Government Code — Part 31 | GOV — United States — California law | Esheria

Government Code

Part 31 of 107 · provisions 6,001–6,200

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. 22857.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 contract with out-of-state carriers to provide health benefits for employees and annuitants living outside California, and out-of-state employees may join certain group health benefit plans if the board approves or sets the standards.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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. ) ## 22857. (a) Notwithstanding any other provision of law, the board may contract with carriers licensed and doing business in other states to provide health benefits for employees and annuitants who reside outside of this state. The contracts shall be on terms as the board deems necessary or desirable. The health benefit plans are not necessarily required to meet the minimum requirements of the board, as specified in board regulations, but shall provide appropriate safeguards for members. (b) An out-of-state employee may enter into a group health benefit plan provided by an out-of-state health maintenance organization, group insurance policy, group service agreement, membership or subscription contract, or other similar group arrangement provided by a carrier for the purpose of providing, arranging, paying for, or reimbursing the cost of health benefits and that is in operation in the community or area where the employee’s duties are usually performed. These contracts, plans, agreements, arrangements, or policies shall meet with the approval of, or meet standards approved by, the board. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  2. 22859.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 and contracts may not exclude or reduce coverage because someone has Medi-Cal or Medicaid, and each plan must be considered when deciding third-party liability for medical 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 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22859. (a) A health benefit plan or contract may not provide any of the following: (1) An exception for other coverage where the other coverage is entitlement to Medi-Cal or medicaid benefits. (2) An exception for Medi-Cal or medicaid benefits. (3) A benefits reduction if the person has entitlement to Medi-Cal or medicaid benefits. (4) An exception for enrollment because of an applicant’s entitlement to Medi-Cal or medicaid benefits. (b) Each health benefit plan shall be considered in determining the third-party liability for medical expenses incurred by a Medi-Cal or a medicaid recipient. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  3. 22860.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 adopt rules and regulations to implement this section, and those rules may set benefit exclusions, limits, different rates, or separate enrollment for certain employees or annuitants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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. ) ## 22860. It is the policy of the Legislature that benefits provided by a health benefit plan be integrated with the benefits provided by federal or state plans for health care services for the aged in which there is federal or state financial participation. The board shall adopt rules and regulations necessary to implement this section. Notwithstanding any other provision of this part, those rules and regulations may establish exclusions and limitations with respect to benefits, different rates within health benefit plans for employees or annuitants eligible for benefits under other plans, or enrollment of those employees or annuitants in separate plans. (Amended by Stats. 2005, Ch. 22, Sec. 86. Effective January 1, 2006.)
  4. 22863.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 provide health plan information and documents to eligible employees and annuitants, and it must compile data and continue studying health benefit plan operations and service quality.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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. ) ## 22863. (a) The board shall make available to employees and annuitants eligible to enroll in a health benefit plan information that will enable the employees or annuitants to exercise an informed choice among the available health benefit plans. Each employee or annuitant enrolled in a health benefit plan shall be issued an appropriate document setting forth or summarizing the services or benefits to which the employee, annuitant, or family members are entitled to thereunder, the procedure for obtaining benefits, and the principal provisions of the health benefit plan. (b) The board shall compile and provide data regarding age, sex, family composition, and geographical distribution of employees and annuitants and make continuing study of the operation of this part, including, but not limited to, surveys and reports on health benefit plans, medical and hospital benefits, the standard of care available to employees and annuitants, and the experience of health benefit plans receiving contributions under this part with respect to matters such as gross and net cost, administrative cost, and utilization of benefits. (c) The board shall, with the advice of and in consultation with persons or organizations having special skills or experience in the provision of health care services, study methods of evaluating and improving the quality and cost of health care services provided under this part. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  5. 22864.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 set and adjust health plan premiums, and the part does not limit several listed board actions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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. ) ## 22864. (a) Premiums charged for enrollment in a health benefit plan shall reasonably reflect the cost of the benefits provided. (b) This part does not limit the board’s authority to do any of the following: (1) Enter into contracts with carriers providing compensation based on carrier performance. (2) Credit premiums to an employer for expenditures that the board determines are likely to improve the health status of employees and annuitants or otherwise reduce health care costs. (3) Adjust the premiums charged under any health benefit plan or contract to reflect regional variations in the cost of health care services and other relevant factors. Any adjustment of these premiums shall be at the sole discretion of the board and shall only apply to the premiums charged to employees and annuitants of contracting agencies. The board may require a contracting agency and its employees and annuitants to pay the premium rate established pursuant to this paragraph, which may be different than the health benefit plan or contract premium rate that would otherwise be applicable to that agency. (4) Adjust premiums as part of programs for health promotion and disease prevention. (5) Develop procedures for risk adjustment of premiums across plans that encourage plans to offer benefits based upon medical and administrative efficiency and quality of care rather than on the employee’s or annuitant’s health status or service areas with low-risk populations. Any risk adjustment program or procedure shall be at the sole discretion of the board. (Amended by Stats. 2012, Ch. 445, Sec. 2. (AB 2142) Effective January 1, 2013.)
  6. 22865.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 give a written initial estimate of proposed changes and costs at least 30 days before approval of certain benefits and premium readjustments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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. ) ## 22865. Not later than 30 days prior to the approval of benefits and premium readjustments authorized under Section 22864, the board shall provide an initial estimate of proposed changes and costs in writing to the Joint Legislative Budget Committee, the chairpersons of the committees and subcommittees in each house of the Legislature that consider the Public Employees’ Retirement System’s budget and activities, the Controller, the Trustees of the California State University, the Department of Human Resources, the Director of Finance, and the Legislative Analyst. (Amended by Stats. 2016, Ch. 86, Sec. 162. (SB 1171) Effective January 1, 2017.)
  7. 22866.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 report on the health benefits program to the Legislature and the Director of Finance by November 1, 2016, and every year after that.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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. ) ## 22866. (a) The board shall report to the Legislature and the Director of Finance on or before November 1, 2016, and annually thereafter, regarding the health benefits program. The report shall include, but not be limited to the following: (1) General overview of the health benefits program, including, but not limited to, the following: (A) Description of health plans and benefits provided, including essential and nonessential benefits as required by state and federal law, member expected out-of-pocket expenses, and actuarial value by metal tier as defined by the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). (B) Geographic coverage. (C) Historic enrollment information by basic and Medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier. (D) Historic expenditures by basic and Medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier. (2) Reconciliation of premium increases or decreases from the prior plan year, and the reasons for those changes. (A) Description of benefit design and benefit changes, including prescription drug coverage, by plan. The description shall detail whether benefit changes were required by statutory mandate, federal law, or an exercise of the board’s discretion, the costs or savings of the benefit change, and the impact of how the changes fit into a broader strategy. (B) Discussion of risk. (C) Description of medical trend changes in aggregate service categories for each plan. The aggregate service categories used shall include the standard categories of information collected by the board, consisting of the following: inpatient, emergency room, ambulatory surgery, office, ambulatory radiology, ambulatory lab, mental health and substance abuse, other professional, prescriptions, and all other service categories. (D) Reconciliation of past year premiums against actual enrollments, revenues, and accounts receivables. (3) Overall member health as reflected by data on chronic conditions. (4) The impact of federal subsidies or contributions to the health care of members, including Medicare Part A, Part B, Part C, or Part D, low-income subsidies, or other federal program. (5) The cost of benefits beyond Medicare contained in the board’s Medicare supplemental plans. (6) A description of plan quality performance and member satisfaction, including, but not limited to, the following: (A) The Healthcare Effectiveness Data and Information Set, referred to as HEDIS. (B) The Medicare star rating for Medicare supplemental plans. (C) The degree of satisfaction of members and annuitants with the health benefit plans and with the quality of the care provided, to the extent the board surveys participants. (D) The level of accessibility to preferred providers for rural members who do not have access to health maintenance organizations. (E) Other applicable quality measurements collected by the board as part of the board’s health plan contracts. (7) A description of risk assessment and risk mitigation policy related to the board’s self-funded and partially self-funded plan offerings, including, but not limited to the following: (A) Reserve levels and their adequacy to mitigate plan risk. (B) The expected change in reserve levels and the factors leading to this change. (C) Policies to reduce excess reserves or rebuild inadequate reserves. (D) Decisions to lower premiums with excess reserves. (E) The use of reinsurance and other alternatives to maintaining reserves. (8) Description and reconciliation of administrative expenditures, including, but not limited to, the following: (A) Organization and staffing levels, including salaries, wages, and benefits. (B) Operating expenses and equipment expenditure items, including, but not limited to, internal and external consulting and intradepartmental transfers. (C) Funding sources. (D) Investment strategies, historic investment performance, and expected investment returns of the Public Employees’ Contingency Reserve Fund and the Public Employees’ Health Care Fund. (9) Changes in strategic direction and major policy initiatives. (b) A report submitted pursuant to subdivision (a) shall be provided in compliance with Section 9795. (Amended by Stats. 2019, Ch. 330, Sec. 20. (SB 782) Effective January 1, 2020.)
  8. 22867.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 article cannot be read as overriding or weakening specified Business and Professions Code or Insurance Code provisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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. ) ## 22867. The provisions of this article do not supersede, modify, or in any manner alter or impair the effect of any provision of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or any provision of the Insurance Code. This article shall be interpreted and applied in a manner consistent with those provisions of the Business and Professions Code and the Insurance Code. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  9. 22869.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 board-disseminated information and compliance with specified board regulations are treated as satisfying Chapter 2.2 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 6. Health Benefit Plans and Contracts [22850 - 22869] ( Article 6 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22869. Information disseminated by the board pursuant to Section 22863, and compliance with regulations of the board adopted pursuant to subdivision (a) of Section 22846 and Sections 22800 and 22831, shall be deemed to satisfy the requirements of Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  10. 22870.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

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    The state, employees, and annuitants must contribute to health coverage costs, and an annuitant is entitled to only one 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22870. (a) The state and each employee or annuitant shall contribute a portion of the cost of providing the benefit coverage afforded under the approved health benefit plan in which the employee or annuitant is enrolled. (b) An annuitant is entitled to only one employer contribution. If more than one annuitant is receiving an allowance as the survivor of the same employee or annuitant, there shall be only one employer contribution with respect to all of those annuitants. (c) The contribution of each employee and annuitant shall be the total cost per month of the benefit coverage afforded him or her under the health benefit plan or plans in which he or she is enrolled less the portion thereof to be contributed by the employer. The employer contribution for each employee or annuitant shall commence on the effective date of enrollment. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  11. 22871.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

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    This section sets how the state employer contribution for health benefits must be calculated and adjusted, including extra contributions for employees or annuitants with enrolled family 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 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22871. (a) The employer contribution, with respect to each employee or annuitant who is in the employment of or retired from service with the state, including an academic position with the California State University, or is a survivor of that person, shall be adjusted by the Legislature in the annual Budget Act. Those adjustments shall be based on the principle that the employer contribution for each employee or annuitant shall be an amount equal to 100 percent of the weighted average of the health benefit plan premiums for an employee or annuitant enrolled for self-alone, during the benefit year to which the formula is applied, for the four health benefit plans that had the largest state enrollment, excluding family members, during the previous benefit year. For each employee or annuitant with enrolled family members, the employer shall contribute an additional 90 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four health benefit plans that had the largest state enrollment, excluding family members, during the previous benefit year. Only the enrollment of, and premiums paid by, state employees and annuitants enrolled in a basic health benefit plan shall be counted for purposes of calculating the employer contribution under this section. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions require the expenditure of funds, the provisions may not become effective unless approved by the Legislature. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  12. 22871.10.

    ## 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 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The employer must make specified health benefit contributions for employees in certain State Bargaining Units, including an 80% formula and an additional amount up to $165 for some 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 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22871.10. (a) Notwithstanding Section 22871.9, or any other provision of this article, the employer contribution with respect to employees in State Bargaining Units 1, 4, 11, 14, 15, 17, 20, and 21 shall be as described in subdivision (b). (b) Effective with the beginning of the pay period following ratification by the affected union membership and enactment of this section, the employer contribution for each employee shall be an amount equal to 80 percent of the weighted average of the basic health benefit plan premiums for an active state civil service employee enrolled for self alone, during the benefit year to which the formula is applied, for the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. For each employee with enrolled family members, the employer shall contribute an additional 80 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year (c) Effective the first day of the pay period following ratification but no earlier than December 1, 2023, the employer contribution shall include an additional amount of up to $165 (one hundred sixty-five dollars) toward the monthly employer health benefit contribution for each employee who is enrolled in a CalPERS sponsored health plan. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions require the expenditure of funds, the provisions may not become effective unless approved by the Legislature. (Added by renumbering Section 20871.10 by Stats. 2024, Ch. 80, Sec. 65. (SB 1525) Effective January 1, 2025.)
  13. 22871.3.

    ## 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section sets how much the employer contribution must be for certain annuitants’ health plan premiums, generally 80% of specified weighted-average premiums, with a cap for annuitants eligible for Medicare Part A and Part B.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22871.3. (a) The employer contribution for each annuitant enrolled in a basic plan shall be an amount equal to 80 percent of the weighted average of the health benefit plan premiums for an employee or annuitant enrolled for self-alone, during the benefit year to which the formula is applied, for the four health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. For each annuitant with enrolled family members, the employer contribution shall be an amount equal to 80 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. (b) The employer contribution for each annuitant enrolled in a Medicare health benefit plan in accordance with Section 22844 shall be an amount equal to 80 percent of the weighted average of the health benefit plan premiums for an annuitant enrolled in a Medicare health benefit plan for self-alone, during the benefit year to which the formula is applied, for the four Medicare health benefit plans that had the largest state annuitant enrollment, excluding family members, during the previous benefit year. For each annuitant with enrolled family members, the employer contribution shall be an amount equal to 80 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four Medicare health benefit plans that had the largest state annuitant enrollment, excluding family members, during the previous benefit year. If the annuitant is eligible for Medicare Part A, with or without cost, and Medicare Part B, regardless of whether the annuitant is actually enrolled in Medicare Part A or Part B, the employer contribution shall not exceed the amount calculated under this subdivision. (c) This section applies to: (1) A state employee who is first employed by the state and becomes a state member of the system on or after January 1, 2016, and who is represented by State Bargaining Unit 9 or 10. (2) A state employee related to State Bargaining Unit 9 or 10 who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 and first employed by the state and becomes a state member of the system on or after January 1, 2016. (3) A state employee represented by State Bargaining Unit 1, 2, 3, 4, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, or 21 who is first employed by the state and becomes a state member of the system on or after January 1, 2017. (4) A state employee related to State Bargaining Unit 1, 2, 3, 4, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, or 21 who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 and first employed by the state and becomes a state member of the system on or after January 1, 2017. (5) A judicial branch employee who is first employed by the state and becomes a state member of the system on or after January 1, 2017. This paragraph does not apply to a judge who is subject to Chapter 11 (commencing with Section 75000) or Chapter 11.5 (commencing with Section 75500) of Title 8. (6) A state employee represented by State Bargaining Unit 16 who is first employed by the state and becomes a state member of the system on or after April 1, 2017. (7) A state employee related to State Bargaining Unit 16 who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 and first employed by the state and becomes a state member of the system on or after April 1, 2017. (8) A state employee that is not related to any state bargaining unit, who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 and is first employed by the state and becomes a state member of the system on or after July 1, 2019. (9) An officer or employee of the executive branch of state government who is not a member of the civil service and first employed by the state and becomes a state member of the system on or after July 1, 2019. (10) A state employee represented by State Bargaining Unit 5 who is first employed by the state and becomes a state member of the system on or after January 1, 2020. (11) A state employee related to State Bargaining Unit 5 who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 and first employed by the state and becomes a state member of the system on or after January 1, 2020. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions require the expenditure of funds, the provisions may not become effective unless approved by the Legislature. (Amended by Stats. 2019, Ch. 859, Sec. 19. (AB 118) Effective October 13, 2019.)
  14. 22871.5.

    ## 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    For certain excluded employees, the employer contribution is set by the Department of Human Resources; for certain state employees, it is set through collective bargaining, and both are subject to legislative 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 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22871.5. (a) Notwithstanding Section 22871, the employer contribution with respect to each excluded employee, as defined by subdivision (b) of Section 3527, who is otherwise eligible shall be determined by the Department of Human Resources subject to the appropriation of funds by the Legislature. (b) Notwithstanding Section 22871, the employer contribution with respect to each state employee, as defined by subdivision (c) of Section 3513, who is otherwise eligible shall be determined through the collective bargaining process subject to the appropriation of funds by the Legislature. (Amended by Stats. 2012, Ch. 665, Sec. 155. (SB 1308) Effective January 1, 2013.)
  15. 22871.6.

