounts required by the agreement and federal regulations adopted at the time and in amounts as required by the agreement or federal regulations. The board, in lieu of collection from the public agency, may offset any sum that does not exceed one dollar ($1) from excess moneys in the Old Age and Survivors’ Insurance Revolving Fund that are subject to transfer between the fund and the appropriation available for support of the board as provided in Section 22603. (Amended by Stats. 2019, Ch. 24, Sec. 19. (SB 83) Effective June 27, 2019.)
  111. 22556.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    A public agency must reimburse the state for advances made on its behalf, plus 7% annual interest, unless the interest would be less than $1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22556. A public agency on whose behalf the board has made advances of money pursuant to Section 22601 shall reimburse the state the amount of the advances, with interest at the rate of 7 percent per annum from the time of the advance, unless the amount of interest, if charged, would be less than one dollar ($1). The interest when collected shall be paid into the Treasury and credited as revenue to the General Fund. (Amended by Stats. 2019, Ch. 24, Sec. 20. (SB 83) Effective June 27, 2019.)
  112. 22557.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board may enforce payment of amounts owed to the state by a public agency, and no state statute may limit the time for that enforcement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22557. No statute of this State shall limit the time within which the board may enforce the payment of any amount payable to this State by a public agency pursuant to the provisions of this part by civil action or any other remedy. (Added by Stats. 1955, Ch. 1441.)
  113. 22558.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board or designated state officer/agency may audit covered public agencies’ books and records.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22558. The board or the state officer or agency designated to assist in the administration of this part, may audit the books and records of any public agency having employees in positions covered by the agreement. Such audits shall be restricted to the extent necessary to make a determination of the public agency’s liability for employer and employee contributions, penalties and interest required under the terms of the agreement. (Added by Stats. 1955, Ch. 1441.)
  114. 22559.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    Public agencies covered by the agreement must file required wage, contribution, and other reports. If they fail or refuse, the board or designated state agency may audit their books and records, and audit costs may be assessed and reimbursed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22559. Every public agency included in the agreement between the board and the federal agency shall submit all wage, contribution, and other reports required to fulfill the obligations of the state under the federal system. In the event of a failure or refusal to submit such reports, the board or the state officer or agency designated to assist in the administration of this part may audit the books and records of such public agency to the extent necessary to determine the public agency’s liability for employer and employee contributions, penalties and interest required under the terms of the agreement. The cost of such audits as determined by the board in a manner approved by the Department of General Services shall be assessed against such public agency and each public agency so assessed shall reimburse the state for such cost. (Amended by Stats. 1967, Ch. 1353.)
  115. 22560.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board may charge or assess public agencies, and those agencies must pay and reimburse the state as determined by the board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 2. Administrative Cost Assessment and Financial Obligations [22550 - 22560] ( Article 2 added by Stats. 1955, Ch. 1441. ) ## 22560. (a) The board may charge or assess each public agency as defined in Section 22009.03 and each public agency shall pay and reimburse the state at the times and in the amounts as the board may determine, the approximate cost to the state, of any work, services, equipment, and other administrative costs relating to a division under Article 2.5 (commencing with Section 22150) of Chapter 1 or the referendum provided by Article 2 (commencing with Section 22300) of Chapter 2 and requested by the agency. The charges may differ from public agency to public agency. (b) A penalty of 50 percent of the amount charged or assessed shall be added to each charge or assessment that is delinquent 90 days after a notice of the charge or assessment was mailed by the board. The total amount of the charge, assessment, and penalty that remains unpaid after 120 days shall accrue interest at the rate of 7 percent per annum. The charges, assessments, penalties, and interest collected shall be paid into the Treasury and credited as revenue to the Old Age and Survivors’ Insurance Revolving Fund for use by the board upon appropriation by the Legislature pursuant to subdivision (b) of Section 22600. (Amended by Stats. 2019, Ch. 24, Sec. 21. (SB 83) Effective June 27, 2019.)
  116. 22600.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 3. OASI Revolving Fund [22600 - 22603] ( Article 3 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The revolving fund continues in existence, and the board may use fund money only for authorized administrative purposes and with legislative appropriation. If fund revenue exceeds 100% of program expenditures in a fiscal year, the board must submit revised charges or assessments to the Department of Finance for approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 3. OASI Revolving Fund [22600 - 22603] ( Article 3 added by Stats. 1955, Ch. 1441. ) ## 22600. (a) The Old Age and Survivors’ Insurance Revolving Fund is continued in existence. Notwithstanding Section 13340, all money in the fund is appropriated without regard to fiscal years to the board to carry out the provisions of paragraphs (2) to (5), inclusive, of Section 22601. (b) The moneys in the fund and the charges, assessments, penalties, and interest collected and deposited in the fund, pursuant to Sections 22551, 22552, and 22560, shall only be expended by the board upon appropriation by the Legislature and for administrative purposes as authorized in paragraph (1) of Section 22601. (c) In any fiscal year, if the cumulative revenue maintained or held in the Old Age and Survivors’ Insurance Revolving Fund pursuant to subdivision (b) exceeds 100 percent of program expenditures, as appropriated by the Legislature, the board shall submit revised charges or assessments for approval by the Department of Finance to ensure the charges or assessments do not result in excess fund reserve levels. (Amended by Stats. 2019, Ch. 24, Sec. 22. (SB 83) Effective June 27, 2019.)
  117. 22601.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 3. OASI Revolving Fund [22600 - 22603] ( Article 3 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board may use the OASI Revolving Fund for listed administrative and payment-related purposes, including reimbursements, advances, refunds, and required payments to the Federal Government.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 3. OASI Revolving Fund [22600 - 22603] ( Article 3 added by Stats. 1955, Ch. 1441. ) ## 22601. The Old Age and Survivors’ Insurance Revolving Fund may be used by the board for the following purposes and for any other purposes necessary to carry out the provisions of this part: (1) To reimburse any appropriation available for the support of the board or of any state office or agency designated by the board to assist in the administration of the provisions of this part. (2) To advance on behalf of any public agency or agencies any part or all of the contributions required to be paid by them pursuant to Sections 22553, 22554 and 22555 of this code. (3) To advance on behalf of any public agency or agencies any sums of money the State may be obligated to pay or forfeit to the Federal Government from and after October 30, 1950, by reason of any failure of any such public agency or agencies for any cause or reason to pay the contributions, penalties or interest required by the agreement and federal regulations adopted pursuant thereto at such times and in such amounts as required by the agreement and the said federal regulations. (4) To make refunds to any public agency or agencies of contributions, penalties, interest, reimbursements, or other amounts received from any such public agency or agencies as overpayments or paid by them in error. (5) To make any and all payments which the State may be required to make to the Federal Government pursuant to the agreement and federal regulations adopted pursuant thereto. (Added by Stats. 1955, Ch. 1441.)
  118. 22602.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 3. OASI Revolving Fund [22600 - 22603] ( Article 3 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    The board may deposit certain money received from public agencies into the Old Age and Survivors’ Insurance Revolving Fund, except for specified penalties, interest, and amounts covered by another provision.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 3. OASI Revolving Fund [22600 - 22603] ( Article 3 added by Stats. 1955, Ch. 1441. ) ## 22602. With the exception of penalties and interest collected pursuant to Section 22556, and except as provided in subdivision (b) of Section 22600, moneys received by the board from public agencies under the provisions of this part may be deposited in the Old Age and Survivors’ Insurance Revolving Fund. (Amended by Stats. 2019, Ch. 24, Sec. 23. (SB 83) Effective June 27, 2019.)
  119. 22603.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 3. OASI Revolving Fund [22600 - 22603] ( Article 3 added by Stats. 1955, Ch. 1441. )

    Verify source ↗

    If small fund discrepancies arise from fractions of a cent in payments by a public agency, they are offset against administrative cost charges, and the offsets are transferred annually between the revolving fund and the board’s support appropriation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 4. FEDERAL OLD AGE AND SURVIVORS' INSURANCE [22000 - 22603] ( Part 4 repealed and added by Stats. 1955, Ch. 1441. ) ## CHAPTER 3. Administration of Old Age and Survivors’ Insurance Program [22500 - 22603] ( Chapter 3 added by Stats. 1955, Ch. 1441. ) ## ARTICLE 3. OASI Revolving Fund [22600 - 22603] ( Article 3 added by Stats. 1955, Ch. 1441. ) ## 22603. Deficiencies or excesses occurring in the Old Age and Survivors’ Insurance Revolving Fund by reason of differences of a fraction of a cent in contributions or other amounts paid by a public agency under the provisions of this part shall be offset proportionately against the charges or assessments for administrative costs provided by Section 22551. Such offsets shall be applied annually by transfer between the said revolving fund and the appropriation available for the support of the board and upon request of the board the State Controller shall make such transfers. (Added by Stats. 1955, Ch. 1441.)