    ## 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    For State Bargaining Unit 9, the employer must make health plan contribution payments calculated as 80% of specified premium averages, with an extra 80% for enrolled family 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 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22871.6. (a) Notwithstanding Section 22871, subdivision (b) of Section 22871.5, or any other provision of this article, the employer contribution with respect to employees in State Bargaining Unit 9 shall be as described in subdivision (b). (b) Effective January 1, 2004, the employer contribution for each employee shall be an amount equal to 80 percent of the weighted average of the basic health benefit plan premiums for an active state civil service employee enrolled for self alone, during the benefit year to which the formula is applied, for the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. For each employee with enrolled family members, the employer shall contribute an additional 80 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. (c) The employer contribution provided under this section is not applicable unless and until the effective date of the employee’s enrollment in an approved health benefit plan. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions require the expenditure of funds, the provisions may not become effective unless approved by the Legislature. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  16. 22871.7.

    ## 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 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    For employees in State Bargaining Units 5 and 8, the employer must contribute to health benefit premiums at the rates set out in this section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22871.7. (a) Notwithstanding Section 22871, subdivision (b) of Section 22871.5, or any other provision of this article, the employer contribution with respect to employees in State Bargaining Units 5 and 8 shall be as described in subdivision (b). (b) (1) From January 1, 2004, to December 31, 2005, inclusive, the employer contribution for each employee shall be an amount equal to 80 percent of the weighted average of the basic health benefit plan premiums for an active state civil service employee enrolled for self alone, during the benefit year to which the formula is applied, for the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. For each employee with enrolled family members, the employer shall contribute an additional 80 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. (2) Beginning January 1, 2006, the employer contribution for each employee shall be an amount equal to 85 percent of the weighted average of the basic health benefit plan premiums for an active state civil service employee enrolled for self alone, during the benefit year to which the formula is applied, for the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. For each employee with enrolled family members, the employer shall contribute an additional 80 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. (c) The employer contribution provided under this section is not applicable unless and until the effective date of the employee’s enrollment in an approved health benefit plan. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions require the expenditure of funds, the provisions may not become effective unless approved by the Legislature. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  17. 22871.8.

    ## 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 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section sets the employer contribution for health benefits for employees in State Bargaining Units 16 and 19, with different percentages for different periods.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22871.8. (a) Notwithstanding Section 22871, subdivision (b) of Section 22871.5, or any other provision of this article, the employer contribution with respect to employees in State Bargaining Units 16 and 19 shall be as described in subdivision (b). (b) (1) From January 1, 2004, to December 31, 2005, inclusive, the employer contribution for each employee shall be an amount equal to 80 percent of the weighted average of the basic health benefit plan premiums for an active state civil service employee enrolled for self alone, during the benefit year to which the formula is applied, for the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. For each employee with enrolled family members, the employer shall contribute an additional 80 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. (2) Beginning January 1, 2006, the employer contribution for each employee shall be an amount equal to 85 percent of the weighted average of the basic health benefit plan premium for an active state civil service employee enrolled for self alone, during the benefit year to which the formula is applied, for the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. For each employee with enrolled family members, the employer shall contribute an additional 80 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. (3) Beginning January 1, 2007, the employer contribution for each employee shall be an amount equal to 80 percent of the weighted average of the basic health benefit plan premium for an active state civil service employee enrolled for self alone, during the benefit year to which the formula is applied, for the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. For each employee with enrolled family members, the employer shall contribute an additional 80 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. (c) The employer contribution provided under this section is not applicable unless and until the effective date of the employee’s enrollment in an approved health benefit plan. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions require the expenditure of funds, the provisions may not become effective unless approved by the Legislature. (Amended by Stats. 2013, Ch. 391, Sec. 9. (AB 478) Effective September 27, 2013.)
  18. 22871.9.

    ## 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 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    For certain state bargaining units, the employer must contribute 80% of specified health plan premium amounts, with extra contributions for employees who have enrolled family 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 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22871.9. (a) Notwithstanding Section 22871, subdivision (b) of Section 22871.5, or any other provision of this article, the employer contribution with respect to employees in State Bargaining Units 1, 4, 10, 11, 14, 15, 17, 20, and 21 shall be as described in subdivision (b). (b) Effective January 1, 2004, the employer contribution for each employee shall be an amount equal to 80 percent of the weighted average of the basic health benefit plan premiums for an active state civil service employee enrolled for self alone, during the benefit year to which the formula is applied, for the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. For each employee with enrolled family members, the employer shall contribute an additional 80 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four basic health benefit plans that had the largest active state civil service enrollment, excluding family members, during the previous benefit year. (c) The employer contribution provided under this section is not applicable unless and until the effective date of the employee’s enrollment in an approved health benefit plan. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions require the expenditure of funds, the provisions may not become effective unless approved by the Legislature. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  19. 22872.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    For certain out-of-state employees who elect these benefits, the state and employee must share the cost, and the state cannot contribute to the contingency reserve fund except for administrative expense.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22872. If an out-of-state employee is enrolled in a health benefit plan, policy, contract, service agreement, or arrangement described in Section 22857 and elects to receive the benefits provided by this part, the state and the employee shall contribute and disburse a portion of the cost of providing the benefit coverage in the same amounts and in a like manner as is provided for contributions, withholdings, appropriations, and payments for health benefit plans under Sections 22871, 22880, 22881, 22883, 22885, and 22913. Disbursements may be made to any person, association, corporation, insurer, or other entity responsible for providing the benefit coverage, except that the state shall make no contribution to the Public Employees’ Contingency Reserve Fund, for other than administrative expense, with respect to an out-of-state employee and the fund may not be made available to any extent or for any purpose other than payment of administrative costs with respect to the employee or the plan, policy, contract, service agreement, or arrangement in which he or she is enrolled under this part. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  20. 22873.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Some state employees hired on or after January 1, 1985 cannot get the full annuitant employer contribution unless they have 10 years of credited state service at retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22873. (a) Notwithstanding Section 22871, a state employee first hired on or after January 1, 1985, may not be vested for the full employer contribution payable for annuitants unless he or she has 10 years of credited state service at the time of retirement. The employer contribution payable for annuitants with less than 10 years of service shall be prorated based on credited state service at the time of retirement. This section shall apply only to state employees who retire for service. For purposes of this section, “state service” includes all municipal, superior, and justice court services rendered by a justice of the Supreme Court or court of appeal, or by a judge of the superior court. (b) This section does not apply to employees of the California State University or of the Legislature. (Amended by Stats. 2005, Ch. 328, Sec. 32. Effective January 1, 2006.)
  21. 22874.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Certain state employees hired into the system after January 1, 1989 cannot receive any annuitant employer contribution unless they have 10 years of state service at retirement, and the contribution percentage rises with years of credited 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22874. (a) Notwithstanding Sections 22870, 22871, and 22873, a state employee, defined by subdivision (c) of Section 3513, who becomes a state member of the system after January 1, 1989, may not receive any portion of the employer contribution payable for annuitants unless the person is credited with 10 years of state service at the time of retirement. (b) The percentage of the employer contribution payable for postretirement health benefits for an employee subject to this section shall be based on the completed years of credited state service at retirement as shown in the following table: Credited Years of Service Percentage of Employer Contribution 10 _____ 50 _____ 11 _____ 55 _____ 12 _____ 60 _____ 13 _____ 65 _____ 14 _____ 70 _____ 15 _____ 75 _____ 16 _____ 80 _____ 17 _____ 85 _____ 18 _____ 90 _____ 19 _____ 95 _____ 20 or more _____ 100 _____ (c) This section shall apply only to state employees that retire for service. For purposes of this section, “state service” means service rendered as an employee of the state or an appointed or elected officer of the state for compensation. Notwithstanding Section 22826, for purposes of this section, credited state service includes service to the state for which the employee, pursuant to Section 20281.5, did not receive credit. (d) This section does not apply to employees of the California State University, the judicial branch, or the Legislature. (Amended by Stats. 2005, Ch. 328, Sec. 33. Effective January 1, 2006.)
  22. 22874.1.

    ## 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Some first-time state employees in State Bargaining Unit 12 cannot receive any employer contribution for annuitants unless they have 15 years of state service when they retire.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22874.1. (a) Notwithstanding Sections 22870, 22871, 22873, and 22874, a state employee, defined by subdivision (c) of Section 3513, who is employed by the state for the first time, and who is represented by State Bargaining Unit 12, who becomes a state member of the system on or after January 1, 2011, may not receive any portion of the employer contribution payable for annuitants unless the person is credited with 15 years of state service at the time of retirement. (b) The percentage of the employer contribution payable for postretirement health benefits for an employee subject to this section shall be based on the completed years of credited state service at retirement as shown in the following table: Years of Service Contribution Credited Years Percentage of Employer Contribution 15 ........................ 50 16 ........................ 55 17 ........................ 60 18 ........................ 65 19 ........................ 70 20 ........................ 75 21 ........................ 80 22 ........................ 85 23 ........................ 90 24 ........................ 95 25 or more ........................ 100 (c) This section shall apply only to state employees who retire for service. For purposes of this section, “state service” means service rendered as an employee of the state or an appointed or elected officer of the state for compensation. Notwithstanding Section 22826, for purposes of this section, credited state service includes service to the state for which the employee, pursuant to Section 20281.5, did not receive credit. (d) This section does not apply to: (1) Former state employees previously employed before January 1, 2011, who return to state employment on or after January 1, 2011. (2) State employees hired prior to January 1, 2011, who were subject to Section 20281.5 during the first 24 months of state employment. (3) State employees hired prior to January 1, 2011, who become subject to representation by State Bargaining Unit 12 on or after January 1, 2011. (4) State employees on an approved leave of absence employed before January 1, 2011, who return to active employment on or after January 1, 2011. (5) State employees hired after January 1, 2011, who are first represented by a state bargaining unit other than State Bargaining Unit 12. (6) Employees of the California State University, the judicial branch, or the Legislature. (e) Notwithstanding Section 22875, this section shall also apply to a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service who met the requirements of this section when employed by the state for the first time. (Amended by Stats. 2011, Ch. 296, Sec. 130. (AB 1023) Effective January 1, 2012.)
  23. 22874.2.

    ## 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 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Certain California state employees in Bargaining Unit 9 or 10 who first joined on or after January 1, 2016, do not receive any employer contribution for annuitant health benefits unless they have 15 years of state service at retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22874.2. (a) Notwithstanding Sections 22870, 22871, 22873, and 22874, a state employee, as defined by subdivision (c) of Section 3513, who is first employed by the state and becomes a state member of the system on or after January 1, 2016, and is represented by State Bargaining Unit 9 or 10 shall not receive any portion of the employer contribution payable for annuitants unless the person is credited with 15 years of state service at the time of retirement. (b) The percentage of the employer contribution payable for postretirement health benefits for an employee subject to this section shall be based on the completed years of credited state service at retirement as shown in the following table: Years of Service Contribution Credited Years Percentage of Employer Contribution 15 ........................ 50 16 ........................ 55 17 ........................ 60 18 ........................ 65 19 ........................ 70 20 ........................ 75 21 ........................ 80 22 ........................ 85 23 ........................ 90 24 ........................ 95 25 or more ........................ 100 (c) This section shall apply only to state employees that retire for service. For purposes of this section, “state service” means service rendered as an employee of the state or an appointed or elected officer of the state for compensation. (d) This section does not apply to: (1) Former state employees previously employed before January 1, 2016, who return to state employment on or after January 1, 2016. (2) State employees hired prior to January 1, 2016, who become subject to representation by State Bargaining Unit 9 or 10 on or after January 1, 2016. (3) State employees on an approved leave of absence employed before January 1, 2016, who return to active employment on or after January 1, 2016. (4) State employees hired after January 1, 2016, who are first represented by a state bargaining unit other than Bargaining Unit 9 or 10, who later become represented by State Bargaining Unit 9 or 10. (e) Notwithstanding Section 22875, this section shall also apply to a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and is first employed by the state and becomes a state member of the system on or after January 1, 2016. (Added by Stats. 2015, Ch. 322, Sec. 22. (SB 99) Effective September 22, 2015.)
  24. 22874.3.

    ## 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Certain newer state employees in listed bargaining units cannot receive any employer contribution for annuitants unless they have 15 years of state service at retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22874.3. (a) Notwithstanding Sections 22870, 22871, 22873, and 22874, a state employee, defined by subdivision (c) of Section 3513, who is first employed by the state and becomes a state member of the system on or after January 1, 2017, and who is represented by State Bargaining Unit 1, 2, 3, 4, 6, 7, 8, 11, 13, 14, 15, 17, 18, 19, 20, or 21 shall not receive any portion of the employer contribution payable for annuitants unless the person is credited with 15 years of state service at the time of retirement. (b) The percentage of the employer contribution payable for postretirement health benefits for an employee subject to this section shall be based on the completed years of credited state service at retirement as shown in the following table: Credited Years of Service Percentage of Employer Contribution 15 ........................ 50 16 ........................ 55 17 ........................ 60 18 ........................ 65 19 ........................ 70 20 ........................ 75 21 ........................ 80 22 ........................ 85 23 ........................ 90 24 ........................ 95 25 or more ........................ 100 (c) This section applies only to state employees that retire for service. For purposes of this section, “state service” means service rendered as an employee of the state or an appointed or elected officer of the state for compensation. (d) This section does not apply to: (1) Former state employees previously employed before January 1, 2017, who return to state employment on or after January 1, 2017. (2) State employees hired before January 1, 2017, who become subject to representation by State Bargaining Unit 1, 2, 3, 4, 6, 7, 8, 11, 13, 14, 15, 17, 18, 19, 20, or 21 on or after January 1, 2017. (3) State employees on an approved leave of absence employed before January 1, 2017, who return to active employment on or after January 1, 2017. (4) State employees hired after January 1, 2017, who are first represented by a state bargaining unit other than Bargaining Unit 1, 2, 3, 4, 6, 7, 8, 11, 13, 14, 15, 17, 18, 19, 20, or 21, who later become represented by State Bargaining Unit 1, 2, 3, 4, 6, 7, 8, 11, 13, 14, 15, 17, 18, 19, 20, or 21. (e) Notwithstanding Section 22875, this section also applies to a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 and is first employed by the state and becomes a state member of the system on or after January 1, 2017. (Amended by Stats. 2018, Ch. 92, Sec. 110. (SB 1289) Effective January 1, 2019.)
  25. 22874.4.

    ## 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Some judicial branch employees lose eligibility for any employer contribution for annuitants unless they have 15 years of state service at retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22874.4. (a) Notwithstanding Sections 22870, 22871, and 22873, a judicial branch employee who is first employed by the state and becomes a state member of the system on or after January 1, 2017, shall not receive any portion of the employer contribution payable for annuitants unless the person is credited with 15 years of state service at the time of retirement. (b) The percentage of the employer contribution payable for postretirement health benefits for an employee subject to this section shall be based on the completed years of credited state service at retirement as shown in the following table: Credited Years of Service Percentage of Employer Contribution 15 ........................ 50 16 ........................ 55 17 ........................ 60 18 ........................ 65 19 ........................ 70 20 ........................ 75 21 ........................ 80 22 ........................ 85 23 ........................ 90 24 ........................ 95 25 or more ........................ 100 (c) This section shall apply only to judicial branch employees who retire for service. For purposes of this section, “state service” means service rendered as an employee of the state or an appointed or elected officer of the state for compensation. (d) This section does not apply to any of the following: (1) Former state employees previously employed prior to January 1, 2017, who return to state employment on or after January 1, 2017. (2) State employees on an approved leave of absence employed before January 1, 2017, who return to active employment on or after January 1, 2017. (3) A judge who retires pursuant to Chapter 11 (commencing with Section 75000) or Chapter 11.5 (commencing with Section 75500) of Title 8. (Added by Stats. 2016, Ch. 35, Sec. 17. (SB 848) Effective June 27, 2016.)
  26. 22874.5.

    ## 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Certain state employees in Bargaining Unit 16 who were first employed on or after April 1, 2017 cannot receive any annuitant employer contribution unless they have 15 years of state service at retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22874.5. (a) Notwithstanding Sections 22870, 22871, 22873, and 22874, a state employee, defined by subdivision (c) of Section 3513, who is first employed by the state and becomes a state member of the system on or after April 1, 2017, and who is represented by State Bargaining Unit 16 shall not receive any portion of the employer contribution payable for annuitants unless the person is credited with 15 years of state service at the time of retirement. (b) The percentage of the employer contribution payable for postretirement health benefits for an employee subject to this section shall be based on the completed years of credited state service at retirement as shown in the following table:Credited Years of ServicePercentage of Employer Contribution15 ........................ 5016. ........................ 5517 ........................ 6018 ........................ 6519 ........................ 7020 ........................ 7521 ........................ 8022 ........................ 8523 ........................ 9024 ........................ 9525 or more ........................ 100 (c) This section shall apply only to state employees who retire from service. For purposes of this section, “state service” means service rendered as an employee of the state or an appointed or elected officer of the state for compensation. (d) This section does not apply to: (1) Former state employees previously employed before April 1, 2017, who return to state employment on or after April 1, 2017. (2) State employees hired prior to April 1, 2017, who become subject to representation by State Bargaining Unit 16 on or after April 1, 2017. (3) State employees on an approved leave of absence employed before April 1, 2017, who return to active employment on or after April 1, 2017. (4) State employees hired after April 1, 2017, who are first represented by a state bargaining unit other than Bargaining Unit 16, who later become represented by State Bargaining Unit 16. (e) Notwithstanding Section 22875, this section shall also apply to a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 and is first employed by the state and becomes a state member of the system on or after April 1, 2017. (Added by Stats. 2017, Ch. 6, Sec. 11. (SB 131) Effective April 28, 2017. Became operative on June 27, 2017, pursuant to Stats. 2017, Ch. 19, Sec. 26, which repealed Stats. 2017, Ch. 6, Sec. 15.)
  27. 22874.6.