  120. 22750.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 1. General Provisions [22750 - 22755] ( Article 1 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section says the act may be cited as the Public Employees’ Medical and Hospital Care Act and that the older name “Meyers-Geddes State Employees’ Medical and Hospital Care Act” means the same act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 1. General Provisions [22750 - 22755] ( Article 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22750. This part may be cited as the Public Employees’ Medical and Hospital Care Act. As used in any contract or statute, the term “Meyers-Geddes State Employees’ Medical and Hospital Care Act” shall be construed to refer to and mean the Public Employees’ Medical and Hospital Care Act. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  121. 22751.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 1. General Provisions [22750 - 22755] ( Article 1 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section states the purpose of the part: to improve efficiency and economy in state service, help the state attract and keep qualified employees with health benefit plans, and protect the state's investment in permanent employees by promoting good health.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 1. General Provisions [22750 - 22755] ( Article 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22751. It is the purpose of this part to do all of the following: (a) Promote increased economy and efficiency in state service. (b) Enable the state to attract and retain qualified employees by providing health benefit plans similar to those commonly provided in private industry. (c) Recognize and protect the state’s investment in each permanent employee by promoting and preserving good health among state employees. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  122. 22753.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 1. General Provisions [22750 - 22755] ( Article 1 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This part controls over any memorandum of understanding, unless this part provides otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 1. General Provisions [22750 - 22755] ( Article 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22753. The provisions of this part shall be controlling over any memorandum of understanding reached pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, except as otherwise provided by this part. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  123. 22755.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 1. General Provisions [22750 - 22755] ( Article 1 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This part applies to University of California employees and annuitants only after a Regents resolution is filed with the board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 1. General Provisions [22750 - 22755] ( Article 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22755. The provisions of this part shall become operative with respect to employees and annuitants of the University of California upon filing with the board a resolution adopted by the Regents of the University of California electing to be subject to the provisions of this part. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  124. 22760.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section defines “annuitant” for public employees’ health benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22760. “Annuitant” means: (a) A person, other than a National Guard member defined in Section 20380.5, who has retired within 120 days of separation from employment and who receives a retirement allowance under any state or University of California retirement system to which the state was a contributing party. (b) A surviving family member receiving an allowance in place of an annuitant who has retired as provided in subdivision (a), or as the survivor of a deceased employee under Section 21541, 21546, 21547, or 21547.7, or similar provisions of any other state retirement system. (c) A person who has retired within 120 days of separation from employment with a contracting agency as defined in Section 22768 or, if applicable, consistent with the provisions of subdivision (b) of Section 22893, and who receives a retirement allowance from the retirement system provided by that employer, or a surviving family member who receives the retirement allowance in place of the deceased. (d) A judge who receives the benefits provided by subdivision (e) of Section 75522. (e) A person who was a state member for 30 years or more and who, at the time of retirement, was a local member employed by a contracting agency. (f) A Member of the Legislature or an elective officer of the state whose office is provided by the California Constitution, who has at least eight years of credited service, and who meets the following conditions: (1) Permanently separates from state service on or after January 1, 1988, and not more than 10 years before or 10 years after his or her minimum age for service retirement, or is an inactive member of the Legislators’ Retirement System pursuant to Section 9355.2. (2) Receives a retirement allowance under a state retirement system supported in whole or in part by state funds other than the University of California Retirement System. (g) An exempt employee who meets all of the following conditions: (1) Has at least 10 years of credited state service that includes at least 2 years of credited service while an exempt employee. (2) Permanently separates from state service on or after January 1, 1988, and not more than 10 years before or 10 years after his or her minimum age for service retirement. (3) Receives a retirement allowance under a state retirement system supported in whole or in part by state funds other than the University of California Retirement System. (h) A person receiving a survivor allowance pursuant to Article 3 (commencing with Section 21570) of Chapter 14 of Part 3 provided that he or she was eligible to enroll in a health benefit plan on the date of the member’s death, on whose account the survivor allowance is payable. (i) (1) A family member of a deceased retired member of the State Teachers’ Retirement Plan, if the deceased member meets the following conditions: (A) Retired within 120 days of separation from employment. (B) Retired before the member’s school employer elected to contract for health benefit coverage under this part. (C) Prior to his or her death, received a retirement allowance that did not provide for a survivor allowance to family members. (2) The family member shall elect coverage as an annuitant within one calendar year from the date that the deceased member’s school employer elected to contract for health benefit coverage under this part. (j) A person who reinstates benefits pursuant to subparagraph (ii) of paragraph (2) of subdivision (d) of Section 7522.57. (Amended by Stats. 2013, Ch. 526, Sec. 24.5. (SB 220) Effective January 1, 2014.)
  125. 22762.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section defines “Board” as the Board of Administration of the Public Employees’ Retirement System.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22762. “Board” means the Board of Administration of the Public Employees’ Retirement System. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  126. 22764.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    “Carrier” is defined to include certain insurance-related entities that are lawfully engaged in providing, arranging, paying for, or reimbursing the cost of personal health services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22764. “Carrier” means a private insurance company holding a valid outstanding certificate of authority from the Insurance Commissioner, a medical society or other medical group, a nonprofit membership corporation lawfully operating under Section 10270.5 of the Insurance Code, a health care service plan as defined under subdivision (f) of Section 1345 of the Health and Safety Code, or a health maintenance organization approved under Title XIII of the federal Public Health Services Act (42 U.S.C. Sec. 201 et seq.) that is lawfully engaged in providing, arranging, paying for, or reimbursing the cost of personal health services under insurance policies or contracts, medical and hospital service agreements, membership contracts, or the like, in consideration of premiums or other periodic charges payable to it. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  127. 22766.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section defines “complementary annuitant premium” as the extra amount an annuitant must pay when their allowance is less than the premium needed to stay enrolled in the chosen health plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22766. “Complementary annuitant premium” means the additional amount to be paid by an annuitant whose allowance falls below the premium required to maintain enrollment in the chosen health benefit plan. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  128. 22768.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    “Contracting agency” means an entity that meets specified eligibility criteria and has elected to be subject to this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22768. “Contracting agency” means an entity that meets the eligibility criteria set forth in Section 22920 that has elected to be subject to this part pursuant to Section 22922. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  129. 22770.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section defines “domestic partner” for purposes of the part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22770. “Domestic partner” means an adult in a domestic partnership, as defined in Section 22771, with an employee or annuitant of an employer subject to this part, who is eligible for enrollment pursuant to Section 22818. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  130. 22771.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section defines “domestic partnership” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22771. A “domestic partnership” means either of the following: (a) Two people who meet all of the criteria set forth in Section 297 or 299.2 of the Family Code. (b) Two people who meet all of the criteria of a domestic partnership, as defined by the governing board of a contracting agency, if the contracting agency adopted that definition prior to January 1, 2000. (Amended by Stats. 2005, Ch. 418, Sec. 15. Effective January 1, 2006.)
  131. 22772.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section defines “employee” for this part of the Government Code.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22772. (a) “Employee” means: (1) An officer or employee of the state or of any agency, department, authority, or instrumentality of the state, including the University of California. (2) An employee who is employed by a contracting agency and participates in a publicly funded retirement system provided by the contracting agency, or an officer or official of a contracting agency. (3) An annuitant receiving a retirement allowance pursuant to Section 21232 who is employed by a contracting agency. (4) A teaching associate, lecturer, coach, or interpreter employed by the California State University who is appointed to work in an academic year classification for at least six weighted teaching units for one semester, or for at least six weighted teaching units for two or more consecutive quarter terms. This paragraph does not apply to a state member employed by the California State University, unless provided for in a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 or authorized by the Trustees of the California State University for employees excluded from collective bargaining. (5) All employees in job classes specified in subdivision (a) of Section 14876. (6) An individual not described in paragraphs (1) to (5), inclusive, who is both of the following: (A) A “full-time employee” of the state or a contracting agency within the meaning of Section 4980H of Title 26 of the United States Code and applicable United States Treasury Department regulations and interpretive guidance. (B) Designated in writing as an employee for purposes of this section by the state or the contracting agency, as applicable. (b) Except as otherwise provided by this part, “employee” does not include any of the following: (1) A person employed on an intermittent, irregular, or less than half-time basis, or an employee similarly situated. (2) A National Guard member described in Section 20380.5. (Amended by Stats. 2020, Ch. 275, Sec. 26. (AB 2101) Effective January 1, 2021.)
  132. 22773.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    “Employer” means the state or any contracting agency subject to this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22773. “Employer” means the state or any contracting agency that is subject to this part. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  133. 22774.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section defines “exempt employee” for this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22774. “Exempt employee” means an employee exempt from civil service pursuant to subdivision (a), (c), (f), or (g) of Section 4 of Article VII of the California Constitution, or an exempt employee of the Attorney General or Legislative Counsel appointed pursuant to subdivision (m) of Section 4 of Article VII of the California Constitution. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  134. 22775.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section defines “family member” and gives the board power to set child age limits and other conditions by regulation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22775. “Family member” means an employee’s or annuitant’s spouse or domestic partner and any child, including an adopted child, a stepchild, or recognized natural child. The board shall, by regulation, prescribe age limits and other conditions and limitations pertaining to children. “Family member” does not include a former spouse or former domestic partner of an employee or annuitant. (Amended by Stats. 2015, Ch. 28, Sec. 2. (SB 98) Effective June 24, 2015.)