    ## 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Some California State University employees lose eligibility for any portion of the employer contribution for annuitants unless they have 10 years of credited state service at retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22874.6. (a) Notwithstanding Section 22870, the following employees of the California State University shall not receive any portion of the employer contribution payable for annuitants unless the person has 10 years of credited state service at the time of retirement: (1) An employee who is first employed by the California State University and becomes a member of the system on or after July 1, 2017, and is represented by California State University Bargaining Unit 3. (2) An employee in a nonrepresented employee group under Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 who is first employed by the California State University and becomes a member of the system on or after July 1, 2017. (b) This section shall apply only to employees of the California State University who retire for service. (c) This section shall become operative only if it is specifically adopted by action of the Trustees of the California State University or, if required, provided for in a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1. (Added by Stats. 2017, Ch. 23, Sec. 21. (SB 85) Effective June 27, 2017. Section conditionally operative as prescribed by its own provisions.)
  28. 22874.7.

    ## 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 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Some California State University employees covered by specified bargaining units may be barred from receiving any employer contribution payable for annuitants unless they have 10 years of credited state service at retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22874.7. (a) Notwithstanding Section 22870, an employee who is first employed by the California State University and becomes a member of the system on or after July 1, 2018, and is represented by California State University Bargaining Unit 1, 2, 4, 5, 6, 7, 9, or 10 shall not receive any portion of the employer contribution payable for annuitants unless the person has 10 years of credited state service at the time of retirement. (b) This section shall apply only to employees of the California State University who retire for service. (c) This section shall become operative only if it is specifically adopted by regulation of the Trustees of the California State University or, if required, provided for in a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1. (Added by Stats. 2018, Ch. 33, Sec. 58. (AB 1809) Effective June 27, 2018. Section conditionally operative as prescribed by its own provisions.)
  29. 22874.8.

    ## 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 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Some California State University employees in Bargaining Unit 11 cannot receive any portion of the employer contribution for annuitants unless they have 10 years of credited state service at retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22874.8. (a) Notwithstanding Section 22870, an employee who is first employed by the California State University and becomes a member of the system on or after July 1, 2019, and is represented by California State University Bargaining Unit 11, shall not receive any portion of the employer contribution payable for annuitants unless the person has 10 years of credited state service at the time of retirement. (b) This section shall apply only to employees of the California State University who retire for service. (c) This section shall become operative only if it is specifically adopted by regulation of the Trustees of the California State University or, if required, provided for in a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1. (Added by Stats. 2019, Ch. 53, Sec. 28. (SB 77) Effective July 1, 2019. Section conditionally operative as prescribed by its own provisions.)
  30. 22874.9.

    ## 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 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

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    Some state employees in State Bargaining Unit 5 get reduced employer-contribution percentages for postretirement health and dental benefits unless they have enough credited state 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22874.9. (a) Notwithstanding Sections 22870, 22871, 22873, and 22874, a state employee, defined by subdivision (c) of Section 3513, who is first employed by the state and becomes a state member of the system on or after January 1, 2020, and who is represented by State Bargaining Unit 5, shall not receive any portion of the employer contribution payable for annuitants unless the person is credited with 15 years of state service at the time of retirement. (b) The percentage of the employer contribution payable for postretirement health and dental benefits for an employee subject to this section shall be based on the completed years of credited state service at retirement as shown in the following table: Credited Years of ServicePercentage of Employer Contribution15 ........................ 5016. ........................ 5517 ........................ 6018 ........................ 6519 ........................ 7020 ........................ 7521 ........................ 8022 ........................ 8523 ........................ 9024 ........................ 9525 or more ........................ 100 (c) This section applies only to state employees who retire from service. For purposes of this section, “state service” means service rendered as an employee of the state or an appointed or elected officer of the state for compensation. (d) This section does not apply to: (1) Former state employees previously employed before January 1, 2020, who return to state employment on or after January 1, 2020. (2) State employees hired prior to January 1, 2020, who become subject to representation by State Bargaining Unit 5 on or after January 1, 2020. (3) State employees on an approved leave of absence employed before January 1, 2020, who return to active employment on or after January 1, 2020. (4) State employees hired after January 1, 2020, who are first represented by a state bargaining unit other than State Bargaining Unit 5, who later become represented by State Bargaining Unit 5. (e) Notwithstanding Section 22875, this section also applies to a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 and is first employed by the state and becomes a state member of the system on or after January 1, 2020. (Amended by Stats. 2020, Ch. 370, Sec. 153. (SB 1371) Effective January 1, 2021.)
  31. 22875.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

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    Some state employees lose employer annuitant contribution benefits unless they have 10 years of credited state service at retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22875. (a) Notwithstanding Sections 22870, 22871, 22873, and 22874, a state employee who becomes a state member of the system after January 1, 1990, and is either excluded from the definition of a state employee in subdivision (c) of Section 3513, or a nonelected officer or employee of the executive branch of government who is not a member of the civil service, may not receive any portion of the employer contribution payable for annuitants, unless the employee is credited with 10 years of state service, as defined by this section, at the time of retirement. (b) The percentage of the employer contribution payable for postretirement health benefits for an employee subject to this section shall be based on the completed years of credited state service at retirement as shown in the following table: Credited Years of Service Percentage of Employer Contribution 10 _____ 50 _____ 11 _____ 55 _____ 12 _____ 60 _____ 13 _____ 65 _____ 14 _____ 70 _____ 15 _____ 75 _____ 16 _____ 80 _____ 17 _____ 85 _____ 18 _____ 90 _____ 19 _____ 95 _____ 20 or more _____ 100 _____ (c) This section shall apply only to state employees who retire for service. (d) Benefits provided to an employee subject to this section shall be applicable to all future state service. (e) For the purposes of this section, “state service” means service rendered as an employee or an appointed or elected officer of the state for compensation. Notwithstanding Section 22826, for purposes of this section, credited state service includes service to the state for which the employee, pursuant to Section 20281.5, did not receive credit. (f) This section does not apply to employees of the California State University, the judicial branch, or the Legislature. (Amended by Stats. 2005, Ch. 328, Sec. 34. Effective January 1, 2006.)
  32. 22875.5.

    ## 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

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    When the state has taken over a public agency function, certain service by that agency’s personnel cannot be counted as state service unless two payment/reimbursement conditions are met. For noncontracting public agencies, the state agency that assumed the function must certify the employee’s completed years of public agency service for state service credit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22875.5. (a) If the state has assumed from a public agency a function and the related personnel, service rendered by that personnel for compensation as employees or appointed or elective officers of that public agency may not be credited as state service for the purposes of Section 22874, 22874.1, 22874.2, 22874.3, or 22875 unless both of the following apply: (1) The former employer has paid or agreed to pay the state the amount actuarially determined to equal the cost for any employee health benefits that were vested at the time that the function and the related personnel were assumed by the state. (2) The Department of Finance finds that the contract contains a benefit factor sufficient to reimburse the state for the amount necessary to fully compensate for the postretirement health benefit costs of those personnel. (b) For noncontracting public agencies, the state agency that has assumed the function shall certify the completed years of public agency service to be credited to the employee as state service credit under Section 22874, 22874.1, 22874.2, 22874.3, or 22875. (Amended by Stats. 2016, Ch. 12, Sec. 10. (SB 95) Effective May 10, 2016.)
  33. 22876.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

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    This section gives certain former county and city firefighting employees state service credit for vesting health benefits, and requires the city to provide service credit information to 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22876. (a) For the purpose of meeting the vesting requirements of Section 22873, employees of the County of Merced who became employees of the state as a result of the state’s assuming firefighting functions for that county shall be credited with state service for each completed year of service with the county that would have been credited by the county for the vesting of postretirement health benefits. The definition of “state service” does not apply to employees of the County of Merced who became employees of the state as a result of the state assuming firefighting functions for the county on or before August 1, 1988. (b) Notwithstanding Section 22875.5, for the purposes of meeting the vesting requirements of Section 22873, 22874, or 22875, employees of the Cities of Rubidoux and Coachella who become employees of the state, on or before December 31, 1990, as a result of the state’s assuming firefighting functions for the city, shall be credited with state service for each completed year of service with the city. The city shall identify those employees and provide the corresponding service credit information to the board. (c) No employee whose firefighting function was transferred to the state after December 31, 1990, shall receive credit toward postretirement health benefits vesting unless the former employer agrees to reimburse the state for the costs of that credit in accordance with Section 22875.5. (Amended by Stats. 2005, Ch. 328, Sec. 35. Effective January 1, 2006.)
  34. 22877.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

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    This section creates the Rural Health Care Equity Program, defines key terms, and sets rules for administering subsidies and reimbursements for eligible employees in rural areas.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22877. (a) As used in this section, the following definitions shall apply: (1) “Coinsurance” means the provision of a health benefit plan design that requires the health benefit plan and state employee to share the cost of hospital or medical expenses at a specified ratio. (2) “Deductible” means the annual amount of out-of-pocket medical expenses that a state employee must pay before the health benefit plan begins paying for expenses. (3) “Program” means the Rural Health Care Equity Program. (4) “Rural area” means an area in which there is no board-approved health maintenance organization plan available for enrollment by state employees residing in the area. (b) (1) The Rural Health Care Equity Program is hereby established for the purpose of funding the subsidization and reimbursement of premium costs, deductibles, coinsurance, and other out-of-pocket health care expenses paid by eligible employees living in rural areas that would otherwise be covered if the state employee was enrolled in a board-approved health maintenance organization plan. The program shall be administered by the Department of Human Resources or by a third-party administrator approved by the Department of Human Resources in a manner consistent with all applicable state and federal laws. The board shall determine the rural area for each subsequent fiscal year, at the same time that premiums for health maintenance organization plans are approved. (2) Separate accounts shall be maintained within the program for all of the following: (A) Employees, as defined in subdivision (c) of Section 3513. (B) Excluded employees, as defined in subdivision (b) of Section 3527. (c) Moneys in the program shall be allocated to the respective accounts as follows: (1) The contribution provided by the state with respect to each employee, as defined in subdivision (c) of Section 3513, who lives in a rural area and is otherwise eligible, shall be an amount determined through the collective bargaining process. (2) The contribution provided by the state with respect to each excluded employee, as defined in subdivision (b) of Section 3527, who lives in a rural area and is otherwise eligible, shall be an amount equal to, but not to exceed, the amount contributed pursuant to paragraph (1). (3) If an eligible employee enters or leaves service with the state during a fiscal year, contributions for the employee shall be made on a pro rata basis. A similar computation shall be used for anyone entering or leaving the bargaining unit, including a person who enters State Bargaining Unit 5 by promotion during a fiscal year. (d) Each fund of the State Treasury, other than the General Fund, shall reimburse the General Fund for any sums allocated pursuant to subdivision (c) for employees whose compensation is paid from that fund. That reimbursement shall be accomplished using the following methodology: (1) On or before December 1 of each year, the Department of Human Resources shall provide a list of active state employees who participated in the program during the previous fiscal year to each employing department. (2) On or before January 15 of each year, each department that employed an active state employee identified by the Department of Human Resources as a participant in the program shall provide the Department of Human Resources with a list of the funds used to pay each employee’s salary, along with the proportion of each employee’s salary attributable to each fund. (3) Using the information provided by the employing departments, the Department of Human Resources shall compile a list of program payments attributable to each fund. On or before February 15 of each year, the Department of Human Resources shall transmit this list to the Department of Finance. (4) The Department of Finance shall certify to the Controller the amount to be transferred from the unencumbered balance of each fund to the General Fund. (5) The Controller shall transfer to the General Fund from the unencumbered balance of each impacted fund the amount specified by the Department of Finance. (6) To ensure the equitable allocation of costs, the Director of the Department of Human Resources or the Director of Finance may require an audit of departmental reports. (e) Notwithstanding any other law and subject to the availability of funds, moneys within the program shall be disbursed for the benefit of eligible employees. The disbursements shall subsidize the preferred provider plan premiums for the employee by an amount equal to the difference between the weighted average of board-approved health maintenance organization premiums and the lowest board-approved preferred provider plan premium available under this part, and reimburse the employee for a portion or all of his or her incurred deductible, coinsurance, and other out-of-pocket health-related expenses that would otherwise be covered if the employee and his or her family members were enrolled in a board-approved health maintenance organization plan. These subsidies and reimbursements shall be provided as determined by the Department of Human Resources, which may include, but is not limited to, a supplemental insurance plan, a medical reimbursement account, or a medical spending account plan. (f) Subject to subdivision (h), moneys remaining in an account of the program at the end of any fiscal year shall remain in the account for use in subsequent fiscal years, until the account is terminated. Moneys remaining in a program account upon termination, after payment of all expenses and claims incurred prior to the date of termination, shall be deposited in the General Fund. (g) The Legislature finds and declares that the program shall be operated for the exclusive benefit of employees of State Bargaining Unit 5. (h) This section shall be operative only to the extent that funding is provided in the annual Budget Act or another statute and solely for the benefit of employees of State Bargaining Unit 5. (i) This section shall cease to be operative on July 3, 2010, or on an earlier date if the board makes a formal determination that health maintenance organization plans are no longer the most cost-effective health benefit plans offered by the board. (j) Notwithstanding any other law, on and after July 1, 2009, the benefits of the Rural Health Care Equity Program shall be available only to employees in State Bargaining Unit 5, and shall not be available to any other employees. Pursuant to subdivision (f), any moneys that remain in the accounts of the program on July 1, 2009, other than moneys attributable to employees in State Bargaining Unit 5 on that date, shall be deposited in the General Fund. Benefits of the Rural Health Care Equity Program shall cease to be available to employees in State Bargaining Unit 5, on and after July 3, 2010, and any moneys remaining in the accounts of the program shall be deposited in the General Fund. (Amended by Stats. 2018, Ch. 903, Sec. 17. (SB 1504) Effective January 1, 2019. Inoperative on July 3, 2010, or sooner, as provided in subd. (i). Note: See this section, as modified on July 1, 2012, in Governor's Reorganization Plan No. 1 of 2011.)
  35. 22878.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

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    A health benefit plan may rebate funds to participants, and the state’s implementation costs must be reimbursed from the same funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22878. A health benefit plan offered by the California Association of Highway Patrolmen may rebate funds to participants enrolled in the basic and Medicare health benefit plans sponsored by the association, in order to ensure that participant out-of-pocket costs remain at a reasonable and competitive level as determined by the Board of Trustees of the California Association of Highway Patrolmen Health Benefits Trust. The payments shall be made from the special reserves of the health benefits trust fund. The amount of funds shall be limited to the portion of special reserves for that health benefit plan that is in excess of the amount necessary to fund the risk up to the reinsurance attachment level. Administrative costs incurred by the state for the implementation of this section shall be reimbursed by the health benefits trust from the same funds. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  36. 22879.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

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    The board must pay monthly Medicare Part B premiums for covered employees and annuitants, subject to caps, a $1 minimum difference rule, and listed exclusions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22879. (a) The board shall pay monthly to an employee or annuitant who is enrolled in, or whose family member is enrolled in, a Medicare health benefit plan under this part the amount of the Medicare Part B premiums, exclusive of penalties, except as provided in Section 22831. This payment may not exceed the difference between the maximum employer contribution and the amount contributed by the employer toward the cost of premiums for the health benefit plan in which the employee or annuitant and the employee’s or annuitant’s family members are enrolled. No payment may be made in any month if the difference is less than one dollar ($1). (b) This section shall be applicable only to state employees, annuitants who retired while state employees, and the family members of those persons. (c) With respect to an annuitant, the board shall pay to the annuitant the amount required by this section from the same source from which the annuitant’s allowance is paid. Those amounts are hereby appropriated monthly from the General Fund to reimburse the board for those payments. (d) There is hereby appropriated from the appropriate funds the amounts required by this section to be paid to active state employees. (e) This section does not apply to: (1) A state employee who is first employed by the state and becomes a state member of the system on or after January 1, 2016, and who is represented by State Bargaining Unit 9 or 10. (2) A state employee related to State Bargaining Unit 9 or 10 who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 and is first employed by the state and becomes a state member of the system on or after January 1, 2016. (3) A state employee who is first employed by the state and becomes a state member of the system on or after January 1, 2017, and who is represented by State Bargaining Unit 1, 2, 3, 4, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, or 21. (4) A state employee related to State Bargaining Unit 1, 2, 3, 4, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, or 21 who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 and is first employed by the state and becomes a state member of the system on or after January 1, 2017. (5) A judicial branch employee who is first employed by the state and becomes a state member of the system on or after January 1, 2017. This paragraph does not apply to a judge who is subject to Chapter 11 (commencing with Section 75000) or Chapter 11.5 (commencing with Section 75500) of Title 8. (6) A state employee who is first employed by the state and becomes a state member of the system on or after April 1, 2017, and who is represented by State Bargaining Unit 16. (7) A state employee related to State Bargaining Unit 16 who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 and is first employed by the state and becomes a state member of the system on or after April 1, 2017. (8) A state employee who is first employed by the state and becomes a state member of the system on or after January 1, 2020, and who is represented by State Bargaining Unit 5. (9) A state employee related to State Bargaining Unit 5 who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 and is first employed by the state and becomes a state member of the system on or after January 1, 2020. (Amended by Stats. 2019, Ch. 859, Sec. 21. (AB 118) Effective October 13, 2019.)
  37. 22880.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

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    The state must fund and charge its employer contributions as specified, including monthly charges to the same salary-and-wages fund and payment from appropriated funds for annuitants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22880. The contributions of each employee and annuitant shall be withheld from the monthly salary or retirement allowance payable to him or her. The employer contribution required of the state, as provided by Sections 22881 and 22883, for any month shall be charged to the same fund used for payment of salaries and wages from which the employee contribution is deducted. The employer contribution required of the state on account of each annuitant shall be payable from the funds appropriated for that purpose. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  38. 22881.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Monthly, the General Fund pays the state’s required employer contribution for the covered employee groups and annuitants listed 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 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22881. From the General Fund in the State Treasury, there is hereby appropriated monthly the employer contribution required of the state under Sections 22820, 22834, 22870, 22871, and 22885 for: (a) All employees whose compensation is paid from the General Fund. (b) All employees whose compensation is paid from funds of, or funds appropriated to, the California State University. (c) All employees who are employed by the Department of Education or the Department of Rehabilitation and whose compensation is paid from the Vocational Education Federal Fund, the Vocational Rehabilitation Federal Fund, or any other fund received, in whole or in part, as a donation to the state under restrictions preventing its use for such contributions. (d) All employees whose compensation is paid from the Senate Contingent Fund, Assembly Contingent Fund, or the Contingent Fund of the Assembly and Senate. (e) All annuitants. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  39. 22883.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Most State Treasury funds must be charged a fair share of the employer contribution for annuitants, except the General Fund and the Central Service Cost Recovery Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22883. (a) Each fund in the State Treasury, other than the General Fund and the Central Service Cost Recovery Fund, shall be charged a fair share of the employer contribution for annuitants in accordance with Article 2 (commencing with Section 11270) of Chapter 3 of Part 1 of Division 3. (b) From each fund in the State Treasury, other than the General Fund and the Central Service Cost Recovery Fund, there is hereby appropriated monthly the employer contribution required under Sections 22870, 22871, and 22885 for all employees whose compensation is paid from that fund. (Amended by Stats. 2008, Ch. 751, Sec. 45. Effective September 30, 2008.)
  40. 22885.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The state must make additional contributions for administering this part and for the Public Employees’ Contingency Reserve Fund, subject to board determination, legislative adoption, and percentage caps.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22885. (a) The state shall, in addition to the contributions required by Section 22870, contribute additional amounts necessary to provide funds for the administration of this part and for the establishment and continuation of the Public Employees’ Contingency Reserve Fund. (b) The additional contributions shall be in amounts reasonably adequate to pay the administrative expenses and to establish and maintain the account within the Public Employees’ Contingency Reserve Fund provided by subdivision (b) of Section 22910, as determined by the board and as adopted by the Legislature in an appropriate control section of the annual Budget Act, but may not exceed, for each employee or annuitant, the following amounts: (1) For administrative expenses, 2 percent of the total of the contributions made by the employee or annuitant and by the state on behalf of the employee or annuitant for enrollment in a health benefit plan. (2) For the account within the Public Employees’ Contingency Reserve Fund provided by subdivision (b) of Section 22910, 4 percent of the total of the contributions made by the employee or annuitant and by the state on behalf of the employee or annuitant for enrollment in a health benefit plan. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  41. 22889.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Anyone subject to this chapter must comply with specified standards in the Family Code and Welfare and Institutions 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 7. State Contributions [22870 - 22889] ( Article 7 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22889. Any person or entity subject to the requirements of this chapter shall comply with the standards set forth in Chapter 7 (commencing with Section 3750) of Part 1 of Division 9 of the Family Code and Section 14124.94 of the Welfare and Institutions Code. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  42. 22890.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The contracting agency and each employee or annuitant must contribute part of the cost of health benefit coverage, and the employer contribution starts on the effective date of enrollment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22890. (a) The contracting agency and each employee or annuitant shall contribute a portion of the cost of providing the benefit coverage afforded under the health benefit plan approved or maintained by the board in which the employee or annuitant may be enrolled. (b) An annuitant is entitled to only one employer contribution. If more than one annuitant is receiving an allowance as the survivor of the same employee or annuitant, there shall be only one employer contribution with respect to all such annuitants. (c) The contribution of each employee and annuitant shall be the total cost per month of the benefit coverage afforded him or her under the health benefit plan or plans in which he or she is enrolled less the portion thereof to be contributed by the employer. The employer contribution for each employee and annuitant shall commence on the effective date of enrollment. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  43. 22892.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A contracting agency must start employer contributions when enrollment becomes effective, set the amount by governing-body resolution, file that resolution with the board, and follow the statute’s minimum monthly contribution 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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22892. (a) The employer contribution of a contracting agency shall begin on the effective date of enrollment and shall be the amount fixed from time to time by resolution of the governing body of the agency. The resolution shall be filed with the board and the contribution amount shall be effective on the first day of the second month following the month in which the resolution is received by the system. (b) (1) The employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the following: (A) Prior to January 1, 2004, sixteen dollars ($16) per month. (B) During calendar year 2004, thirty-two dollars and twenty cents ($32.20) per month. (C) During calendar year 2005, forty-eight dollars and forty cents ($48.40) per month. (D) During calendar year 2006, sixty-four dollars and sixty cents ($64.60) per month. (E) During calendar year 2007, eighty dollars and eighty cents ($80.80) per month. (F) During calendar year 2008, ninety-seven dollars ($97) per month. (2) Commencing January 1, 2009, the employer contribution shall be adjusted annually by the board to reflect any change in the medical care component of the Consumer Price Index and shall be rounded to the nearest dollar. (c) A contracting agency may, notwithstanding the equal contribution requirement of subdivision (b), establish a lesser monthly employer contribution for annuitants than for employees, provided that the monthly contribution for annuitants is annually increased to equal an amount not less than the number of years that the contracting agency has been subject to this subdivision multiplied by 5 percent of the current monthly employer contribution for employees, until the time that the employer contribution for annuitants equals the employer contribution paid for employees. This annual adjustment to the minimum monthly employer contribution for an annuitant as authorized by this subdivision shall not exceed one hundred dollars ($100). This subdivision shall only apply to agencies that first become subject to this part on or after January 1, 1986. (Amended by Stats. 2006, Ch. 862, Sec. 1. Effective January 1, 2007.)
  44. 22893.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section sets the employer contribution rate for postretirement health benefits, tied to credited service, and requires employers and the board to take specified implementation steps.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22893. (a) Notwithstanding Section 22892, the percentage of employer contribution payable for postretirement health benefits for an employee of a contracting agency subject to this section shall, except as provided in subdivision (b), be based on the member’s completed years of credited state service at retirement as shown in the following table: Credited Years of Service Percentage of Employer Contribution 10 _____ 50 _____ 11 _____ 55 _____ 12 _____ 60 _____ 13 _____ 65 _____ 14 _____ 70 _____ 15 _____ 75 _____ 16 _____ 80 _____ 17 _____ 85 _____ 18 _____ 90 _____ 19 _____ 95 _____ 20 or more _____ 100 _____ This subdivision shall apply only to employees who retire for service and are first employed after this section becomes applicable to their employer, except as otherwise provided in paragraph (6). The application of this subdivision shall be subject to the following provisions: (1) The employer contribution with respect to each annuitant shall be adjusted by the employer each year. Those adjustments shall be based upon the principle that the employer contribution for each annuitant may not be less than the amount equal to 100 percent of the weighted average of the health benefit plan premiums for an employee or annuitant enrolled for self-alone, during the benefit year to which the formula is applied, for the four health benefit plans that had the largest state enrollment, excluding family members, during the previous benefit year. For each annuitant with enrolled family members, the employer shall contribute an additional 90 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four health benefit plans that had the largest state enrollment, excluding family members, during the previous benefit year. Only the enrollment of, and premiums paid by, state employees and annuitants enrolled in basic health benefit plans shall be counted for purposes of calculating the employer contribution under this section. (2) The employer shall have, in the case of employees represented by a bargaining unit, reached an agreement with that bargaining unit to be subject to this section. (3) The employer shall certify to the board, in the case of employees not represented by a bargaining unit, that there is not an applicable memorandum of understanding. (4) The credited service of an employee for the purpose of determining the percentage of employer contributions applicable under this section shall mean state service as defined in Section 20069, except that at least five years of service shall have been performed entirely with that employer. (5) The employer shall provide the board any information requested that the board determines is necessary to implement this section. (6) The employer may, once each year without discrimination, allow all employees who were first employed before this section became applicable to the employer to individually elect to be subject to the provisions of this section, and the employer shall notify the board which employees have made that election. (b) Notwithstanding subdivision (a), the contribution payable by an employer subject to this section shall be equal to 100 percent of the amount established pursuant to paragraph (1) of subdivision (a) on behalf of any annuitant who either: (1) Retired for disability. (2) Retired for service with 20 or more years of service credit entirely with that employer, regardless of the number of days after separation from employment. The contribution payable by an employer under this paragraph shall be paid only if it is greater than, and made in lieu of, a contribution payable to the annuitant by another employer under this part. The board shall establish application procedures and eligibility criteria to implement this paragraph. (c) This section does not apply to any contracting agency, its employees, or annuitants unless and until the agency files with the board a resolution of its governing body electing to be so subject. The resolution shall be adopted by a majority vote of the governing body and shall be effective at the time provided in board regulations. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  45. 22893.1.