  135. 22777.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section defines “health benefit plan” as a program or entity that provides, arranges, pays for, or reimburses health benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22777. “Health benefit plan” means any program or entity that provides, arranges, pays for, or reimburses the cost of health benefits. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  136. 22778.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section defines “Medicare health benefit plan.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22778. “Medicare health benefit plan” means a health benefit plan that provides benefits in coordination with Medicare Parts A and B, including, but not limited to, a managed Medicare health benefit plan providing coverage through the Medicare+Choice program or a Medicare supplement health benefit plan that provides coverage in coordination with the traditional Medicare program. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  137. 22779.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section defines “out-of-state employee” as an employee permanently assigned to work outside California.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22779. “Out-of-state employee” means an employee permanently assigned to perform his or her duties outside of the state. An employee is permanently assigned out-of-state if the assignment is intended to exceed four months. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  138. 22781.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    “Prefunding” means periodic payments made by an employer or employee to cover or amortize certain postemployment health care benefit costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22781. “Prefunding” means the making of periodic payments by an employer or employee to partially or completely fund or amortize the actuarially determined normal costs or unfunded actuarial obligation of the employer for postemployment health care benefits provided to annuitants and their family members. (Amended by Stats. 2015, Ch. 28, Sec. 3. (SB 98) Effective June 24, 2015.)
  139. 22783.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section defines “school employer.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22783. “School employer” means a contracting agency that is a school district, county board of education, personnel commission of a school district, a county superintendent of schools, or a community college district. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  140. 22785.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    “Special district” means a nonprofit, self-governed public agency with public employees that performs a governmental function and is located within the state.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22785. “Special district” means a nonprofit, self-governed public agency located within the state, comprised solely of public employees, and performing a governmental function. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  141. 22787.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    “System” means the California Public Employees’ Retirement System.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 2. Definitions [22760 - 22787] ( Article 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22787. “System” means the California Public Employees’ Retirement System. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  142. 22790.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 3. The Board of Administration [22790 - 22797] ( Article 3 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The board administers this part. Board members receive no salary for these duties, but they must be reimbursed for actual and necessary expenses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 3. The Board of Administration [22790 - 22797] ( Article 3 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22790. The provisions of this part shall be administered by the board. The members of the board shall receive no salary for performance of their duties and responsibilities under this part, but shall be reimbursed for actual and necessary expenses incurred in connection therewith. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  143. 22792.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 3. The Board of Administration [22790 - 22797] ( Article 3 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The board must follow laws on its organization, procedures, and administrative duties when administering this part, unless those laws conflict with this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 3. The Board of Administration [22790 - 22797] ( Article 3 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22792. All laws governing the organization, procedures, and administrative duties and responsibilities of the board shall be applicable to the board in its administration of the provisions of this part, to the extent that they are not in conflict with or inconsistent with the provisions of this part. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  144. 22793.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 3. The Board of Administration [22790 - 22797] ( Article 3 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The board must approve health benefit plans and may contract with carriers offering those plans.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 3. The Board of Administration [22790 - 22797] ( Article 3 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22793. The board shall, in accordance with this part, approve health benefit plans, and may contract with carriers offering health benefit plans. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  145. 22794.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 3. The Board of Administration [22790 - 22797] ( Article 3 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The board has the powers reasonably necessary to carry out its express authority and responsibilities under this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 3. The Board of Administration [22790 - 22797] ( Article 3 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22794. The board shall have all powers reasonably necessary to carry out the authority and responsibilities expressly granted or imposed upon it under this part. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  146. 22795.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 3. The Board of Administration [22790 - 22797] ( Article 3 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A board member who is an officer of a life insurer may take part in board activities, but may not vote on contracts or approvals for a health benefit plan in which the member has a financial interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 3. The Board of Administration [22790 - 22797] ( Article 3 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22795. Irrespective of the provisions of Sections 1090 and 1091, a board member who is an officer of a life insurer may participate in all board activities in administering the provisions of this part, except that he or she may not vote on the question of whether a contract should be entered into or approval should be given concerning any health benefit plan in which the board member has a financial interest, as defined in the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  147. 22796.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 3. The Board of Administration [22790 - 22797] ( Article 3 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The board must adopt the rules and regulations needed to carry out this part of the law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 3. The Board of Administration [22790 - 22797] ( Article 3 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22796. (a) The board shall, pursuant to the Administrative Procedure Act, adopt all necessary rules and regulations to carry out the provisions of this part including, but not limited to, any of the following: (1) Regulations establishing the following: (A) The scope and content of a basic health benefit plan. (B) Reasonable minimum standards for health benefit plans. (C) The time, manner, method, and procedures for determining whether approval of a health benefit plan should be withdrawn. (2) Regulations pertaining to any other matters that the board may be expressly authorized or required to provide for by rule or regulation by the provisions of this part. (b) In adopting rules and regulations, the board shall be guided by the needs and welfare of individual employees, particular classes of employees, the state and contracting agencies, as well as prevailing practices in the field of medical and hospital care. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  148. 22797.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 3. The Board of Administration [22790 - 22797] ( Article 3 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The board or its authorized representative may audit employers, require records and information, must notify the audit subject of the estimated audit time first, may charge for excess audit time in some cases, and the information obtained must remain confidential.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 3. The Board of Administration [22790 - 22797] ( Article 3 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22797. (a) The board or an authorized representative may perform audits of each employer and may, at a specified time and place, require the employer to provide information or make available for examination and copying books, papers, data, and records, including, but not limited to, personnel and payroll records, as deemed necessary by the board to determine compliance with the provisions of this part. (b) Before initiating an audit, the board shall notify the subject of the audit of the estimated time required to complete the audit. The estimate shall be based upon various factors, including, but not limited to, the following: (1) The number of employees. (2) Employment classifications. (3) Benefits. (4) Contract provisions. (5) Geographical location. (6) Time required for audits of comparable entities. (7) Additional time factors raised by the subject of the audit. (c) If an audit requires an excess of the time estimated, the board may assess a reasonable charge upon the employer to recover additional costs incurred for the excess time to complete the audit. A contracting agency shall not be assessed for delays during the course of an audit that are reasonably outside of the agency’s control. (d) The information obtained from an employer shall remain confidential. (Amended by Stats. 2011, Ch. 107, Sec. 2. (AB 782) Effective January 1, 2012.)
  149. 22800.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Employees or annuitants may enroll in an approved health benefit plan, but board regulations may exclude some employees based on employment characteristics; exclusion cannot be based solely on hazardous work.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22800. (a) An employee or annuitant is eligible to enroll in an approved health benefit plan, in accordance with this part and the regulations of the board. (b) Regulations may provide for the exclusion of employees on the basis of the nature, conditions, and type of their employment, including, but not limited to, short-term appointments, seasonal or intermittent employment, and employment of a like nature. However, no employee may be excluded solely on the basis of the hazardous nature of the employment. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  150. 22802.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section says an annuitant may stay enrolled only if required payments and related costs are paid to the board, and sets payment timing, termination rules, and deposit requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22802. (a) An annuitant whose retirement allowance is not sufficient to pay his or her required contribution for the health benefit plan in which he or she is enrolled may only remain enrolled if the annuitant pays to the board the balance of the contributions plus the related administrative costs, as determined by the board. (b) (1) The annuitant shall pay the complementary annuitant premium by remitting to the board quarterly payments in advance, or by alternative monthly payment as determined by the board. (2) The board may charge each annuitant who elects to pay the complementary annuitant premium an initial setup charge and a monthly maintenance charge, in amounts sufficient to ensure the ongoing support of the complementary annuitant premium program. (3) If payments are not received by the 10th of the month for the following month, coverage shall be terminated and may not be resumed until the next open enrollment period. (c) Upon receipt of a written application, the benefits provided by this section shall commence on the first day of the month following receipt of the application and the payment required by the board. (d) The board has no duty to identify, locate, or notify any annuitant who may be eligible for the benefit provided by this section. (e) Any complementary annuitant premium or any balance of unpaid health benefit plan premiums that accrues and remains unpaid at the time of the death of an annuitant shall be paid in accordance with the sequence prescribed in Section 21506. (f) All moneys received pursuant to this section shall be deposited in the Public Employees’ Contingency Reserve Fund in the account provided by subdivision (f) of Section 22910. (Amended by Stats. 2014, Ch. 28, Sec. 50. (SB 854) Effective June 20, 2014.)