    ## 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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    City of Carson employer contributions for postretirement health benefits are tied to completed years of credited service, with no contribution for the first five years and increasing percentages after that.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22893.1. (a) Notwithstanding any other provision of this part, the percentage of employer contribution payable for postretirement health benefits for an employee of the City of Carson, California, shall be based on the employee’s completed years of credited service, provided that the City of Carson shall not pay an employer contribution for the first five years of that credited service, and shall pay thereafter as shown in the following table: Credited Years of Service _____ Percentage of Employer Contribution 5 ........................ 50 6 ........................ 60 7 ........................ 70 8 ........................ 80 9 ........................ 90 10 ........................ 100 The application of this subdivision shall be subject to the following: (1) (A) The employer contribution with respect to each annuitant shall be mutually agreed upon through collective bargaining by the City of Carson and the exclusive representatives of employees of the city. The employer may adjust the amount from time to time through a collectively bargained memorandum of understanding. Changes to the employer contribution shall be ratified by a resolution passed by the city council of the City of Carson and that resolution shall be filed with the board. The employer contribution established by this paragraph shall not be less than the adjusted employer contribution required by subdivision (b) of Section 22892. (B) In the case of employees not represented by a bargaining unit, the employer contribution with respect to each annuitant shall be determined pursuant to a resolution passed by a majority of the city council of the City of Carson and that resolution shall be filed with the board. (2) The employer shall certify to the board, in the case of employees not represented by a bargaining unit, that there is not an applicable memorandum of understanding. (3) The credited service of an annuitant for the purpose of determining the percentage of employer contributions applicable under this section shall mean credited service performed with the City of Carson. (4) The employer shall provide the board any information requested that the board determines is necessary to implement this section. (b) This section applies only to the City of Carson and only with regard to an employee of the city who is first hired on or after January 1, 2014. (Added by Stats. 2013, Ch. 244, Sec. 1. (AB 1144) Effective January 1, 2014.)
  46. 22894.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The City of San Diego, its employees’ exclusive representative, and unrepresented employees may agree on postretirement health coverage contribution terms, but the agreement cannot cover employees with less than 10 years of credited service and the City must notify 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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22894. (a) Notwithstanding any other provision of this part, the City of San Diego, the employees’ exclusive representative, and unrepresented employees may agree that the employer contribution for postretirement health coverage shall be subject to the following: (1) Credited years of service that the employee worked with the City of San Diego. (2) A memorandum of understanding regarding postretirement health coverage mutually agreed upon through collective bargaining. This issue may not be subject to the impasse procedures set forth in Article 9 (commencing with Section 3548) of Chapter 10.7 of Division 4 of Title 1. (b) This section is not applicable to any employee who retired before the effective date of the memorandum of understanding. In the event that the memorandum of understanding establishes a retroactive effective date, this section applies only prospectively and any employee who retires before the memorandum of understanding is signed may not be affected by it. (c) No agreement reached pursuant to subdivision (a) shall be valid if it provides an employer contribution for employees with less than 10 years of credited service with the City of San Diego. (d) The City of San Diego shall provide, in the manner prescribed by the board, a notification of the agreement established pursuant to this section and any additional information necessary to implement this section. (e) This section shall only apply to employees who are either of the following: (1) Members of the San Diego Police Officers Association. (2) Unclassified or unrepresented employees of the City of San Diego. (Added by Stats. 2010, Ch. 600, Sec. 1. (AB 2510) Effective January 1, 2011.)
  47. 22895.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    School employers, employee representatives, and unrepresented employees may agree on how employer contributions for postretirement health coverage are handled, but certain vesting terms and contributions for employees with under five years of credited service are not valid, and the contracting agency must notify 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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22895. (a) Notwithstanding any other provision of this part, a school employer, the employees’ exclusive representative, and unrepresented employees may agree that the employer contribution for postretirement health coverage shall be subject to the following: (1) Credited years of service that the employee worked with the contracting agency. (2) A memorandum of understanding regarding postretirement health coverage mutually agreed upon through collective bargaining. This issue may not be subject to the impasse procedures set forth in Article 9 (commencing with Section 3548) of Chapter 10.7 of Division 4 of Title 1. (b) No agreement reached pursuant to subdivision (a) shall be valid if it imposes separate postretirement health coverage vesting requirements on employees in the same category and doing similar job duties. (c) This section is not applicable to any employee who retired before the effective date of the memorandum of understanding. In the event that the memorandum of understanding establishes a retroactive effective date, this section applies only prospectively and any employee who retires before the memorandum of understanding is signed may not be affected by it. (d) No agreement reached pursuant to subdivision (a) shall be valid if it provides an employer contribution for employees with less than five years of credited service with the school employer. (e) The contracting agency shall provide, in the manner prescribed by the board, a notification of the agreement established pursuant to this section and any additional information necessary to implement this section. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  48. 22896.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section sets how the Sacramento Metropolitan Fire District must calculate employer contributions for certain retirees’ postretirement health benefits, with different percentages based on years of credited service and special rules for disability and 20-year service retirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22896. (a) Notwithstanding Section 22892, the percentage of employer contribution payable for postretirement health benefits for an employee of the Sacramento Metropolitan Fire District subject to this section shall, except as provided in subdivision (b), be based on the member’s completed years of credited state service at retirement as shown in the following table: Credited Years of Service Percentage of Employer Contribution 5 _____ 25 _____ 6 _____ 30 _____ 7 _____ 35 _____ 8 _____ 40 _____ 9 _____ 45 _____ 10 _____ 50 _____ 11 _____ 55 _____ 12 _____ 60 _____ 13 _____ 65 _____ 14 _____ 70 _____ 15 _____ 75 _____ 16 _____ 80 _____ 17 _____ 85 _____ 18 _____ 90 _____ 19 _____ 95 _____ 20 or more _____ 100 _____ The application of this subdivision shall be subject to the following: (1) (A) In the case of the employees represented by a bargaining unit, the employer contribution with respect to each annuitant shall be determined pursuant to a memorandum of understanding approved through a meet and confer process pursuant to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1) with any recognized employee organization. The issue shall not be subject to the impasse procedures set forth in Article 9 (commencing with Section 3548) of Chapter 10.7 of Division 4 of Title 1. (B) In the case of employees not represented by a bargaining unit, the employer contribution with respect to each annuitant shall be determined pursuant to a resolution adopted by a majority of the Sacramento Metropolitan Fire District Board of Directors and shall be in accordance with Section 7522.40. (C) The employer contribution established by this paragraph shall not be less than the adjusted employer contribution required by subdivision (b) of Section 22892. (2) The credited service of an employee for the purpose of determining the percentage of employer contributions applicable under this section shall mean state service as defined in Section 20069, except that at least five years of service shall have been performed entirely with the Sacramento Metropolitan Fire District. (3) The Sacramento Metropolitan Fire District shall provide, in the manner prescribed by the board, a notification of the agreement and resolution adopted pursuant to paragraph (1) and any additional information necessary to implement this section. (4) The Sacramento Metropolitan Fire District shall certify to the board, in the case of employees not represented by a bargaining unit, that there is not an applicable memorandum of understanding. (b) Notwithstanding subdivision (a), the contribution payable by the Sacramento Metropolitan Fire District shall be equal to 100 percent of the amount established pursuant to paragraph (1) of subdivision (a) on behalf of any annuitant who either: (1) Retired for disability. (2) Retired for service with 20 or more years of service credit entirely with the Sacramento Metropolitan Fire District, regardless of the number of days after separation from employment. The contribution payable by the Sacramento Metropolitan Fire District under this paragraph shall be paid only if it is greater than, and made in lieu of, a contribution payable to the annuitant by another employer under this part. The board shall establish application procedures and eligibility criteria to implement this paragraph. (c) This section applies only to the Sacramento Metropolitan Fire District, or its successor. This section applies only with regard to the employees of the district hired on or after December 1, 2011. (Added by Stats. 2013, Ch. 774, Sec. 1. (AB 1346) Effective January 1, 2014.)
  49. 22897.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A contracting agency and the employees’ exclusive representative may agree to base postretirement health benefit contributions on years of credited service, with no employer contribution for the first 15 years and full contribution at 15 years or more; for part-time employees, an agreement must provide full contribution at 20 years or more.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22897. (a) Notwithstanding any other provision of this part, a contracting agency and the employees’ exclusive representative may agree that the employer contribution for postretirement health benefit coverage for an employee subject to this section shall be based on the employee’s completed years of service credited with the contracting agency at retirement, with the contracting agency paying no employer contribution for the first 15 years of that credited service and paying 100 percent of the employer contribution for employees with credited service of 15 years or more. This section applies only to the North Orange County Community College District and the Riverside County Superintendent of Schools, only with regard to the employees of those agencies who are first hired on or after July 1, 1993. (b) An agreement entered into pursuant to subdivision (a) shall provide that the employer contribution for a part-time employee, with 20 years or more of credited service with the contracting agency, shall be 100 percent of the employer contribution. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  50. 22898.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The Alameda County Transportation Improvement Authority must pay retiree health-benefit contributions based on credited service, with no contribution for the first five years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22898. (a) Notwithstanding any other provision of this part, the percentage of employer contribution payable for postretirement health benefits for an employee of the Alameda County Transportation Improvement Authority shall, except as provided in subdivision (b), be based on the employee’s completed years of credited service, provided that the Alameda County Transportation Improvement Authority shall not pay an employer contribution for the first five years of that credited service, and shall pay thereafter as shown in the following table: Credited Years of Service _____ Percentage of Employer Contribution 5 ........................ 50 6 ........................ 55 7 ........................ 60 8 ........................ 65 9 ........................ 70 10 ........................ 75 11 ........................ 80 12 ........................ 85 13 ........................ 90 14 ........................ 95 15 ........................ 100 The application of this subdivision shall be subject to the following: (1) The employer contribution with respect to each annuitant shall be adjusted by the employer each year. Those adjustments shall be based upon the principle that the employer contribution for each annuitant may not be less than the amount equal to 100 percent of the weighted average of the health benefits plan premiums for an employee or annuitant enrolled for self-alone, during the benefit year to which the formula is applied, for the four health benefit plans that had the largest agency enrollment, excluding family members, during the previous benefit year. For each annuitant with enrolled family members, the employer shall not pay an additional contribution. (2) The employer shall certify to the board, in the case of employees not represented by a bargaining unit, that there is not an applicable memorandum of understanding. (3) The credited service of an annuitant for the purpose of determining the percentage of employer contributions applicable under this section shall mean state service as defined in Section 20069, except that at least five years of credited service shall have been performed with the Alameda County Transportation Improvement Authority. (4) The employer shall provide the board any information requested that the board determines is necessary to implement this section. (b) Notwithstanding subdivision (a), the contribution payable by the employer subject to this section shall be equal to 100 percent of the amount established pursuant to paragraph (1) of subdivision (a) on behalf of any annuitant who either: (1) Retired for disability. (2) Retired for service with 15 or more years of service credit entirely with that employer, regardless of the number of days after separation from employment. The contribution payable by the employer under this paragraph shall be paid only if it is greater than, and made in lieu of, a contribution payable to the annuitant by another employer under this part. The board shall establish application procedures and eligibility criteria to implement this paragraph. (c) This section applies only to the Alameda County Transportation Improvement Authority, or its successor, and only with regard to the employees of the agency who are first hired on or after October 1, 2004. (Amended by Stats. 2010, Ch. 328, Sec. 88. (SB 1330) Effective January 1, 2011.)
  51. 22899.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Contracting agencies must send required contributions monthly by the 10th day, generally by board-prescribed electronic funds transfer, and may seek a waiver for alternate payment if they have good cause.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22899. (a) The contributions required of a contracting agency, along with contributions withheld from salaries of its employees, shall be forwarded monthly, no later than the 10th day of the month for which the contribution is due. The contributions shall be credited to the Public Employees’ Contingency Reserve Fund as specified by Section 22910. (1) Deferrals or contributions paid by a contracting agency shall be paid through an electronic funds transfer method prescribed by the board. This payment requirement is effective upon declaration by the board. (2) A contracting agency that is unable, for good cause, to comply with paragraph (1), may apply to the board for a waiver that allows the agency to pay in an alternate manner as prescribed by the board, but not by credit card payment. (3) For the purpose of this subdivision, “electronic funds transfer” has the same meaning as that set forth in Section 20027.5. (b) A county superintendent of schools shall draw requisitions against the county school service fund and the funds of the respective school districts for the amount equal to the total of the employer contributions and the employee contributions deducted from compensation paid from those funds. The amounts shall be deposited in the county treasury to the credit of the contract retirement fund established pursuant to Section 20617. The county superintendent thereafter shall draw his or her requisitions against the fund in favor of the board which, when allowed by the county auditor, shall constitute warrants against the fund and shall forward the warrants to the board in accordance with this section. (c) If a contracting agency fails to remit the contributions when due, the agency may be assessed interest at an annual rate of 10 percent and the costs of collection, including reasonable legal fees, when necessary to collect the amounts due. In the case of repeated delinquencies, the contracting agency may be assessed a penalty of 10 percent of the delinquent amount. That penalty may be assessed once during each 30-day period that the amount remains unpaid. Additionally, the contracting agency may be required to deposit one-month’s premium as a condition of continued participation in the program. (Amended by Stats. 2009, Ch. 118, Sec. 5. (AB 637) Effective January 1, 2010.)
  52. 22900.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Mariposa County and the employees’ exclusive representative may agree on health coverage contribution rules, and the county must notify others and provide implementation 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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22900. (a) Notwithstanding any other provision of this part, the County of Mariposa and the employees’ exclusive representative may agree that the employer contribution for health coverage shall be subject to the following: (1) In the case of employees represented by a bargaining unit, a memorandum of understanding regarding health coverage, mutually agreed upon through collective bargaining, or, in the case of employees not represented by a bargaining unit, a resolution adopted by a majority of the county board of supervisors, providing as follows: (A) Establishing the amount of its employer contribution for its annuitants or employees at any amount equal to or above that of the adjusted employer contribution required by subdivision (b) of Section 22892. (B) Providing an employer contribution amount for annuitants that is higher than the employer contribution provided for employees, except that any employer contribution may not be less than the adjusted employer contribution required by subdivision (b) of Section 22892. This subparagraph shall only apply to an employee who retired before the effective date of the memorandum of understanding or resolution adopted pursuant to subdivision (a). If the memorandum of understanding or resolution establishes a retroactive effective date, this subparagraph shall apply only prospectively, and any employee who retires before the memorandum of understanding is signed or the resolution is adopted shall be subject to this subparagraph. (2) This subdivision shall not affect the obligations or benefits of either the annuitants or the county that exist at the time of the enactment of this section. (b) The County of Mariposa shall provide, in the manner prescribed by the board, a notification of the agreement established pursuant to this section and any additional information necessary to implement this section. (Added by Stats. 2012, Ch. 836, Sec. 1. (SB 1294) Effective January 1, 2013.)
  53. 22901.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Each contracting agency must contribute to the Public Employees’ Contingency Reserve Fund, including a share for its employees and annuitants, and the board sets the contribution amount.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22901. Each contracting agency shall contribute to the Public Employees’ Contingency Reserve Fund, an amount sufficient to bear all of the administrative costs incurred by the board in providing to the employees and annuitants of that agency the health benefits provided by this part. The amount of the contributions required by this section shall be determined by the board and may include an appropriate share of overhead costs of the program. A contracting agency shall, in addition, contribute to the fund for each of its employees and annuitants the same amount as is required of the state under paragraph (2) of subdivision (b) of Section 22885. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  54. 22902.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The district may make postretirement health benefit contributions for certain employees and must notify the board-prescribed way of agreements or personnel actions under this section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22902. (a) For the purposes of this section, the term “district” shall mean the San Francisco Bay Area Rapid Transit District. (b) Notwithstanding any other provision of this part, the district may make contributions for postretirement health benefits for its unrepresented employees, including members of the district board of directors to the extent that they are eligible for contributions under existing law, and members of any unit of employees whose terms and conditions of employment are determined through collective bargaining. Those contributions shall be subject to the following: (1) Credited years of service that the employee worked with the district. (2) An agreement with all represented employees regarding postretirement health coverage mutually agreed upon through collective bargaining. (3) Contributions for postretirement health benefits for the district’s unrepresented employees, including members of the district board of directors to the extent that they are eligible for contributions under existing law, may only be made in accordance with the eligibility criteria and schedule below. (c) An agreement reached pursuant to subdivision (b) shall provide that employer contributions for postretirement health benefits for employees shall be made in the following percentages for the applicable credited years of service: Credited Years of Service Percentage of Employer Contribution 10 50 11 60 12 70 13 80 14 90 15 100 (d) An agreement reached pursuant to subdivision (b) shall authorize full employer contributions for postretirement health benefits for those employees who retire for disability with five years of credited service with the district. (e) (1) This section shall only apply to district employees first hired on or after January 1, 2014, and to directors who first serve as a director on or after January 1, 2014. (2) This section shall apply to employees whose terms and conditions of employment are determined through collective bargaining only if the agreement is expressly incorporated by reference into, or made a part of, a memorandum of understanding. (f) This section is not applicable to any employee who retires before the effective date of the memorandum of understanding referenced in paragraph (2) of subdivision (e). In the event that the memorandum of understanding establishes a retroactive effective date, this section shall apply only to retirements occurring on or after the effective date of this section. (g) The district shall provide, in the manner prescribed by the board, a notification of each agreement established pursuant to this section or personnel action incorporating or applying this section, and any additional information necessary to implement this section. (Added by Stats. 2014, Ch. 216, Sec. 1. (AB 2582) Effective January 1, 2015.)
  55. 22904.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The City of San Gabriel may agree on how postretirement health coverage contributions are calculated, but the agreement must meet specified conditions and the city must give notice of 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 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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22904. (a) Notwithstanding any other provision of this part, the City of San Gabriel, the employees’ exclusive representative, and unrepresented employees may agree that the employer contribution for postretirement health coverage shall be subject to all of the following: (1) Credited years of service that the employee worked with the City of San Gabriel. (2) A memorandum of understanding regarding postretirement health coverage mutually agreed upon through collective bargaining. This issue shall not be subject to the impasse procedures set forth in Chapter 10 (commencing with Section 3500) of Division 4 of Title 1. (3) The employer contribution established by this section shall not be less than the adjusted employer contribution required by subdivision (b) of Section 22892. (b) This section does not apply to any employee who retired before the effective date of the memorandum of understanding. In the event that the memorandum of understanding establishes a retroactive effective date, this section applies only prospectively and any employee who retires before the memorandum of understanding is signed shall not be affected by it. (c) An agreement reached pursuant to subdivision (a) is not valid if it provides an employer contribution for employees with less than five years of credited service with the City of San Gabriel. (d) The City of San Gabriel shall provide, in the manner prescribed by the board, notice of the agreement established pursuant to this section and any additional information necessary to implement this section. (e) This section applies only to the City of San Gabriel and only with regard to employees who are first hired on or after January 1, 2023, and elected officials who first served as elected officials on or after January 1, 2023. (Added by Stats. 2023, Ch. 538, Sec. 1. (AB 658) Effective January 1, 2024.)
  56. 22905.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    People or entities covered by this chapter must follow the standards in the referenced Family Code and Welfare and Institutions Code provisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 8. Contracting Agency Contributions [22890 - 22905] ( Article 8 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22905. Any person or entity subject to the requirements of this chapter shall comply with the standards set forth in Chapter 7 (commencing with Section 3750) of Part 1 of Division 9 of the Family Code and Section 14124.94 of the Welfare and Institutions Code. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  57. 22910.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 9. Maintenance of Funds [22910 - 22915] ( Article 9 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The board may invest and use money in the Public Employees’ Contingency Reserve Fund for specified health-benefit and reserve purposes, and the Controller may use fund money for loans to the General Fund, subject to stated limits and 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 9. Maintenance of Funds [22910 - 22915] ( Article 9 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22910. (a) There shall be maintained in the State Treasury the Public Employees’ Contingency Reserve Fund. The board may invest funds in the Public Employees’ Contingency Reserve Fund in accordance with the law governing its investment of the retirement fund. (b) (1) An account shall be maintained within the Public Employees’ Contingency Reserve Fund with respect to the health benefit plans the board has approved or that have entered into a contract with the board. The account shall be credited, from time to time and in amounts as determined by the board, with moneys contributed under Section 22885 or 22901 to provide an adequate contingency reserve. The income derived from any dividends, premium adjustments, or other funds received from a health benefit plan shall be credited to the account. The board may deposit, in the same manner as provided in paragraph (4), up to one-half of 1 percent of premiums in the account for purposes of cost containment programs, subject to approval as provided in paragraph (2) of subdivision (c). (2) The account for health benefit plans may be utilized to defray increases in future premiums, to reduce the contributions of employees and annuitants and employers, to implement cost containment programs, or to increase the benefits provided by a health benefit plan, as determined by the board. The board may use penalties and interest deposited pursuant to subdivision (c) of Section 22899 to pay any difference between the adjusted premium set by the board pursuant to Section 22864 and the applicable health benefit plan contract premiums. (3) The total credited to the account for health benefit plans at any time shall be limited, in the manner and to the extent the board may find to be most practical, to a maximum of 10 percent of the total of the contributions of the employers and employees and annuitants in any fiscal year. The board may undertake any action to ensure that the maximum amount prescribed for the fund is approximately maintained. (4) Board rules and regulations adopted pursuant to Section 22831 to minimize the impact of adverse selection or contracts entered into pursuant to Section 22864 to implement health benefit plan performance incentives may provide for deposit in and disbursement to carriers or to Medicare from the account the portion of the contributions otherwise payable directly to the carriers by the Controller under Section 22913 as may be required for that purpose. The deposits shall not be included in applying the limitations, prescribed in paragraph (3), on total amounts that may be deposited in or credited to the fund. (5) Notwithstanding Section 13340, all moneys in the account for health benefit plans are continuously appropriated without regard to fiscal year for the purposes provided in this subdivision. (c) (1) An account shall also be maintained in the Public Employees’ Contingency Reserve Fund for administrative expenses consisting of funds deposited for this purpose pursuant to Sections 22885 and 22901. (2) The moneys deposited pursuant to Sections 22885 and 22901 in the Public Employees’ Contingency Reserve Fund may be expended by the board for administrative purposes, provided that the expenditure is approved in the annual Budget Act. (d) An account shall be maintained in the Public Employees’ Contingency Reserve Fund for the contributions required pursuant to Section 22870. Notwithstanding Section 13340, the funds are continuously appropriated, without regard to fiscal year, for the payment of premiums or other charges to carriers or the Public Employees’ Health Care Fund. This subdivision shall not apply to state administrative costs, which shall continue to be subject to Section 13340. (e) An account shall be maintained in the Public Employees’ Contingency Reserve Fund for the contributions required pursuant to Section 22890 and for payments made pursuant to subdivision (f) of Section 22850. Notwithstanding Section 13340, the funds are continuously appropriated, without regard to fiscal year, for the payment of premiums or other charges to carriers or the Public Employees’ Health Care Fund. Penalties and interest paid pursuant to subdivision (c) of Section 22899 shall be deposited in the account pursuant to paragraphs (1) and (2) of subdivision (b). (f) Accounts shall be maintained in the Public Employees’ Contingency Reserve Fund for complementary annuitant premiums and related administrative expenses paid by annuitants pursuant to Section 22802. Notwithstanding Section 13340, the funds are continuously appropriated, without regard to fiscal year, to reimburse the Public Employees’ Retirement Fund, the Judges’ Retirement Fund, the Judges’ Retirement Fund II, and the Legislators’ Retirement Fund, as applicable, for payment of annuitant health premiums, and for the payment of premiums and other charges to carriers or to the Public Employees’ Health Care Fund. Administrative expenses deposited in this account shall be credited to the account provided by subdivision (c). (g) Amounts received by the board for retiree drug subsidy payments that are attributed to contracting agencies and their annuitants and employees pursuant to subdivision (c) of Section 22910.5 shall be deposited in the Public Employees’ Contingency Reserve Fund. Notwithstanding Section 13340, these amounts are continuously appropriated, without regard to fiscal year, for the payment of premiums, costs, contributions, or other benefits related to contracting agencies and their employees and annuitants, and as consistent with the Medicare Prescription Drug Improvement and Modernization Act of 2003, as amended. (h) The Account for Retiree Drug Subsidy Payments is hereby established in the Public Employees’ Contingency Reserve Fund and funds in that account shall, upon appropriation by the Legislature, be used for the purposes described in Section 22910.5. (i) Notwithstanding any other law, the Controller may use the moneys in the Public Employees’ Contingency Reserve Fund for loans to the General Fund as provided in Sections 16310 and 16381. However, interest shall be paid on all moneys loaned to the General Fund from the Public Employees’ Contingency Reserve Fund. Interest payable shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which loaned. This subdivision does not authorize any transfer that will interfere with the carrying out of the object for which the Public Employees’ Contingency Reserve Fund was created. (Amended by Stats. 2019, Ch. 330, Sec. 21. (SB 782) Effective January 1, 2020.)
  58. 22910.5.