  151. 22803.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    An out-of-state employee is eligible for enrollment to receive the benefits under this part, subject to reasonable rules the board may prescribe.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22803. An out-of-state employee shall be eligible for enrollment, in accordance with reasonable rules as the board may prescribe, to receive the benefits provided by this part. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  152. 22805.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    An employee receiving full-time service credit under Section 20900 may keep enrolled in a health benefit plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22805. An employee receiving full-time service credit pursuant to Section 20900 may continue enrollment in a health benefit plan. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  153. 22806.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Certain permanent intermittent state employees may enroll in a health benefit plan after meeting listed hour and service conditions, and must keep meeting hour minimums to continue benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22806. (a) With respect to state officers and employees, a permanent intermittent employee who has an appointment of more than six months and works at least half-time shall be eligible to enroll in a health benefit plan within 60 calendar days after having been credited with a minimum of 480 paid hours within a designated six-month period. The designated six-month periods are January 1 to June 30, inclusive, and July 1 to December 31, inclusive, of each calendar year. To continue benefits, a permanent intermittent employee must be credited with a minimum of 480 paid hours in a designated six-month period or 960 paid hours in two consecutive periods. (b) Permanent intermittent employees who are represented by State Bargaining Unit 6 may enroll in a health benefit plan within 60 calendar days following graduation from the academy of the Department of Corrections or the Department of the Youth Authority. To continue benefits, a permanent intermittent employee must be credited with a minimum number of hours, as provided in subdivision (a). (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  154. 22807.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A contracting agency may file a resolution with the board to treat certain part-time employees as covered employees under this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22807. (a) Notwithstanding subdivision (b) of Section 22772, a contracting agency may, by resolution filed with the board, deem all permanent or regular employees, except members of the State Teachers’ Retirement Plan, who have an appointment of six months or longer but are employed less than half-time, to be employees subject to this part. (b) Notwithstanding subdivision (b) of Section 22772, a contracting agency with employees who are members of the State Teachers’ Retirement Plan may, by resolution filed with the board, deem any of the following to be employees subject to this part: (1) Regular, permanent, probationary, or temporary employees or substitutes who have an appointment for at least a semester, for six months, or for half of the school year, but are employed less than half-time. (2) Substitutes who have an appointment for 100 days or more in the school year. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  155. 22807.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A community college district contracting agency may file a resolution with the board to treat certain part-time faculty employees as employees subject to this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22807.5. Notwithstanding subdivision (b) of Section 22772, a contracting agency that is a community college district may, by resolution filed with the board, deem all part-time faculty employees who have an appointment of at least one semester and whose teaching assignment with one or more community college districts equals or exceeds two courses or 40 percent of the cumulative equivalent of a minimum full-time teaching assignment, to be employees subject to this part. (Added by Stats. 2023, Ch. 195, Sec. 7. (SB 142) Effective September 13, 2023.)
  156. 22808.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    An eligible employee may keep health coverage for the employee and family members during a leave of absence if the employee applies and pays the contributions otherwise owed by the employer, subject to the listed leave, layoff, or CSU leave conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22808. An employee enrolled in a health benefit plan under this part shall be entitled to have his or her coverage and the coverage of any family members continued for the duration of a leave of absence, upon his or her application and upon assuming payments of the contributions otherwise required of the employer, if any of the following apply: (a) A leave of absence is granted to the employee without pay under the State Civil Service Act and the rules or regulations of the Department of Human Resources, or other comparable leave. (b) The employee is laid off and has not yet obtained other employment, for a period of up to one year. (c) The employee is employed by the California State University and is granted a leave of absence for more than half-time. (Amended by Stats. 2012, Ch. 665, Sec. 148. (SB 1308) Effective January 1, 2013.)
  157. 22809.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    An employee of a contracting agency, and family members, may keep enrolling in the health benefit plan under this part if the employee is granted military leave by the contracting agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22809. An employee of a contracting agency and his or her family members may continue enrollment in a health benefit plan under this part if the employee is granted a leave of absence by the contracting agency for military duty. The coverage may continue for up to one year. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  158. 22810.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A Member of the Legislature may enroll in a health benefit plan, and the member must pay the plan cost minus the state contribution under Section 8901.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22810. A Member of the Legislature may enroll in a health benefit plan. The contributions of the member shall be the total cost of his or her coverage and the coverage of any family members, less the amount contributed pursuant to Section 8901.6 by the state. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  159. 22811.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Certain former Members of the Legislature may elect retiree health and dental coverage within 60 days after leaving state service, but must pay the full premiums plus an extra 2% administrative charge; later reenrollment after termination is barred.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22811. Notwithstanding any other provision of this part, a former Member of the Legislature who has served six or more years as a Member of the Legislature may elect, within 60 days after permanent separation from state service, to enroll or continue enrollment in a health benefit plan and dental care plan provided to annuitants. Upon that election, the former member shall pay the total premiums related to that coverage and an additional 2 percent thereof for the administrative costs incurred by the board and the Department of Human Resources in administering this section. The health and dental benefits shall be provided without discrimination as to premium rates or benefits coverage. A person who subsequently terminates his or her coverage under this section may not reenroll pursuant to this section. (Amended by Stats. 2012, Ch. 665, Sec. 149. (SB 1308) Effective January 1, 2013.)
  160. 22812.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Former legislative employees who leave employment for layoff, involuntary termination, or retirement, and eligible survivors of certain employees, may enroll in a health benefit plan within 60 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22812. (a) A former legislative employee who separates from employment while enrolled in a health benefit plan provided by his or her employer, by reason of layoff, involuntary termination, or retirement may enroll in a health benefit plan within 60 days of separation from employment and, thereupon, shall be deemed to have been enrolled on the date of the separation from employment. (b) An eligible survivor of a legislative employee who was enrolled in a health benefit plan provided by the employer at the time of death may, within 60 days of the death of the employee, enroll in a health benefit plan and, thereupon, shall be deemed to have been enrolled on the date of the employee’s death. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  161. 22814.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Certain judges and surviving spouses may keep health coverage after retirement or separation if they meet specified conditions and pay required contributions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22814. (a) A judge who retires pursuant to Chapter 11 (commencing with Section 75000) of Title 8, but is not yet receiving a pension, may continue their coverage and the coverage of any family members for the duration of the leave of absence, upon their application and upon assuming payment of the contributions otherwise required of the employer. (b) (1) A judge who leaves judicial office pursuant to subdivision (b) of Section 75521 and has not attained 65 years of age may continue their coverage and the coverage of any family members upon assuming payment of the contributions otherwise required of the employer. The judge shall also pay an additional 2 percent of the premium amount to cover administrative expenses incurred by the system or the Department of Human Resources. (2) An election to continue coverage under this subdivision shall be made within 60 days of permanent separation. A retired judge who cancels that coverage may not reenroll. (3) Upon attaining 65 years of age, a retired judge who has continuous and uninterrupted coverage pursuant to this subdivision shall be entitled to the applicable employer contribution. (c) (1) A judge who retires pursuant to Section 75522.5, but is not yet receiving a retirement allowance, may continue coverage and the coverage of any family members upon assuming payment of all contributions, including those otherwise required of the employer. The judge shall also pay an additional 2 percent of the premium amount to cover the reasonable administrative expenses incurred by the system or the Department of Human Resources. (2) Upon commencement of the judge’s retirement allowance, the judge shall become an annuitant, as defined in subdivision (a) of Section 22760, and thereupon the judge may continue the judge’s health plan enrollment, enroll in a health benefit plan within 60 days of the commencement of the judge’s retirement allowance, or enroll during any future open enrollment period, without discrimination as to premium rates or benefit coverage. (d) (1) The surviving spouse of a deceased judge who retired pursuant to Section 75522.5, but was not yet receiving a retirement allowance upon the judge’s death, may continue coverage and the coverage of any family members upon assuming payment of all contributions, including those otherwise required of the employer. The surviving spouse shall also pay an additional 2 percent of the premium amount to cover the reasonable administrative expenses incurred by the system or the Department of Human Resources. (2) Upon commencement of the surviving spouse’s monthly allowance, the surviving spouse shall become an annuitant, as defined in subdivision (b) of Section 22760, and thereupon the surviving spouse may continue the surviving spouse’s health plan enrollment, enroll in a health benefit plan within 60 days of the commencement of the surviving spouse’s monthly allowance, or enroll during any future open enrollment period, without discrimination as to premium rates or benefit coverage. (Amended (as amended by Stats. 2022, Ch. 531, Sec. 1) by Stats. 2023, Ch. 159, Sec. 6. (SB 885) Effective January 1, 2024.)
  162. 22815.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Some retired or separating public employees and officials may keep health or dental coverage if they meet the listed service and separation conditions and make a timely election.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22815. (a) The following persons are eligible for enrollment as provided in this section: (1) A Member of the Legislature or an elective officer of the state whose office is provided by the California Constitution who meets all of the following conditions: (A) Has at least eight years of credited service. (B) Permanently separates from state service on or after January 1, 1988, and more than 10 years before his or her minimum age for service retirement, or is an inactive member of the Legislators’ Retirement System pursuant to Section 9355.2. (C) Elects to remain a member of a state retirement system supported in whole or in part by state funds, other than the University of California Retirement System. (2) An exempt employee who meets all of the following conditions: (A) Has at least 10 years of credited state service that includes at least two years of credited service while an exempt employee. (B) Permanently separates from state service on or after January 1, 1988, and more than 10 years before his or her minimum age for service retirement. (C) Elects to remain a member of a state retirement system supported in whole or in part by state funds, other than the University of California Retirement System. (b) During the period he or she is not yet receiving a retirement allowance, a person described by subdivision (a) may continue enrollment in a health benefit plan or dental care plan without discrimination as to premium rates or benefit coverage, upon assuming payment of the contributions otherwise required of the former employer on account of his or her enrollment and the employee contribution. The person shall also pay an additional 2 percent of the premium amount to cover administrative expenses incurred by the system or the Department of Human Resources. An election to continue coverage under this section shall be made within 60 days of permanent separation. (c) A person who receives coverage pursuant to this subdivision, and subsequently terminates that coverage, may not be allowed to reenroll and may not enroll as an annuitant pursuant to subdivision (d). (d) Upon retirement and receipt of a retirement allowance, a person described in subdivision (b) may elect to continue enrollment in a health benefit plan or dental care plan without discrimination as to premium rates or benefit coverage, at which time the state shall assume payment of the employer contribution and the person shall thereafter be deemed an annuitant. (e) The board has no duty to locate or notify any person who may be eligible to enroll pursuant to this section. (Amended by Stats. 2012, Ch. 665, Sec. 151. (SB 1308) Effective January 1, 2013.)