    ## 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 9. Maintenance of Funds [22910 - 22915] ( Article 9 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section defines several retiree and employee terms, designates the board as sponsor for certain retiree drug subsidy applications, and directs where subsidy funds must be deposited and how some of those funds must be appropriated and used.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 9. Maintenance of Funds [22910 - 22915] ( Article 9 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22910.5. (a) For purposes of this section, the following definitions shall apply: (1) “Local annuitant” means an annuitant other than a state annuitant. (2) “Local employee” means an employee other than a state employee. (3) “Retiree drug subsidy” means those amounts described in Section 423.886 of Title 42 of the Code of Federal Regulations. (4) “State annuitant” means an annuitant who is retired from service with the state, including the California State University. (5) “State employee” means an employee who is in the employment of the state, including the California State University. (b) For purposes of applying for and receiving funds as part of a retiree drug subsidy, the board is designated as the sponsor of a qualified retiree prescription drug plan for a state or contracting agency plan, or a related plan, or an individual if both of the following apply: (1) The system applies for a retiree drug subsidy related to the plan or individual. (2) The system meets the definition of a plan sponsor as described in Section 1395w-132(c) of Title 42 of the United States Code. (c) When the board performs the duties described in subdivision (b) related to, or applies for funds attributable to, a retiree drug subsidy for a contracting agency plan, local annuitant, or local employee, the board shall take all necessary steps to ensure that any funds received by the board shall be deposited in the Public Employees’ Contingency Reserve Fund as described in subdivision (g) of Section 22910. (d) When the board performs the duties described in subdivision (b) related to, or applies for funds attributable to, a retiree drug subsidy for a state plan, state annuitant, state employee, or state employee association health benefit plan, the board shall take all necessary steps to deposit these funds in the Account for Retiree Drug Subsidy Payments as described in subdivision (h) of Section 22910. (e) Notwithstanding any other law, all funds received by the board as a result of a retiree drug subsidy application attributable to a state employee or state annuitant, or the eligible dependent, beneficiary, or similarly situated person of that state employee or state annuitant, shall be deposited in the Account for Retiree Drug Subsidy Payments, as described in subdivision (h) of Section 22910. (f) Notwithstanding any other law, funds from the Account for Retiree Drug Subsidy Payments that is maintained in the Public Employees’ Contingency Reserve Fund shall be appropriated by the Legislature in the annual Budget Act for the purposes described in this section. The Legislature shall, in the annual Budget Act, specify how these funds are to be used, consistent with the federal Medicare Prescription Drug Improvement and Modernization Act, as amended, including the following purposes: (1) Reducing the contributions by the state from the General Fund or other funds in the State Treasury for health benefits that include prescription drug benefits for state annuitants. (2) Reducing contributions by state annuitants for their health benefits that include prescription drug benefits. (3) Defraying increases in future employer or state annuitant health benefit or prescription drug rates. (4) Implementing cost containment programs related to state annuitant health benefits that include prescription drug benefits. (5) Increasing state annuitant health benefits or prescription drug benefits. (Amended by Stats. 2014, Ch. 28, Sec. 52. (SB 854) Effective June 20, 2014.)
  59. 22911.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 9. Maintenance of Funds [22910 - 22915] ( Article 9 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section creates the Public Employees’ Health Care Fund, says what money goes into it, and gives the board powers to invest and spend certain funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 9. Maintenance of Funds [22910 - 22915] ( Article 9 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22911. (a) There shall be maintained in the State Treasury the Public Employees’ Health Care Fund to fund the health benefit plans administered or approved by the board. The board may invest funds in the Public Employees’ Health Care Fund in accordance with the provisions of law governing its investment of the retirement fund. (b) The Public Employees’ Health Care Fund shall consist of the following: (1) Any self-funded, partially self-funded, or minimum premium plan premiums paid by contracting agencies, the state and enrolled employees, annuitants, and family members, including premiums paid directly for continuation coverage authorized under the Consolidated Omnibus Budget Reconciliation Act, and as authorized by this part. (2) Any reserve moneys from terminated health benefit plans designated by the board. (3) Any moneys from a health benefit plan for risk adjustment pursuant to Section 22864. (c) Income earned on the Public Employees’ Health Care Fund shall be credited to the fund. (d) Notwithstanding Section 13340, the Public Employees’ Health Care Fund is continuously appropriated, without regard to fiscal years, to pay benefits and claims costs for self-funded, partially self-funded, or minimum premium health benefit plans, and refunds to those who made direct premium payments. (e) The moneys deposited in the Public Employees’ Health Care Fund may be expended by the board for administrative purposes provided that the expenditure is approved in the annual Budget Act. (f) The Legislature finds and declares that the Public Employees’ Health Care Fund is a trust fund held for the exclusive benefit of enrolled employees, annuitants, and family members. (g) Notwithstanding subdivisions (d) and (f), the board may use reserves generated by one or more self-funded health benefit plans for risk adjustment programs and procedures pursuant to paragraph (3) of subdivision (f) of Section 22850 and paragraph (5) of subdivision (b) of Section 22864. (Amended by Stats. 2019, Ch. 330, Sec. 22. (SB 782) Effective January 1, 2020.)
  60. 22913.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 9. Maintenance of Funds [22910 - 22915] ( Article 9 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The Controller must identify and remit specified monthly contributions to the Public Employees’ Contingency Reserve Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 9. Maintenance of Funds [22910 - 22915] ( Article 9 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22913. (a) The Controller shall suitably identify and remit the state’s monthly contribution, as required by Section 22870, and the monthly amounts authorized to be deducted from the salaries or retirement allowances of state employees and annuitants for payment of their contributions, as required by Section 22870, to the Public Employees’ Contingency Reserve Fund. (b) The Controller shall suitably identify and remit the monthly contracting agency employer, employee, and annuitant contributions, as required by Section 22890, to the Public Employees’ Contingency Reserve Fund by warrant of the Controller upon claims filed by the board. (Amended by Stats. 2019, Ch. 330, Sec. 23. (SB 782) Effective January 1, 2020.)
  61. 22915.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 9. Maintenance of Funds [22910 - 22915] ( Article 9 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The State Annuitants’ Vision Care Benefits Fund is in the State Treasury and may be spent by the board, but only after legislative appropriation and only for vision care benefits for state annuitants 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 9. Maintenance of Funds [22910 - 22915] ( Article 9 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22915. There is in the State Treasury the State Annuitants’ Vision Care Benefits Fund that is, upon appropriation by the Legislature, available to the board for expenditure solely for the provision of vision care benefits to state annuitants pursuant to this part. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  62. 22920.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Several listed entities may obtain a health benefit plan, but only with board 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 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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22920. The following entities are eligible to obtain a health benefit plan, as defined in Section 22777, subject to board approval: (a) A contracting agency, as defined in Section 20022, a county or special district subject to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3), and a school employer. (b) A public body or agency of or within the state that is not subject to Part 3 (commencing with Section 20000) of the Government Code or the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3), and that provides a retirement system for its employees funded wholly or in part by public funds. (c) The protection and advocacy agency described in subdivision (h) of Section 4900 of the Welfare and Institutions Code, if the agency obtains a written advisory opinion from the United States Department of Labor stating that the organization is an agency or instrumentality of the state or a political subdivision thereof within the meaning of Chapter 18 (commencing with Section 1001) of Title 29 of the United States Code. (Amended by Stats. 2013, Ch. 778, Sec. 9. (SB 215) Effective January 1, 2014.)
  63. 22922.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A contracting agency may obtain a health benefit plan, but board approval is required and the board can impose contract terms or refuse unapproved amendments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22922. (a) A contracting agency and its employees and annuitants may obtain a health benefit plan, as defined in Section 22777, subject to board approval of a resolution submitted by the governing body electing to be so subject. The resolution shall be adopted by a majority vote and shall be effective at the time provided in board regulations. (b) In addition to, or in lieu of, submitting a resolution as prescribed in subdivision (a), the board may require the contracting agency to enter into a contract with the board to obtain a health benefit plan, as defined in Section 22777, for all or part of its employees, pursuant to rules and regulations developed by the board for this purpose. (c) The board may refuse to contract with, or to agree to an amendment proposed by, a contracting agency for any benefit provisions that are not specifically authorized by this part and that the board determines would adversely affect the administration of this system. (d) A contracting agency may become subject to this part with respect to a recognized employee organization with which it has reached mutual agreement. The resolution and any contracts, or the resolution and contract required by subdivisions (a) and (b), shall specify the recognized employee organizations participating in this system. (e) Pursuant to Section 22796 and subdivision (g) of Section 22934, the board may by regulation require any contracting agency that becomes subject to this part to meet certain board-determined criteria, including, but not limited to, additional requirements for any contracting agency that elects to become subject to this part that previously terminated coverage pursuant to Section 22938. (f) Approval of the contract to obtain a health benefit plan pursuant to subdivision (b) shall be by the affirmative vote of a majority of the members of the governing body of the contracting agency. (Amended by Stats. 2013, Ch. 778, Sec. 10. (SB 215) Effective January 1, 2014.)
  64. 22927.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A city and county contracting agency is subject to this part only for certain employees who had a state-law option to keep enrollment when moving from state to city and county 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 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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22927. Notwithstanding any other provision of this part, a contracting agency that is a city and county shall be subject to this part only with respect to employees who upon entering city and county employment from state employment had an option under state statutes to continue enrollment under this part. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  65. 22928.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    When a hospital becomes a contracting agency under the cited section, its employees are treated as city employees for this part until the hospital officially ends participation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22928. When a hospital becomes a contracting agency pursuant to subdivision (p) of Section 20057, its employees shall be deemed city employees for purposes of this part until the hospital enacts its own resolution or acts officially to terminate its participation under this part. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  66. 22930.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    If the board administers a specialized health benefit plan, it may offer coverage in that plan to a qualifying 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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22930. If the board administers a specialized health benefit plan, it may offer coverage in the specialized health benefit plan to a contracting agency that also provides coverage for its employees in a health benefit plan under this part. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  67. 22931.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Certain annuitants and the school employer are not subject to a specified Education Code 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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22931. Annuitants that receive benefits under this part and are former certificated employees that retired from a school employer, including the spouses and surviving spouses, are not subject to Article 1 (commencing with Section 7000) of Chapter 1 of Part 5 of Division 1 of the Education Code. The school employer is also not subject to Article 1 (commencing with Section 7000) of Chapter 1 of Part 5 of Division 1 of the Education Code with respect to those annuitants. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  68. 22932.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    Contracting agencies must enroll their employees and submit any reports required by the board, and county superintendents of schools must provide the board information about the school districts in their jurisdiction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22932. A contracting agency shall perform the functions necessary to enroll its employees and submit reports as may be required by the board. A county superintendent of schools shall have the responsibility of providing all information concerning the school districts within his or her jurisdiction to the board. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  69. 22934.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A contracting agency that elects coverage under this part may not keep other employee hospital and medical plans, with limited exceptions for certain existing or approved 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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22934. (a) A contracting agency that has elected to be subject to this part may not maintain any other health benefit plan or program offering hospital and medical care for its employees. (b) Notwithstanding subdivision (a), a plan operating on July 1, 2002, shall be permitted to continue as long as it meets the requirements of subdivision (e). A material change in the plan, including a change in carriers, shall be permitted. Notwithstanding any other provision of this part, a contracting agency may include a dependent of an employee or retiree who is not eligible for coverage as a family member or a domestic partner, as provided in this part, if the employee or retiree is also enrolled in the alternative plan. (c) Notwithstanding subdivision (a), a self-insured plan operating on January 1, 2003, shall be permitted to continue as long as it meets the requirements of subdivision (e). The board may extend the deadline contained in this subdivision for good cause. (d) Notwithstanding subdivision (a), an alternative plan established by a contracting agency and approved by the board after July 1, 2002, shall be permitted to continue until December 31, 2004. The plan may only be offered in an area in which there is no board-approved health maintenance organization or exclusive provider organization plan available for enrollment, or there is only one board-approved health maintenance organization plan available for enrollment, and that plan has less than 55 percent of the primary care physicians in its provider network available for new patients. The contracting agency shall reimburse the board for reasonable administrative expenses incurred as a result of enrollment activities outside of the system’s open enrollment period caused by the creation or termination of a plan offered pursuant to this subdivision. A contracting agency providing a plan pursuant to this subdivision shall notify the board by June 1, 2004, of its intent to either terminate that plan or to terminate its participation under this part as of January 1, 2005. On or after June 1, 2004, the board may extend the termination date contained in this subdivision for a contracting agency at its discretion, based on compelling circumstances in the region in which the contracting agency is located. (e) A plan maintained pursuant to this section shall meet and maintain the minimum standards for approved health benefit plans prescribed by the board pursuant to the requirements of this part. (f) An election of a contracting agency to be subject to this part is not effective prior to the termination of any health benefit plan maintained in violation of this section. The establishment of any plan thereafter in violation of this section shall terminate participation of the agency and all of its employees under this part as of the end of the contract year. (g) Nothing in this part may be construed to prohibit a contracting agency from offering health plans, including collectively bargained union health and welfare trust plans, to employees and annuitants of employee groups, including collective bargaining units, if the contracting agency has not elected to provide coverage for that group under this part. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  70. 22937.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A contracting agency may amend its contract with the board to join a Medicare reimbursement program for covered employees, annuitants, or family 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 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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22937. A contracting agency may elect, by amending its contract with the board, to participate in a Medicare reimbursement program for its employees, annuitants, or family members who are enrolled in a Medicare health benefit plan under this part, as prescribed by board regulations. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  71. 22938.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A contracting agency may stop being subject to this part by majority vote of its governing body and filing a resolution with the board by the regulatory deadline.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22938. A contracting agency that has elected to be subject to this part may elect to cease to be so subject by resolution adopted by a majority vote of its governing body and filed with the board on or before the deadline provided in board regulations, to be effective at the end of the current contract year. Coverage of employees and annuitants of the contracting agency shall also terminate at the end of the current contract year. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  72. 22939.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The board may end a contracting agency’s participation if the agency fails for three months after a demand to do an act required by this part or by board rules or 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 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 10. Contracting with Public Agencies [22920 - 22939] ( Article 10 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22939. The board may terminate the participation of a contracting agency if it fails for three months after a demand to perform any act required by this part or by board rules or regulations. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  73. 22940.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The board controls and invests the Annuitants’ Health Care Coverage Fund, and money from investment income in designated subaccounts cannot be used to pay benefits until a specified condition or date is reached.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22940. (a) There is in the State Treasury the Annuitants’ Health Care Coverage Fund that is a trust fund and a retirement fund, within the meaning of Section 17 of Article XVI of the California Constitution. Subject to the limitation provided in subdivision (b), notwithstanding Section 13340, all moneys in the fund are continuously appropriated without regard to fiscal years to the board for expenditure for the prefunding of health care coverage for annuitants pursuant to this part, including administrative costs. The board has sole and exclusive control and power over the administration and investment of the Annuitants’ Health Care Coverage Fund and shall make investments pursuant to Part 3 (commencing with Section 20000). (b) (1) Moneys accumulated in the designated state subaccounts of the fund, or a successor fund, that are derived from investment income shall not be used to pay benefits for state annuitants and dependents until the earlier of: (A) With regard to a particular designated state subaccount, the date the funded ratio of the designated state subaccount reaches at least 100 percent as determined in that employer’s postemployment benefits actuarial valuation and then only for the purpose of paying benefits for state annuitants and dependents associated with that subaccount. (B) July 1, 2046. (2) For purposes of this subdivision, “designated state subaccount” means a separate account maintained within the fund to identify prefunding contributions and assets attributable to a specified state collective bargaining unit or other state entity for the purpose of providing benefits to state annuitants and dependents associated with a specified collective bargaining unit or other state entity. (3) This subdivision shall not be construed as prohibiting an alternative funding strategy agreed to in a written memorandum of understanding. (Amended by Stats. 2015, Ch. 28, Sec. 8. (SB 98) Effective June 24, 2015.)
  74. 22942.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section defines “annuitant,” “employee,” and “employer” for Article 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 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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22942. For purposes of this article, the following definitions shall apply: (a) “Annuitant” means any of the following: (1) An annuitant described in Section 22760. (2) A person who retires from employment with an employer described in paragraph (2) of subdivision (c) and who receives postemployment health care benefits or other postemployment benefits from the prefunding plan provided by that employer. (3) A surviving family member who receives postemployment health care benefits or other postemployment benefits as a beneficiary of a deceased person described in paragraph (2). (b) “Employee” means an employee described in Section 22772. “Employee” also means an officer or employee of an employer described in paragraph (2) of subdivision (c). (c) “Employer” means either of the following: (1) An employer described in Section 22773. (2) An entity described in Section 22920 that has one or more employees and that entity provides postemployment health care benefits or other postemployment benefits to annuitants. (Added by Stats. 2007, Ch. 318, Sec. 3. Effective January 1, 2008.)
  75. 22943.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    An employer authorized by the board may choose to participate in the prefunding plan created by 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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22943. An employer authorized by the board may elect to participate in the prefunding plan established by this article. (Added by renumbering Section 22942 by Stats. 2007, Ch. 318, Sec. 2. Effective January 1, 2008.)
  76. 22944.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The board may allow an employer to join the prefunding plan, and a participating employer’s governing body must sign a contract 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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22944. The board may, in its discretion and upon terms and conditions set by the board, authorize an employer to participate in the prefunding plan established by this article. The governing body of a participating employer shall enter into a contract with the board, setting forth the terms and conditions of that employer’s participation in the prefunding plan, including, but not limited to, funding, expenditures, and actuarial, accounting, reporting, and investment considerations. (Repealed and added by Stats. 2007, Ch. 318, Sec. 5. Effective January 1, 2008.)
  77. 22944.2.