  163. 22816.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Some eligible annuitants may keep health or dental coverage if they pay the required contributions and elect coverage within 60 days of permanent separation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22816. (a) A person who meets all of the criteria of an annuitant, as defined in subdivision (f) or (g) of Section 22760, other than the condition of receiving a retirement allowance under a retirement system supported in whole or in part by state funds, may continue enrollment in a health benefit plan or dental care plan provided to annuitants without discrimination as to premium rates or benefits coverage, upon assuming payment of the contributions otherwise required of the former employer on account of his or her enrollment and the employee contribution. The person shall also pay an additional 2 percent of the premium amount to cover administrative expenses incurred by the system or the Department of Human Resources. An election to continue coverage under this section shall be made within 60 days of permanent separation. (b) A person who receives coverage pursuant to this subdivision who subsequently terminates that coverage may not reenroll. However, termination under this subdivision does not affect an annuitant’s rights under Section 22817. The benefits authorized by Section 22817 and this section are separate and distinct benefits. (c) The board has no duty to locate or notify any person who may be eligible to enroll pursuant to this section. (Amended by Stats. 2012, Ch. 665, Sec. 152. (SB 1308) Effective January 1, 2013.)
  164. 22817.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    An annuitant may enroll in a health benefit or dental care plan after assuming the employee contribution, and the state then pays the employer contribution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22817. (a) An annuitant, as defined in subdivision (f) or (g) of Section 22760, may, upon assuming payment of the employee contribution, enroll in a health benefit plan or dental care plan without discrimination as to premium rates or benefit coverage, at which time the state shall assume payment of the employer contribution. (b) The board has no duty to locate or notify any person who may be eligible to enroll pursuant to this section. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  165. 22818.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    An employee or annuitant must, if the board asks, provide proof of domestic partnership, a marriage certificate, or a signed reimbursement statement, and must notify the employer or board when a marriage ends or a domestic partnership terminates.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22818. (a) In order to receive any benefit provided by this part, an employee or annuitant shall provide, upon request of the board, any of the following: (1) Proof in a manner designated by the board that the employee or annuitant and his or her domestic partner have filed a valid Declaration of Domestic Partnership pursuant to Section 298.5 of the Family Code or have established a valid domestic partnership, as defined by his or her contracting agency in accordance with subdivision (b) of Section 22771. (2) A marriage certificate. (3) A signed statement indicating that the employee or annuitant agrees that he or she may be required to reimburse the employer, the health benefit plan, and the system for any expenditures made for medical claims, processing fees, administrative expenses, and attorney’s fees on behalf of the family member, if any of the submitted documentation is found to be inaccurate or fraudulent. (b) The employee or annuitant shall notify the employer or the board when a marriage is dissolved or a domestic partnership has terminated, as required by subdivision (c) of Section 299 of the Family Code, or as required by his or her contracting agency in accordance with subdivision (b) of Section 22771. (Amended by Stats. 2005, Ch. 418, Sec. 17. Effective January 1, 2006.)
  166. 22819.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section treats certain eligible family members of a deceased employee as annuitants, requires contracting agencies to remit specified premiums, allows continuous enrollment subject to eligibility, and ends coverage if premiums are not paid or coverage is canceled.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22819. (a) A family member of a deceased employee of a contracting agency who is validly enrolled or is eligible for enrollment hereunder on the date of the employee’s death is deemed to be an annuitant under Section 22760, pursuant to regulations prescribed by the board. (b) A contracting agency shall remit the amounts required under Section 22901 as well as the total amount of the premium required from the employer and enrollees hereunder in accordance with regulations of the board. Enrollment of the annuitant and eligible family members shall be continuous following the death of the employee, or the effective date of enrollment, so long as the surviving family members meet the eligibility requirements of Section 22775 and regulations pertinent thereto. Failure to timely pay the required premiums and costs or the cancellation of coverage by the annuitant shall terminate coverage without the option to reenroll. The contracting agency may elect to require the family members to pay all or any part of the employer premium for enrollment. (c) This section shall apply to a contracting agency only upon the filing with the board of a resolution of its governing board electing to be subject to this section. (Amended by Stats. 2005, Ch. 418, Sec. 19. Effective January 1, 2006.)
  167. 22819.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section lets certain eligible family members of a deceased annuitant be treated as annuitants, requires the contracting agency to pay specified premiums and amounts, and keeps enrollment continuous unless premiums are not paid or coverage is cancelled.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22819.1. (a) A family member of a deceased annuitant who retired from a contracting agency prior to the effective date of the agency’s contract to provide health coverage under this part, and who was validly enrolled in the agency’s health plan on the day prior to the effective date of the contract under this part, but who does not receive an allowance in place of the annuitant, is deemed to be an annuitant for purposes of Section 22760, pursuant to regulations prescribed by the board. (b) A contracting agency shall remit the amounts required under Section 22901 as well as the total amount of the premium required from the employer and enrollees in accordance with regulations of the board. Enrollment of the eligible family members shall be continuous following the death of the annuitant, or the effective date of enrollment, as applicable, so long as the surviving family members meet the eligibility requirements of Section 22775 and any regulations promulgated with respect to that section. Either a failure to timely pay the required premiums and associated costs of the coverage or the cancellation of coverage shall terminate the coverage without the option to reenroll. The contracting agency may elect to require the family members to pay all or any part of the employer premium for enrollment. (c) This section shall apply to a contracting agency only upon the filing with the board of a resolution of its governing board electing to be subject to this section. (Added by Stats. 2010, Ch. 639, Sec. 24. (SB 1139) Effective January 1, 2011.)
  168. 22820.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section gives surviving spouses and other eligible family members of certain deceased firefighters and peace officers enrollment and state-funded contribution benefits, and requires the employer and board to act on contact and enrollment information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22820. (a) Upon the death, on or after January 1, 2002, of a firefighter employed by a county, city, city and county, district, or other political subdivision of the state, a firefighter employed by the Department of Forestry and Fire Protection, a firefighter employed by the federal government who was a resident of this state and whose regular duty assignment was to perform firefighting services within this state, or a peace officer as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.38, 830.39, 830.4, 830.5, 830.55, or 830.6 of the Penal Code, if the death occurred as a result of injury or disease arising out of and in the course of their official duties, the surviving spouse or other eligible family member of the deceased firefighter or peace officer, if uninsured, is deemed to be an annuitant under Section 22760 for purposes of enrollment. All eligible family members of the deceased firefighter or peace officer who are uninsured may enroll in a health benefit plan of the surviving spouse’s choice. However, an unmarried child of the surviving spouse is not eligible to enroll in a health benefit plan under this section if the child was not a family member under Section 22775 and regulations pertinent thereto prior to the firefighter’s or peace officer’s date of death. A notification of the death of any firefighter or peace officer subject to this section may come from any reliable and verifiable source. Upon request, the employer of the deceased firefighter or peace officer shall provide to the board within 10 business days any updated contact information for a surviving spouse or family member who may be eligible for enrollment in a health benefit plan under this section. (b) Upon notification, the board shall promptly determine eligibility and shall forward to the eligible spouse or family member the materials necessary for enrollment. In the event of a dispute regarding whether a firefighter’s or peace officer’s death occurred as a result of injury or disease arising out of and in the course of their official duties as required under subdivision (a), that dispute shall be determined by the Workers’ Compensation Appeals Board, subject to the same procedures and standards applicable to hearings relating to claims for workers’ compensation benefits. The jurisdiction of the Workers’ Compensation Appeals Board under this section is limited to the sole issue of industrial causation and this section does not authorize the Workers’ Compensation Appeals Board to award costs against the system. (c) (1) Notwithstanding any other provision of law, and except as otherwise provided in subdivision (d), the state shall pay the employer contribution required for enrollment under this part for the uninsured surviving spouse of a deceased firefighter or peace officer for life, and the other uninsured eligible family members of a deceased firefighter or peace officer, provided the family member meets the eligibility requirements of Section 22775 and regulations pertinent thereto. (2) The contribution payable by the state for each uninsured surviving spouse and other uninsured eligible family members shall be adjusted annually and be equal to the amount specified in Section 22871. (3) The state’s contribution under this section shall commence on the effective date of enrollment of the uninsured surviving spouse or other uninsured eligible family members. The contribution of each surviving spouse and eligible family member shall be the total cost per month of the benefit coverage afforded to them under the plan less the portion contributed by the state pursuant to this section. (d) The cancellation of coverage by an annuitant, as defined in this section, shall be final without option to reenroll, unless coverage is canceled because of enrollment in an insurance plan from another source. (e) For purposes of this section, “surviving spouse” means a spouse who was married to the deceased firefighter or peace officer on the deceased’s date of death and either was married for a continuous period of at least one year prior to the date of death or was married to the deceased prior to the date the deceased firefighter or peace officer sustained the injury or disease resulting in death. (f) For purposes of this section, “uninsured” means that the surviving spouse is not enrolled in an employer-sponsored health plan under which the employer contribution covers 100 percent of the cost of health care premiums. (g) The board has no duty to identify, locate, or notify any surviving spouse or eligible family member who may be or may become eligible for benefits under this section. (Amended by Stats. 2021, Ch. 186, Sec. 11. (SB 634) Effective January 1, 2022.)
  169. 22822.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A person is not eligible to enroll as a family member in a health benefit plan under this part if they became a family member of a surviving spouse after the member’s death.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22822. No person is eligible for enrollment in a health benefit plan pursuant to this part as a family member if he or she becomes a family member of a surviving spouse of a deceased member of the system after the date of the member’s death. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  170. 22823.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    An employee who leaves the employee organization becomes ineligible for that organization’s health plan, but may keep enrollment until notified of the loss of eligibility.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22823. (a) Notwithstanding Section 10270.5 of the Insurance Code, an employee who is enrolled in a board-approved health benefit plan sponsored by an employee organization that is the exclusive representative pursuant to the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1) and who terminates his or her membership in the respective employee organization shall become ineligible for enrollment in the health benefit plan. (b) Notwithstanding subdivision (a), the employee may continue enrollment in the employee organization health benefit plan until he or she is notified by the employee organization of the loss of eligibility. Upon notification of the loss of eligibility, the employee within 60 days may change his or her enrollment to another health benefit plan for which the employee is eligible. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  171. 22825.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Some annuitants may not enroll in the specified health plan unless they were active employees in the trust for at least five years; disability retirees may enroll if otherwise eligible, and certain former California State Police members are eligible or exempt from the five-year requirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22825. (a) An annuitant is not eligible to participate in a health benefit plan offered by the California Association of Highway Patrolmen unless the annuitant was enrolled in the California Highway Patrolmen Health Benefits Trust for a minimum of five years as an active employee. (b) Notwithstanding subdivision (a), an annuitant that retires for disability before becoming eligible for service retirement may enroll in a health benefit plan offered by the California Association of Highway Patrolmen if otherwise eligible. (c) Former members of the California State Police are eligible to participate in a health benefit plan offered by the California Association of Highway Patrolmen, pursuant to subdivision (a) or (b). Former members of the California State Police who transferred to the California Highway Patrol and retired before January 1, 2003, are exempt from the five-year requirement. (d) This section only applies to persons who first became employees of the California Highway Patrol on or after January 1, 1994. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  172. 22826.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Service credit is determined by the employer’s retirement-system rules, or for elected officials not eligible for a retirement system, by years in office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 4. Eligibility [22800 - 22826] ( Article 4 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22826. For purposes of this part, service credit shall be determined according to the rules of the retirement system provided by the employer in which the employee participates. In the case of elected officials not eligible for participation in a retirement system, service credit shall be determined according to the number of years in office. In the elected official’s final year of office, a completed term of office shall be sufficient to earn one year of service credit for that final year of office. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  173. 22830.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    An employee or annuitant may enroll in a board-approved or board-maintained health benefit plan, subject to board regulation-based eligibility rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22830. (a) An employee or annuitant, under eligibility rules as prescribed by board regulations, may enroll in a health benefit plan approved or maintained by the board either as an individual or for self and family. (b) Enrollment shall serve as authorization of the deduction of the contributions required under this part from the salary of an employee or allowance of an annuitant. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  174. 22831.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Annuitants may keep or start enrollment after retirement or a member’s death, subject to board regulations and certain 60-day windows.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22831. (a) An annuitant may, as provided by regulations of the board, continue his or her enrollment, enroll within 60 days of retirement, enroll within 60 days of the death of the member, or enroll during any future open enrollment period without discrimination as to premium rates or benefit coverage. If the survivor of an annuitant is also an annuitant as defined in this part, he or she may enroll within 60 days of the annuitant’s death or during any future open enrollment period, as provided by regulations of the board. (b) Board rules and regulations shall provide whatever provisions necessary to eliminate or minimize the impact of adverse selection because of the enrollment of annuitants that would affect any health benefit plans approved or maintained. This may include the reimbursement of surcharges for late enrollment in Part B of Medicare if the board determines that payment of the surcharge would be less costly than continued enrollment in a basic plan. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  175. 22832.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Some retired state employees in these categories may keep their enrollment if they met the stated pre-separation and coverage conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22832. A permanent intermittent employee and an employee who works less than full time may continue his or her enrollment while retired from state employment if he or she was enrolled prior to separation from state employment, and he or she lost eligibility prior to separation but continued his or her coverage under federal law. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  176. 22834.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Some out-of-state employees and annuitants may keep or move their health plan enrollment, but enrollment must be completed within 60 days to keep benefits going.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22834. (a) An out-of-state employee who separates from service and becomes an annuitant may continue his or her enrollment in a board-approved out-of-state health benefit plan or may transfer to any other health benefit plan approved or maintained by the board, in which the employee would otherwise be eligible to enroll. He or she must enroll in that health benefit plan within 60 days in order for health benefits to continue. (b) An annuitant who leaves this state and elects to reside in another state in which a health benefit plan is approved or maintained by the board may transfer his or her enrollment to that health benefit plan and shall be entitled to the employer contribution as provided in this part. (c) When an out-of-state employee receiving benefits pursuant to Section 22803 is permanently reassigned to perform his or her duties within the state, the benefits may be continued only until the employee has had reasonable opportunity to enroll in a health benefit plan within the state that is approved or maintained by the board. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  177. 22836.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    An employee in a health benefit plan who is suspended or removed without pay and later reinstated after an unjustified removal must keep interim coverage and benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22836. An employee enrolled in a health benefit plan who is removed or suspended without pay and later reinstated or restored to duty on the ground that the removal or suspension was unjustified, unwarranted, or illegal may not be deprived of coverage or benefits for the interim. Any contributions otherwise payable by the employer that were actually paid by the employee shall be restored to the same extent and effect as though the removal or suspension had not taken place, and any other equitable adjustments necessary and proper under the circumstances shall be made in premiums, claims, and other charges. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  178. 22837.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    If an employee dies after family enrollment is filed but before coverage starts, the family members are treated as covered from the date of death. If a family member later becomes an annuitant, enrollment continues without discrimination in premium rates or benefit coverage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22837. In the case of the death of an employee after an application has been filed for the enrollment of family members, but prior to the effective date of coverage, the family members are deemed to have been covered on the date of the death of the employee. If one of the family members becomes an annuitant, enrollment shall continue without discrimination as to premium rates or benefit coverage. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  179. 22838.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Some reinstated annuitants may enroll again in an approved or maintained health plan after subsequent retirement if they meet the timing and contribution conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 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, elect to enroll in a health benefit plan approved or maintained by the board as an annuitant of the employer from which he or she was eligible to receive a postretirement health benefit contribution payable by that employer during his or her prior retirement, if both of the following apply: (1) The subsequent retirement of that person occurs within 120 days after separation from employment or, if applicable, consistent with the provisions of subdivision (b) of Section 22893. (2) 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 that employer during his or her prior retirement. (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) For purposes of calculating the employer postretirement health benefit contribution, the credited service of a person who enrolls as an annuitant pursuant to this section shall not include service performed for any other employer during his or her reinstatement from retirement. (d) This section shall apply irrespective of whether the person receives health care coverage under this part 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. (Added by Stats. 2013, Ch. 525, Sec. 2. (AB 410) Effective January 1, 2014.)
  180. 22839.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A qualifying state employee may enroll in a board-approved or board-maintained health benefit plan and receive the employer contribution during specified retirement and open-enrollment windows.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22839. Thirty days prior to, or 60 days following, retirement and during the open enrollment period, a state employee enrolled in a flexible benefit plan administered by the state shall be given the option to enroll in a health benefit plan approved or maintained by the board and receive the applicable employer contribution, if the state employee would otherwise qualify as an annuitant. (Amended by Stats. 2009, Ch. 130, Sec. 33. (AB 966) Effective January 1, 2010.)