    ## 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 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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A contract under Section 22944 cannot by itself change or create benefit obligations, and it cannot limit the employer’s authority to set postemployment health care or other postemployment 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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22944.2. (a) A contract entered into between an employer and the board pursuant to Section 22944 shall not create, change, or vest the obligations of an employer or the board that were created under any other contract, law, ordinance, regulation, or similar actions to provide benefits for employees or annuitants of a participating employer. (b) A contract between an employer and the board entered into pursuant to Section 22944, in and of itself, shall not create, change, or vest an obligation for either party to the contract to provide a specific level of postemployment health care benefits or other postemployment benefits to employees or annuitants of a participating employer. (c) A contract between an employer and the board entered into pursuant to Section 22944, in and of itself, shall not preclude or in any way affect the authority of the employer to create, change, or vest the specific postemployment health care benefits or other postemployment benefits that the employer may choose to provide to its employees or annuitants. (Added by Stats. 2007, Ch. 318, Sec. 6. Effective January 1, 2008.)
  78. 22944.3.

    ## 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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section redirects certain compensation increases into prefunding patrol members’ postemployment health benefits, requires patrol members and the state to make specified contributions, and limits how those contributions may be used.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22944.3. (a) Any amount that would otherwise be used to permanently increase compensation pursuant to Section 19827, effective on July 1, 2009, and on July 1, 2010, shall instead be used to permanently prefund postemployment health care benefits for patrol members. The amount used to prefund benefits relative to any increases under the survey methodology effective July 1, 2010, shall not exceed 2 percent. The state shall take credit for these prefunding contributions in the survey methodology established in Section 19827 in the same manner as it would for an increase to the base salary for patrol members. (b) Patrol members shall contribute an additional 0.5 percent of base pay toward prefunding retiree health benefit obligations effective on the first day of the pay period following the effective date of the act adding this section and the ratification of the addendum by the members of State Bargaining Unit 5. This contribution shall not reduce the base salary of patrol members under the survey methodology established by Section 19827. (c) Effective July 1, 2012, the state shall contribute toward prefunding retiree health benefits, on a prospective basis, an amount at least equal to the combined contribution rate established pursuant to subdivisions (a) and (b). These contributions may be used in the survey methodology established by Section 19827 if mutually agreed in a memorandum of understanding. (d) Contributions paid pursuant to this section shall be used exclusively for the cost of providing postemployment health care to eligible enrolled patrol member annuitants and their eligible enrolled dependents, beneficiaries, and survivors. (e) Contributions paid pursuant to this section shall not be refundable under any circumstances to a patrol member or his or her beneficiary or survivor. (f) Any amount used to prefund postemployment health care for patrol members pursuant to subdivision (a) shall not be included in any calculation for benefits using final compensation. (g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (h) For purposes of this section, “patrol member” has the same meaning as in Section 20390. This section shall not apply to an employee of a county. (i) The Director of Human Resources may exercise his or her discretion to apply the provisions of this section to patrol members who are excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (Amended by Stats. 2012, Ch. 665, Sec. 156. (SB 1308) Effective January 1, 2013.)
  79. 22944.5.

    ## 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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. )

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    This section requires the state and specified employee groups to contribute to prefund retiree health care, with matching employer contributions and several temporary suspensions or rate adjustments for particular bargaining units.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22944.5. (a) (1) The state and employees in State Bargaining Unit 2, 7, 8, 9, 10, 13, 18, or 19 shall prefund retiree health care, with the goal of reaching a 50-percent cost sharing of actuarially determined normal costs for both employer and employees by July 1, 2019. (2) The state and employees in State Bargaining Units 6 and 16 shall prefund retiree health care, with the goal of reaching a 50-percent cost sharing of actuarially determined normal costs for both employer and employees by July 1, 2018. (3) The state and employees in the judicial branch shall prefund retiree health care, with the goal of reaching a 50-percent cost sharing of actuarially determined normal costs for both employer and employees by July 1, 2017. (4) The state and employees in State Bargaining Unit 1, 3, 4, 5, 11, 12, 14, 15, 17, 20, or 21 shall prefund retiree health care, with the goal of reaching a 50-percent cost sharing of actuarially determined normal costs for both employer and employees by July 1, 2020. (b) (1) The employees in State Bargaining Unit 9 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution: (A) Effective July 1, 2017, 0.5 percent of pensionable compensation. (B) Effective July 1, 2018, an additional 0.5 percent for a total employee contribution of 1.0 percent of pensionable compensation. (C) Effective July 1, 2019, an additional 1.0 percent for a total employee contribution of 2.0 percent of pensionable compensation. (D) The employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees’ salaries beginning with the July 2020 pay period and ending on June 30, 2021. The employer’s monthly contribution for prefunding other postemployment benefits will continue in the 2020–21 fiscal year, as described in subparagraph (C). (E) The employer’s monthly contribution for prefunding other postemployment benefits for the 2025–26 and 2026–27 fiscal years, as described in subparagraph (C), is suspended and shall not be withheld from employees’ salaries or contributed by the employer. (2) The employees in State Bargaining Unit 10 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution: (A) Effective July 1, 2017, 0.7 percent of pensionable compensation. (B) Effective July 1, 2018, an additional 0.7 percent for a total employee contribution of 1.4 percent of pensionable compensation. (C) Effective July 1, 2019, an additional 1.4 percent for a total employee contribution of 2.8 percent of pensionable compensation. (D) Effective July 1, 2020, the employer and employee contribution percentages will be increased or decreased to maintain a 50-percent cost sharing of the actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than one-half of 1 percent from the total normal cost contribution percentages in effect on July 1, 2019. The increase or decrease to the employer or employee contribution shall not exceed 0.5 percent per year. (E) The employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year, as described in subparagraph (D), is suspended and shall not be withheld from employees’ salaries beginning on the first day of the pay period following ratification and ending on June 30, 2021. The employer’s monthly contribution for prefunding other postemployment benefits will continue in the 2020–21 fiscal year, as described in subparagraph (D). (F) Notwithstanding Sections 22940, 22942, 22943, 22944, 22944.2, 22944.3, and 22944.5, effective the first day of the pay period following ratification by both parties, the employees’ and employer’s monthly contribution for prefunding other postemployment benefits for the 2025–26 and 2026–27 fiscal years, as described in subparagraph (C) and (D), is suspended and shall not be withheld from employees’ salaries or contributed by the employer. (3) The employees in State Bargaining Unit 6 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution: (A) Effective July 1, 2016, 1.3 percent of pensionable compensation. (B) Effective July 1, 2017, an additional 1.3 percent for a total employee contribution of 2.6 percent of pensionable compensation. (C) Effective July 1, 2018, an additional 1.4 percent for a total employee contribution of 4.0 percent of pensionable compensation. (D) The employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees’ salaries beginning on July 1, 2020, and ending on June 30, 2021. The employer’s monthly contribution for prefunding other postemployment benefits will continue in the 2020–21 fiscal year, as described in subparagraph (C). (E) The employer’s monthly contribution for prefunding other postemployment benefits for the 2025–26 and 2026–2027 fiscal years, as described in subparagraph (C), is suspended and shall not be contributed by the employer. The employees’ monthly contribution of 4.0 percent for prefunding other postemployment benefits will continue uninterrupted. (4) The state employees in the judicial branch shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution: (A) Effective July 1, 2016, 1.5 percent of pensionable compensation. (B) Effective July 1, 2017, up to an additional 1.5 percent for a total employee contribution of up to 3.0 percent of pensionable compensation. The additional amount shall be determined by the Director of Finance no later than April 1, 2017, based on the actuarially determined normal costs identified in the state valuation. (C) Effective July 31, 2025 to June 30, 2027, inclusive, the employees’ and employer’s monthly contribution for prefunding other postemployment benefits for the 2025-26 and 2026-27 fiscal years, as described in subparagraph (B), is suspended and shall not be withheld from employee’s salaries or contributed by the employer. (D) This paragraph does not apply to a judge who is subject to Chapter 11 (commencing with Section 75000) or Chapter 11.5 (commencing with Section 75500) of Title 8. (5) The employees in State Bargaining Unit 12 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution: (A) Effective July 1, 2017, 1.5 percent of pensionable compensation. (B) Effective July 1, 2018, an additional 1.0 percent for a total employee contribution of 2.5 percent of pensionable compensation. (C) Effective July 1, 2019, an additional 1.0 percent for a total employee contribution of 3.5 percent of pensionable compensation. (D) Effective July 1, 2020, an additional 1.1 percent for a total employee contribution of 4.6 percent of pensionable compensation. (E) The employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year, as described in subparagraph (D), is suspended and shall not be withheld from employees’ salaries beginning on the first day of the pay period following ratification and ending on June 30, 2021. The employer’s monthly contribution for prefunding other postemployment benefits will continue in the 2020–21 fiscal year, as described in subparagraph (D). (F) Effective the first day of the pay period following ratification by both parties, but no sooner than July 1, 2021, the employer and employee contribution percentages shall be increased or decreased to maintain a 50-percent cost sharing of the actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than one-half of 1 percent from the total normal cost contribution percentages in effect at the time. The increase or decrease to the employer or employee contribution shall not exceed 0.5 percent per year. (G) The employees’ and employer’s monthly contribution for prefunding other postemployment benefits for the 2025–26 and 2026–27 fiscal years, as described in subparagraphs (D) and (F), is suspended and shall not be withheld from employees’ salaries or contributed by the employer. (H) Effective July 1, 2027, 1.4 percent of pensionable compensation. (I) Effective July 1, 2028, an additional 1.3 percent for a total employee contribution of 2.7 percent of pensionable compensation. (J) Effective July 1, 2029, an additional 1.4 percent for a total employee contribution of 4.1 percent of pensionable compensation. (K) Effective July 1, 2030, the employer and employee contribution percentages shall be increased or decreased to maintain a 50-percent cost sharing of the actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages shall occur if the actuarially determined total normal costs increase or decrease by more than one-half of one percent from the total normal contribution percentages in effect at the time. The increase or decrease to the employer or employee contribution shall not exceed 0.5 percent per year. (6) The employees in State Bargaining Unit 2 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution: (A) Effective July 1, 2017, 0.7 percent of pensionable compensation. (B) Effective July 1, 2018, an additional 0.6 percent for a total employee contribution of 1.3 percent of pensionable compensation. (C) Effective July 1, 2019, an additional 0.7 percent for a total employee contribution of 2.0 percent of pensionable compensation. (D) The employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees’ salaries beginning on the first day of the pay period following ratification and ending on June 30, 2021. The employer’s monthly contribution for prefunding other postemployment benefits will continue in the 2020–21 fiscal year, as described in subparagraph (C). (E) Effective October 1, 2022, the employer and State Bargaining Unit 2 employee contribution percentages will be adjusted based on actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than 0.5 percent from the total normal cost contribution percentages in effect at the time. Commencing the first day of the pay period following ratification, and on July 1 of each fiscal year thereafter, the employer and employee contribution percentages will be increased or decreased to maintain a 50-percent cost sharing of actuarially determined total normal costs. Furthermore, the increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year. (F) Effective July 1, 2025, to June 30, 2027, inclusive, the employees’ and employer’s monthly contribution for prefunding other postemployment benefits for the 2025–26 and 2026–27 fiscal years, as described in subparagraphs (C) and (E), is suspended and shall not be withheld from employees’ salaries or contributed by the employer. (7) The employees in State Bargaining Unit 7 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution: (A) Effective July 1, 2017, 1.3 percent of pensionable compensation. (B) Effective July 1, 2018, an additional 1.4 percent for a total employee contribution of 2.7 percent of pensionable compensation. (C) Effective July 1, 2019, an additional 1.3 percent for a total employee contribution of 4.0 percent of pensionable compensation. (D) The employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees’ salaries beginning on the first day of the pay period following ratification and ending on June 30, 2021. The employer’s monthly contribution for prefunding other postemployment benefits will continue in the 2020–21 fiscal year, as described in subparagraph (C). (E) Effective July 1, 2025, to June 30, 2027, inclusive, the employees’ and employer’s monthly contribution for prefunding other postemployment benefits for the 2025–26 and 2026–27 fiscal years, as described in subparagraph (C), is suspended and shall not be withheld from employees’ salaries or contributed by the employer. (F) Effective July 1, 2027, 1.3 percent of pensionable contributions. (G) Effective July 1, 2028, an additional 1.3 percent for a total employee contribution of 2.6 percent of pensionable compensation. (H) Effective July 1, 2029, an additional 1.4 percent for a total employee contribution of 4 percent of pensionable compensation. (I) Beginning July 1, 2030, the employer and employee contribution percentages shall be increased or decreased to maintain a 50-percent cost sharing of the actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages shall occur if the actuarially determined total normal costs increase or decrease by more than one-half of one percent from the total normal contribution percentages in effect at the time. The increase or decrease to the employer or employee contribution shall not exceed 0.5 percent per year. (8) The employees in State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution: (A) Effective July 1, 2018, 1.2 percent of pensionable compensation. (B) Effective July 1, 2019, an additional 1.1 percent for a total employee contribution of 2.3 percent of pensionable compensation. (C) Effective July 1, 2020, an additional 1.2 percent for a total employee contribution of 3.5 percent of pensionable compensation. (D) Effective the first day of the pay period following ratification, the contribution percentage in subparagraph (C) shall be reduced by 0.5 percent for a total employee contribution of 3.0 percent of pensionable compensation. (E) Effective July 1, 2024, and each July thereafter, State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 employee contribution percentages will be adjusted based on actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than 0.5 percent from the total normal cost contribution percentages in effect at the time. The employer and employee contribution percentages will be increased or decreased to maintain a 50-percent cost sharing of actuarially determined total normal costs. Furthermore, the increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year. (F) The employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees’ salaries beginning on July 1, 2020, and ending on June 30, 2021. The employer’s monthly contribution for prefunding other postemployment benefits will continue in the 2020–21 fiscal year, as described in subparagraph (C). (G) Effective July 31, 2025, to June 30, 2027, inclusive, the employees’ and employer’s monthly contribution for prefunding other postemployment benefits for the 2025–26 and 2026–27 fiscal years, as described in subparagraphs (D) and (E), is suspended and shall not be withheld from employees’ salaries or contributed by the employer. (9) The employees in State Bargaining Unit 8 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution: (A) Effective July 1, 2017, 1.5 percent of pensionable compensation. (B) Effective July 1, 2018, an additional 1.5 percent for a total employee contribution of 3.0 percent of pensionable compensation. (C) Effective July 1, 2019, an additional 1.4 percent for a total employee contribution of 4.4 percent of pensionable compensation. (D) The employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees’ salaries beginning on the first day of the pay period following ratification and ending on June 30, 2021. The employer’s monthly contribution for prefunding other postemployment benefits will continue in the 2020–21 fiscal year, as described in subparagraph (C). (E) Effective the first day of the pay period following ratification by both parties, but no sooner than November 1, 2022, the employer and employee contribution will be decreased by 1 percent from 4.4 percent to 3.4 percent. (F) Effective July 1, 2023, the contribution percentages will be adjusted based on the actuarially determined total normal cost. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than “0.5 percent” or “one-half of 1 percent” from the normal total cost contribution percentages in effect at the time. If it is determined that an adjustment to the contribution rate is necessary, commencing no sooner than July 1, 2023, and July 1 of each fiscal year thereafter, the employer and employee contribution percentages will be increased or decreased to maintain a 50-percent cost sharing of actuarially determined total normal costs. Furthermore, the increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year. (G) Effective July 1, 2025, to June 30, 2027, inclusive, the employees’ and employer’s monthly contribution for prefunding other postemployment benefits for the 2025–26 and 2026–27 fiscal years, as described in subparagraphs (E) and (F), is suspended and shall not be withheld from employees’ salaries or contributed by the employer. (10) The employees in State Bargaining Unit 13 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution: (A) Effective July 1, 2017, 1.3 percent of pensionable compensation. (B) Effective July 1, 2018, an additional 1.3 percent for a total employee contribution of 2.6 percent of pensionable compensation. (C) Effective July 1, 2019, an additional 1.3 percent for a total employee contribution of 3.9 percent of pensionable compensation. (D) The employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees’ salaries beginning with the August 2020 pay period and ending on June 30, 2021. The employer’s monthly contribution for prefunding other postemployment benefits will continue in the 2020–21 fiscal year, as described in subparagraph (C). (E) Effective August 2, 2022, the employer and employee contribution percentages will be adjusted based on actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than 0.5 percent from the total normal cost contribution percentages in effect at the time. Commencing no sooner than July 1, 2022, the employer and employee contribution percentages will be increased or decreased to maintain a 50-percent cost sharing of actuarially determined total normal costs. Furthermore, the increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year. (F) Effective July 1, 2025, to June 30, 2027, inclusive, the employees’ and employer’s monthly contribution for prefunding other postemployment benefits for the 2025–26 and 2026–27 fiscal years, as described in subparagraph (D) and (E), is suspended and shall not be withheld from employee’s salaries or contributed by the employer. (G) Effective July 1, 2027, 1.2 percent of pensionable compensation. (H) Effective July 1, 2028, an additional 1.3 percent for a total employee contribution of 2.5 percent of pensionable compensation. (I) Effective July 1, 2029, an additional 1.3 percent for a total employee contribution of 3.8 percent of pensionable compensation. (J) Beginning July 1, 2030, both the employer and employee contribution percentages will be increased or decreased to maintain a 50 percent cost sharing of actuarially determined total normal costs. The increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year. (11) The employees in State Bargaining Unit 18 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution: (A) Effective July 1, 2017, 1.3 percent of pensionable compensation. (B) Effective July 1, 2018, an additional 1.3 percent for a total employee contribution of 2.6 percent of pensionable compensation. (C) Effective July 1, 2019, an additional 1.4 percent for a total employee contribution of 4.0 percent of pensionable compensation. (D) After July 1, 2019, the employer and employee contribution percentages will be adjusted based on actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase by more than 0.5 percent from the total normal cost contribution percentages in effect at the time. Commencing no sooner than July 1, 2021, and on July 1 of each fiscal year thereafter, if it is determined that an adjustment to the contribution rate is necessary, the employer and employee contribution percentages will be increased to maintain a 50-percent cost sharing of actuarially determined total normal costs. The increase to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year. (E) The employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year, as described in subparagraphs (C) and (D), is suspended and shall not be withheld from employees’ salaries beginning on the first day of the pay period following ratification and ending on June 30, 2021. The employer’s monthly contribution for prefunding other postemployment benefits will continue in the 2020–21 fiscal year, as described in subparagraphs (C) and (D). (F) Effective October 1, 2022, the employer and employee contribution percentages will be adjusted based on actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than 0.5 percent from the total normal cost contribution percentages in effect at the time. Commencing the first day of the pay period following ratification, and on July 1 of each fiscal year thereafter, the employer and employee contribution percentages will be increased or decreased to maintain a 50-percent cost sharing of actuarially determined total normal costs. Furthermore, the increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year. (G) Effective July 1, 2025, to June 30, 2027, inclusive, the employees’ and employer’s monthly contribution for prefunding other postemployment benefits for the 2025–26 and 2026–27 fiscal years, as described in subparagraphs (C) and (F), is suspended and shall not be withheld from employees’ salaries or contributed by the employer. (H) Effective July 1, 2027, the amount of the employees’ and matching employer contributions required to prefund retiree healthcare shall be based on the following schedule: (i) Effective July 1, 2027, 1.5 percent of pensionable compensation. (ii) Effective July 1, 2028, an additional 1.5 percent for a total employee contribution of 3.0 percent of pensionable compensation. (iii) Effective July 1, 2029, an additional 1.5 percent for a total employee contribution of 4.5 percent of pensionable compensation. (I) Beginning July 1, 2030, both the employer and employee contribution percentages will be increased or decreased to maintain a 50 percent cost sharing of actuarially determined normal costs. The increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year. (12) The employees in State Bargaining Unit 19 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution: (A) Effective July 1, 2017, 1.0 percent of pensionable compensation. (B) Effective July 1, 2018, an additional 1.0 percent for a total employee contribution of 2.0 percent of pensionable compensation. (C) Effective July 1, 2019, an additional 1.0 percent for a total employee contribution of 3.0 percent of pensionable compensation. (D) The employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year, as described in subparagraph (C), is suspended and shall not be withheld from employees’ salaries beginning with the July 2020 pay period and ending on June 30, 2021. The employer’s monthly contribution for prefunding other postemployment benefits will continue in the 2020–21 fiscal year, as described in subparagraph (C). (E) Effective July 1, 2025, to June 30, 2027, inclusive, the employees’ and employer’s monthly contribution for prefunding other postemployment benefits for the 2025–26 and 2026–27 fiscal years, as described in subparagraph (C), is suspended and shall not be withheld from employees’ salaries or contributed by the employer. (13) The employees in State Bargaining Unit 16 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution: (A) Effective July 1, 2017, 1 percent of pensionable compensation. (B) Effective July 1, 2018, an additional 0.4 percent for a total employee contribution of 1.4 percent of pensionable compensation. (C) The employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year, as described in subparagraph (B), is suspended and shall not be withheld from employees’ salaries beginning on the first day of the pay period following ratification and ending on June 30, 2021. The employer’s monthly contribution for prefunding other postemployment benefits will continue in the 2020–21 fiscal year, as described in subparagraph (B). (D) Effective the first day of the pay period following ratification by both parties, to June 30, 2027, inclusive, the employees’ and employer’s monthly contribution for prefunding other postemployment benefits for the 2025–26 and 2026–27 fiscal years, as described in subparagraph (B), is suspended and shall not be withheld from employees’ salaries or contributed by the employer. (14) Notwithstanding Section 22944.3 of the Government Code, the state and employees in State Bargaining Unit 5 shall prefund retiree health care, with the goal of reaching a 50-percent cost sharing of actuarially determined total normal costs for both employer and employees by July 1, 2020. (A) The employees in State Bargaining Unit 5 shall make contributions to prefund retiree health care based on the following schedule, and the state shall make a matching contribution: (B) Effective July 1, 2020, 0.0 percent of pensionable compensation for employees and 3.4 percent of pensionable statutory salary increases redirected to prefund OPEB paid for by the employer. (C) After July 1, 2020, the employer and employee contribution percentages will be adjusted based on actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than 0.5 percent from the total normal cost contribution percentages in effect at the time. Commencing no sooner than July 1, 2021, and on July 1 of each fiscal year thereafter, if it is determined that an adjustment to the contribution rate is necessary, the employer and employee contribution percentages will be increased or decreased to maintain a 50-percent cost sharing of actuarially determined total normal costs. The increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed 0.5 percent per year. (D) The employees’ monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year, as described in subparagraphs (B) and (C), is suspended and shall not be withheld from employees’ salaries beginning with the July 2020 pay period and ending on June 30, 2021. The employer’s monthly contribution for prefunding other postemployment benefits will also be suspended during the 2020–21 fiscal year, as described in subparagraphs (B) and (C), beginning with the July 2020 pay period and ending on June 30, 2021. (E) Effective July 1, 2020, the statutory increase redirected as a result of subdivision (a) of Section 19827 shall count towards the employee contribution percentage when determining the 50-percent cost sharing of actuarially determined total normal costs. (F) Effective the first day of the pay period following ratification by both parties, but no sooner than July 1, 2021, the parties shall incorporate the 3.4 percent employee share of pensionable compensation into the salary survey conducted pursuant to Section 19827 of Government Code. (G) Effective the first day of the pay period following ratification by both parties, but no sooner than July 1, 2021, the employees in State Bargaining Unit 5 and the state shall make contributions to prefund retiree health care based on the following schedule: (i) Effective the first day of the pay period following ratification by both parties, but no sooner than July 1, 2021, employees shall contribute 0.9 percent of pensionable compensation and the employer shall contribute 5.9 percent of pensionable compensation, for a total of 6.8 percent pensionable compensation. (ii) Effective July 1, 2022, employees shall contribute 1.7 percent of pensionable compensation and the employer shall contribute 5.1 percent of pensionable compensation, for a total of 6.8 percent pensionable compensation. (iii) Effective July 1, 2023, employees shall contribute 2.6 percent of pensionable compensation and the employer shall contribute 4.2 percent of pensionable compensation, for a total of 6.8 percent pensionable compensation. (iv) Effective July 1, 2024, employees shall contribute 3.4 percent of pensionable compensation and the employer shall contribute 3.4 percent of pensionable compensation, for a total of 6.8 percent of pensionable compensation. (v) Effective the first day of the pay period following ratification by both parties but no earlier than July 31, 2025, to June 30, 2027, inclusive, the employees’ and employer’s monthly contribution for prefunding other postemployment benefits for the 2025–26 and 2026–27 fiscal years, as described in clause (iv), is suspended and shall not be withheld from employees’ salaries or contributed by the employer. (c) This section only applies to employees who are eligible for health benefits, including permanent intermittent employees. (d) Contributions paid pursuant to this section shall be deposited in the Annuitants’ Health Care Coverage Fund and shall not be refundable under any circumstances to an employee or the employee’s beneficiary or survivor. (e) If the provisions of this section are in conflict with the provisions of a memorandum of understanding or addenda, or both, reached pursuant to Section 3517.5, that memorandum of understanding or addenda, or both, shall be controlling without further legislative action, except that if those provisions of the memorandum of understanding or addenda require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (f) (1) With the goal of reaching a 50-percent cost sharing of actuarially determined normal costs for both employer and employees by July 1, 2020, the Director of the Department of Human Resources may establish the total employee and employer contribution to prefund retiree health care as a percentage of pensionable compensation for the following: (A) A state employee related to a bargaining unit described in subdivision (a) who is excepted from the definition of “state employee” in subdivision (c) of Section 3513. (B) A state employee who is not related to a bargaining unit described in subdivision (a) and who is excepted from the definition of “state employee” in subdivision (c) of Section 3513. (C) An officer or employee of the executive branch of state government who is not a member of the civil service. (2) An employee or officer to whom this subdivision applies shall make contributions to prefund retiree health care based on the percentages established in paragraph (1). (Amended by Stats. 2025, Ch. 114, Sec. 11. (SB 161) Effective September 17, 2025.)
  80. 22944.6.