  181. 22840.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Certain state employees in the state flexible benefits program may enroll in a health plan outside open enrollment if they meet the stated conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22840. (a) Notwithstanding any other provision of law, a state employee participating in a flexible benefits program administered by the state, who either terminated enrollment in a health benefit plan approved or maintained by the board in reliance on other medical coverage or who was enrolled in a board-approved health benefit plan for self only, may enroll in a health benefit plan without regard to the open enrollment period for either of the following purposes: (1) For self only or self and all eligible dependents, if the flexible cash option is discontinued. (2) To add all eligible dependents, upon loss of coverage, where the flexible cash option has not been selected. (b) Enrollment shall be requested within 60 calendar days of the loss of other coverage and submitted to the system by the employer. The effective date of enrollment shall be the first day of the month following the loss of other coverage. Enrollment shall entitle the employee to receive the benefit of the applicable employer contribution. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  182. 22841.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    An employee or annuitant may transfer enrollment between health benefit plans under board rules, and may also seek grievance review and later change plans if the grievance process finds the doctor-patient relationship cannot reasonably be maintained.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22841. (a) A transfer of enrollment from one health benefit plan to another may be made by an employee or annuitant at times and under conditions as may be prescribed by regulations of the board. (b) In the case of a health benefit plan in which services are provided by a limited panel of physicians associated with the plan, it is recognized that it may be impossible or impractical to maintain acceptable physician-patient relationships with particular employees, annuitants, or family members. In those cases, the employee or annuitant may submit the question of ability to maintain adequate physician-patient relationships for consideration under the grievance procedure provided pursuant to subdivision (d) of Section 22853. If the grievance procedure results in a determination that an adequate physician-patient relationship cannot reasonably be maintained, then the employee or annuitant may, in accordance with regulations of the board, change his or her enrollment to another health benefit plan without regard to physical condition, age, race, or other status. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  183. 22842.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    An employee or annuitant may request a coverage change after a family status change by filing an application.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22842. A change in coverage based on a change in the family status of an employee, annuitant, or family member enrolled in a health benefit plan may be requested by the employee or annuitant by filing an application within 30 days after the occurrence of the change in family status or at other times and according to conditions as may be prescribed by regulations of the board. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  184. 22843.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A spouse or domestic partner may enroll as an individual if both partners are employees or annuitants, but no one may be enrolled both as an employee or annuitant and as a family member.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22843. If an employee or annuitant has a spouse or a domestic partner who is an employee or annuitant, each spouse or domestic partner may enroll as an individual. No person may be enrolled both as an employee or annuitant and as a family member. A family member may be enrolled in respect to only one employee or annuitant. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  185. 22844.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Some Medicare-enrolled employees, annuitants, and family members may not be enrolled in certain health plans, and the board may not grant new exemptions after July 1, 2015.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22844. (a) Employees, annuitants, and family members who become eligible to enroll on or after January 1, 1985, in Part A and Part B of Medicare shall not be enrolled in a basic health benefit plan. If the employee, annuitant, or family member is enrolled in Part A and Part B of Medicare, he or she may enroll in a Medicare health benefit plan. (b) Employees, annuitants, and family members enrolled in a prescription drug plan under Part D of Medicare shall not be enrolled in a board-approved health benefit plan. This subdivision does not apply to an individual enrolled in a board-approved or offered health benefit plan that provides a prescription drug plan or qualified prescription drug coverage under Part D of Medicare as part of its benefit design. (c) This section does not apply to employees and family members that are specifically excluded from enrollment in a Medicare health benefit plan by federal law or federal regulation. (d) The board shall not grant any further exemptions to this section after July 1, 2015. (Amended by Stats. 2015, Ch. 28, Sec. 5. (SB 98) Effective June 24, 2015.)
  186. 22846.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Board regulations must set coverage start and end dates for enrolled employees, annuitants, and family members, and may allow some coverage to continue after separation or death. Certain employees may extend enrollment after termination if they leave voluntarily or are dismissed for cause before retirement eligibility.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22846. (a) The regulations of the board shall provide for the beginning and ending dates of coverage of employees, annuitants, and family members enrolled in a health benefit plan. The regulations may permit coverage to continue, in addition to any temporary extension of coverage otherwise authorized under this part, until the end of the pay period in which an employee is separated from service or until the end of the month in which an annuitant ceases to be entitled to an allowance. In case of the death of an employee or annuitant, the regulations may permit a temporary extension of the coverage of family members for a period of more than 30 days. (b) Notwithstanding any other provision of this part, an employee terminating his or her service by voluntary separation or due to dismissal for cause, prior to eligibility for retirement, may extend enrollment until the end of the month following the month in which his or her service is terminated. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  187. 22847.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A contracting agency must keep paying the employer contribution for certain enrolled family members of a deceased peace officer or firefighter for up to 120 days, then stop when enrollment occurs under Section 22820 or the board finds the family is ineligible.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22847. (a) Subject to subdivisions (b) and (c), if the eligible family members of a deceased peace officer or firefighter of a contracting agency, as described in subdivision (a) of Section 22820, are validly enrolled under this part on the date of the employee’s death, the contracting agency shall continue to pay the employer contribution applicable to active employees for the continued enrollment of those eligible family members for a period not to exceed 120 days, beginning in the month of the employee’s death. (b) A contracting agency shall remit the amounts required under Section 22901 as well as the total amount of premium required from the employer under this part in accordance with regulations of the board. Enrollment of the eligible family members shall be continuous following the death of the employee. (c) Notwithstanding subdivision (a), the contracting agency’s obligation to pay the employer contribution pursuant to this section shall terminate upon either of the following: (1) Enrollment of the eligible family members pursuant to Section 22820. (2) A final determination of the board that the deceased employee’s family members are not eligible to enroll or continue enrollment under this part. (d) During the period that enrollment is continued pursuant to this section, the surviving spouse or eldest eligible family member shall retain the rights and obligations that otherwise would be applicable to the employee under this part. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  188. 22848.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    An employee or annuitant who is dissatisfied with a coverage-related action or failure to act may appeal to the board and must be given a fair hearing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22848. An employee or annuitant who is dissatisfied with any action or failure to act in connection with his or her coverage or the coverage of his or her family members under this part shall have the right of appeal to the board and shall be accorded an opportunity for a fair hearing. The hearings shall be conducted, insofar as practicable, pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  189. 22849.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    When a legislative employee dies while in service, the Legislature must keep paying employer health benefit contributions for up to 120 days, and specified officials must advise the surviving spouse or eligible family member about rights and obligations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 5. Enrollment and Coverage [22830 - 22849] ( Article 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22849. (a) Notwithstanding Section 22846, the Legislature shall, upon the death of a legislative employee while in service, continue to pay employer contributions for health benefits for a period not to exceed 120 days beginning in the month of the employee’s death. The surviving spouse or other eligible family member shall be advised of all rights and obligations during this period regarding the continuation of health benefits as an annuitant by the Public Employees’ Retirement System. (b) This section shall apply to employees of the Legislature to the extent that the benefits have been elected. The employer for purposes of this section is the Senate or the Assembly as is applicable to the employee at death while in legislative service. The Senate Committee on Rules or the Assembly Committee on Rules, depending on the employment status of the decedent, shall provide the advisements required by subdivision (a). (Added by Stats. 2022, Ch. 189, Sec. 1. (SB 835) Effective January 1, 2023.)
  190. 22850.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The board may contract for and manage certain public employee health benefit plans, and some actors have limits or duties tied to those plans.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22850. (a) The board may, without compliance with any provision of law relating to competitive bidding, enter into contracts with carriers offering health benefit plans or with entities offering services relating to the administration of health benefit plans. (b) The board may contract with carriers for health benefit plans or approve health benefit plans offered by employee organizations, provided that the carriers have operated successfully in the hospital and medical care fields prior to the contracting for or approval thereof. The plans may include hospital benefits, surgical benefits, inpatient medical benefits, outpatient benefits, obstetrical benefits, and benefits offered by a bona fide church, sect, denomination, or organization whose principles include healing entirely by prayer or spiritual means. (c) Notwithstanding any other provision of this part, the board may contract with health benefit plans offering unique or specialized health services. (d) The board may administer self-funded, partially self-funded, or minimum premium health benefit plans. (e) The board may contract for or implement employee cost containment and cost reduction incentive programs that involve the employee, the annuitant, and family members as active participants, along with the carrier and the provider, in a joint effort toward containing and reducing the cost of providing medical and hospital health care services to public employees. In developing these plans, the board, in cooperation with the Department of Human Resources, may request proposals from carriers and certified public employee representatives. (f) Notwithstanding any other provision of this part, the board may do any of the following: (1) Contract for, or approve, health benefit plans that charge a contracting agency and its employees and annuitants rates based on regional variations in the costs of health care services. (2) Contract for, or approve, health benefit plans exclusively for the employees and annuitants of contracting agencies. State employees and annuitants may not enroll in these plans. The board may provide health benefit plans exclusively for employees and annuitants of contracting agencies in addition to or in lieu of other health benefit plans offered under this part pursuant to Section 22922. (3) Implement and administer risk adjustment procedures consistent with Section 22864 that require health benefit plans to adjust premiums and authorize the system to redistribute premiums based on rules and regulations established by the board for this purpose. (g) (1) The board shall approve any employee association health benefit plan that was approved by the board in the 1987–88 contract year or prior, provided the plan continues to meet the minimum standards prescribed by the board. The trustees of an employee association health benefit plan are responsible for providing health benefit plan administration and services to its enrollees. (2) Notwithstanding any other provision of this part, the California Correctional Peace Officer Association Health Benefits Trust and the Peace Officers Research Association of California Insurance and Benefits Trust may offer different health benefit plan designs with varying premiums in different areas of the state. The trustees of these health benefit plan trusts shall not use geographic regions that are different from the geographic regions established by the board for the regional premiums of contracting agencies, as authorized in paragraph (1) of subdivision (f), except that these trusts may use a north or south geographic region of the state that is different from the regions established by the board. (h) Irrespective of any other provision of law, the sponsors of a health benefit plan approved under this section may reinsure the operation of the plan with an admitted insurer authorized to write disability insurance, if the premium includes the entire prepayment fee. (Amended by Stats. 2019, Ch. 330, Sec. 18. (SB 782) Effective January 1, 2020.)
  191. 22850.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The board must negotiate with health plan carriers to add a core health plan option or find other ways to achieve ongoing cost savings, starting in the 2012–13 fiscal year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22850.5. (a) In performing the duties prescribed by Section 22850, the board shall negotiate with carriers providing health benefit plans to add a core health plan option to the existing portfolio of health plans or to implement other measures to achieve ongoing cost savings beginning in the 2012–13 fiscal year, or both. (b) For purposes of this section, a “core health plan” means a plan that includes all of the following: (1) A plan that provides coverage for essential benefits at lower premiums, for both the state and the employee, than existing benefit plan options. (2) A plan that may include fewer benefits and higher employee cost sharing than those provided in existing health benefit plan options. (3) A plan option that is available for participants beginning in the 2012 open enrollment period for the 2013 calendar year. (Added by Stats. 2011, Ch. 11, Sec. 12. (SB 80) Effective March 24, 2011.)
  192. 22851.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. )

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    The board may enter into joint purchasing arrangements with private or public entities if the arrangement benefits covered persons and does not limit board or state authority or harm tax or governmental plan status.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22851. The board may enter into any joint purchasing arrangement with private or public entities, if the arrangement does all of the following: (a) Benefits persons receiving health coverage under this part. (b) Does not restrict the authority of the board or the state. (c) Does not jeopardize the system’s tax status or its governmental plan status. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  193. 22852.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. )

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    This section sets minimum contract terms for health benefit plans and gives the board control over certain contract dates and extensions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22852. (a) A contract for a health benefit plan shall be for a uniform term of at least one year and may be made automatically renewable in the absence of notice of termination by either party. Every contract for administrative services with respect to the operation of a self-funded, partially self-funded, or minimum premium health benefit plan administered by the board shall be on terms as the board deems necessary or desirable. (b) The board shall determine the beginning and ending dates of a contract with the carrier of a health benefit plan and with an entity providing services in connection with the administration of a health benefit plan. (c) Irrespective of an agreed upon termination date, the board may extend a contract for a reasonable period of time, subject to agreed upon terms and conditions. (Amended by Stats. 2019, Ch. 330, Sec. 19. (SB 782) Effective January 1, 2020.)
  194. 22853.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. )

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    Health benefit contracts must include benefit details, avoid unlawful exclusions, offer conversion options in some terminations, provide grievance procedures, and the board must ensure enough plans with chiropractic services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22853. (a) Each contract shall contain a detailed statement of benefits offered and shall include maximums, limitations, exclusions, and other definitions of benefits as the board deems necessary or desirable. (b) Except as otherwise provided by this part, a health benefit plan or contract may not exclude any person on account of physical condition, age, race, or other status. Except as otherwise provided by this part, transfer of enrollment to a health benefit plan shall be open to all employees and annuitants in accordance with Section 22841. (c) A health benefit plan or contract shall offer to each employee or annuitant whose enrollment in the plan is terminated other than by cancellation of enrollment, voluntary separation from employment, or dismissal from employment for cause, the option to convert to an individual health benefits policy, without regard to health status, but within the time limit approved by the board. An employee or annuitant that exercises this option shall pay the full periodic charges of the individual policy according to the terms and conditions prescribed by the carrier and approved by the board. (d) A health benefit plan or contract shall provide grievance procedures to protect the rights of employees and annuitants. (e) The board shall provide a sufficient number of health benefit plans that provide chiropractic services so that every employee and annuitant has a reasonable opportunity to enroll in a health benefit plan that provides chiropractic services without prior referral by a physician. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  195. 22853.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. )

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    Health benefit plans or contracts must cover an AIDS vaccine if it is FDA-approved for marketing and recommended by the U.S. Public Health Service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22853.1. (a) A health benefit plan or contract shall provide coverage for a vaccine for acquired immune deficiency syndrome (AIDS) that is approved for marketing by the federal Food and Drug Administration and that is recommended by the United States Public Health Service. (b) This section does not require a health benefit plan or contract to provide coverage for any clinical trials relating to an AIDS vaccine or for any AIDS vaccine that has been approved by the federal Food and Drug Administration in the form of an investigational new drug application. (c) Nothing in this section is to be construed in any manner to limit or impede the board’s power or responsibility to purchase the vaccine at the most cost-effective price. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  196. 22853.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. )

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    Starting January 1, 2024, health benefit plans or contracts must cover contraceptives and related services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22853.3. Commencing January 1, 2024, a health benefit plan or contract shall provide coverage for contraceptives and related services consistent with the requirements under Section 1367.25 of the Health and Safety Code and Section 10123.196 of the Insurance Code. (Added by Stats. 2022, Ch. 630, Sec. 10. (SB 523) Effective January 1, 2023.)
  197. 22853.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. )

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    Starting January 1, 2024, health benefit plans or contracts must cover vasectomies and related services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22853.4. Commencing January 1, 2024, a health benefit plan or contract shall provide coverage for vasectomies and related services consistent with the requirements under Section 1367.255 of the Health and Safety Code and Section 10123.1945 of the Insurance Code. (Added by Stats. 2022, Ch. 630, Sec. 11. (SB 523) Effective January 1, 2023.)
  198. 22854.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. )

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    The board may consider listed factors when deciding whether to contract with an entity for health care benefits or services, and may require the entity to provide more information or documents.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22854. (a) The board, in considering a contract with any entity that seeks to enter into a contract under this article for the provision of health care benefits or services, may consider all of the following: (1) Whether the applicant is of reputable and responsible character. The board may consider any available information that the applicant has demonstrated a pattern and practice of violations of state or federal laws and regulations. (2) Whether the applicant has the ability to provide, or arrange to provide for, health care benefits or services. The board may consider any of the following: (A) Any prior history of providing, or arranging to provide for, health care services or benefits in this state, the applicant’s history of substantial compliance with the requirements imposed under that license, and applicable federal laws, regulations, and requirements. (B) Any prior history in this state or any other state, of providing, or arranging to provide for, health care services or benefits authorized to receive Medicare Program reimbursement or Medicaid Program reimbursement, the applicant’s history of substantial compliance with that state’s requirements, and applicable federal laws, regulations, and requirements. (C) Any prior history of providing, or arranging to provide for, health services as a licensed health professional or an individual or entity contracting with a health care service plan or insurer, and the applicant’s history of substantial compliance with state requirements, and applicable federal law, regulations, and requirements. (b) The board may also require the entity described in subdivision (a) to furnish other information or documents for the purposes of this section. (Added by Stats. 2006, Ch. 758, Sec. 1. Effective January 1, 2007.)
  199. 22854.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. )

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    Certain health benefit entities must disclose hospital payment and utilization data to the board, while the board must keep that information confidential and restricted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22854.5. (a) A health benefit plan or contractor, or an entity offering services relating to the administration of health benefit plans to members and annuitants, shall disclose to the board, staff, and any contractor or consultant of the system, the cost, utilization, actual claim payments, and contract allowance amounts for health care services rendered by participating hospitals to each member and annuitant. (b) The information specified in subdivision (a) shall be deemed confidential information and protected in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg), the final regulations issued pursuant to the act by the United States Department of Health and Human Services (45 C.F.R. Parts 160 and 164), and the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code). Information provided to the board, staff, and any contractor or consultant of the system shall not include individual member or annuitant identifying information. (c) The information specified in subdivision (a) shall be deemed to be confidential trade secret information in accordance with subdivision (d) of Section 3426.1 of the Civil Code and Section 1060 of the Evidence Code. (d) The board shall not disclose the information specified in subdivision (a) in either individual or aggregated form to any other health care service plan or insurer or any entity offering services relating to the administration of health benefit plans, and shall not make this information available to the public, including, but not limited to, any summaries, compilations, or rankings derived from this information. This information shall be used only to make decisions that materially affect the members and annuitants of the health benefits program established by the board. (e) Any staff, contractor, or consultant to whom information is disclosed pursuant to subdivision (a) shall be subject to all the restrictions in this section regarding the confidentiality and nondisclosure of that information. (f) The information specified in subdivision (a), in either individual or aggregated form, shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) pursuant to Section 7927.705. (g) Upon request from a hospital, the board shall, on an annual basis, provide the hospital a reasonable opportunity to validate the data that has been provided to the board by a health insurer, health care service plan, or entity pursuant to subdivision (a). (h) For purposes of this section: (1) “Actual claim payment” means the actual amount paid by the health care plan or administrator to the participating hospital for a health care service rendered to a member or annuitant, exclusive of member or annuitant cost sharing and any other payment adjustments. (2) “Contract allowance amounts” means the negotiated rate that the participating hospital agrees to accept as payment for a health care service rendered to a member or annuitant under the provider agreement between the health plan or administrator and the participating hospital. (3) “Cost” means the full amount billed by the participating hospital for a health care service rendered to a member or annuitant. (Amended by Stats. 2021, Ch. 615, Sec. 186. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  200. 22855.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. )

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    The board must withdraw approval of a health benefit plan when required findings are made, but only after giving notice and a reasonable chance for a public hearing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 5. THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT [22750 - 22948] ( Part 5 added by Stats. 2004, Ch. 69, Sec. 22. ) ## CHAPTER 1. Public Employees’ Health Benefits [22750 - 22944.6] ( Chapter 1 added by Stats. 2004, Ch. 69, Sec. 22. ) ## ARTICLE 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22855. The board shall withdraw its approval of a health benefit plan if it finds that the plan or carrier is not in compliance with the standards prescribed therefor, that the plan or carrier has not paid or will be unable to pay claims accrued or to accrue, or for other good cause as shown. The board shall provide reasonable notice of its intention to withdraw approval of a health benefit plan to any carrier, employee organization, or organization of physicians that may be directly interested, to the persons enrolled in the health benefit plan, and to other persons and organizations as the board may deem proper. The notice shall state the effective date of, and reason for, the withdrawal of board approval. The approval of a health benefit plan may not be withdrawn until after the notice and after all interested parties have been afforded reasonable opportunity for public hearing on the question. The hearings shall be conducted, insofar as practicable, pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)

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