    ## 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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    The Legislature appropriates $616 million from the General Fund for specified prefunding contributions, and the Department of Finance must give the Controller a transfer schedule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 11. Prefunding Plan for Health Care Coverage for Annuitants [22940 - 22944.6] ( Article 11 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22944.6. (a) (1) In addition to the appropriation required for state contributions to prefund retiree health care and other postemployment benefits pursuant to Section 22944.5, the Legislature hereby appropriates six hundred sixteen million dollars ($616,000,000) from the General Fund, for the purposes described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution, on behalf of employees for the 2020–21 employee prefunding contributions that were suspended. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2021. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b). (2) The supplemental payment to the Annuitants’ Health Care Coverage Fund described in paragraph (1) shall be apportioned to the following state employee bargaining unit subaccounts, as directed by the Department of Finance, not to exceed the following amounts: (A) Two hundred fifty-one million dollars ($251,000,000) to the subaccount for employees in State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21. (B) Eleven million dollars ($11,000,000) to the subaccount for employees in State Bargaining Unit 2. (C) Sixty-five million dollars ($65,000,000) to the subaccount for employees in State Bargaining Unit 5. (D) One hundred fifteen million dollars ($115,000,000) to the subaccount for employees in State Bargaining Unit 6. (E) Twenty-five million dollars ($25,000,000) to the subaccount for employees in State Bargaining Unit 7. (F) Twenty-three million dollars ($23,000,000) to the subaccount for employees in State Bargaining Unit 8. (G) Twenty-eight million dollars ($28,000,000) to the subaccount for employees in State Bargaining Unit 9. (H) Nine million dollars ($9,000,000) to the subaccount for employees in State Bargaining Unit 10. (I) Thirty-two million dollars ($32,000,000) to the subaccount for employees in State Bargaining Unit 12. (J) Three million dollars ($3,000,000) to the subaccount for employees in State Bargaining Unit 13. (K) Six million dollars ($6,000,000) to the subaccount for employees in State Bargaining Unit 16. (L) Seventeen million dollars ($17,000,000) to the subaccount for employees in State Bargaining Unit 18. (M) Seventeen million dollars ($17,000,000) to the subaccount for employees in State Bargaining Unit 19. (N) Fourteen million dollars ($14,000,000) to the subaccount for employees described in paragraph (1) of subdivision (g) of Section 22944.5 of the Government Code. (b) Beginning July 1, 2021, the appropriation made in paragraph (1) of subdivision (a) shall be applied to the employee contribution required to prefund retiree health care and other postemployment benefits described in paragraph (2) of subdivision (a) that equates to the suspended contribution amount for the 2020–21 fiscal year. (Amended by Stats. 2021, Ch. 279, Sec. 8. (SB 165) Effective September 23, 2021.)
  81. 22945.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Recovery of Medical Costs [22945 - 22948] ( Chapter 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section gives three named health benefits trusts the right to recover medical costs paid for injuries caused or allegedly caused by a third party.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Recovery of Medical Costs [22945 - 22948] ( Chapter 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22945. (a) The purpose of this chapter is to establish the rights of the California Association of Highway Patrolmen Health Benefits Trust, the Peace Officers Research Association of California Health Benefits Trust, and the California Correctional Peace Officer Association Health Benefits Trust to recover medical costs paid to a participant for injuries, including injuries that result in death, caused by or allegedly caused by a third party. (b) This chapter does not apply if the participant is injured in the course and scope of his or her employment. In those cases, Chapter 5 (commencing with Section 3850) of Part 1 of Division 4 of the Labor Code governs. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  82. 22946.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Recovery of Medical Costs [22945 - 22948] ( Chapter 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section defines “health benefits trust,” “participant,” and “third party” 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 2. Recovery of Medical Costs [22945 - 22948] ( Chapter 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22946. As used in this chapter: (a) “Health benefits trust” means the California Association of Highway Patrolmen Health Benefits Trust, the Peace Officers Research Association of California Health Benefits Trust, the California Correctional Peace Officers Association Health Benefits Trust, or a self-funded, partially self-funded, or minimum premium plan administered by the board under this part. (b) “Participant” means an employee, annuitant, or family member who is a member of a health benefits trust and who is injured by, or due to the actions or inactions of, a third person, and includes any other person to whom a claim accrues by reason of the injury or death of the employee, annuitant, or family member. (c) “Third party” means any tortfeasor or alleged tortfeasor against whom the participant asserts a claim for injury or death. (Amended by Stats. 2019, Ch. 330, Sec. 24. (SB 782) Effective January 1, 2020.)
  83. 22947.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Recovery of Medical Costs [22945 - 22948] ( Chapter 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    A health benefits trust may place a lien for benefits paid, but the lien is capped and reduced in several situations. The participant or the participant’s attorney must promptly send written notice of any third-party claim by certified mail.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Recovery of Medical Costs [22945 - 22948] ( Chapter 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22947. (a) A health benefits trust may assert a lien for health benefits paid on behalf of a participant against any settlement with, or arbitration award or judgment against, a third party. No lien asserted by a health benefits trust under this section may exceed the amount actually paid by the trust to any treating medical provider. (b) The participant, if not represented by an attorney, or the participant’s attorney, shall immediately send, by certified mail, written notice of the existence of any claim or action against a third party, to the following: (1) The health benefits trust. (2) A hospital or any hospital-affiliated health facility, as defined in Section 1250 of the Health and Safety Code, that is known to have provided health care services to the participant. (c) If medical costs are paid by the health benefits trust, contract providers may not assert an independent lien against the participant. Contract providers who agree, by contract, to a specified rate may not seek to recover an amount that exceeds the contracted rate against the participant. This subdivision is not applicable to a lien for hospital services pursuant to Chapter 4 (commencing with Section 3045.1) of Title 14 of Part 4 of Division 3 of the Civil Code. (d) If the participant engaged an attorney, the lien for health services asserted by a health benefits trust under subdivision (a) may not exceed the lesser of the actual amount paid by the trust or one-third of the moneys due to the participant under any final judgment, compromise, arbitration, or settlement agreement. (e) If the participant did not engage an attorney, the lien for health services asserted by the health benefits trust under subdivision (a) may not exceed the lesser of the actual amount paid by the trust or one-half of the moneys due to the participant under any final judgment, compromise, arbitration, or settlement agreement. (f) If a final judgment includes a special finding by a judge, jury, or arbitrator that the participant was partially at fault, the lien asserted by the health benefits trust shall be reduced by the same comparative fault percentage by which the participant’s recovery was reduced. (g) The lien asserted by the health benefits trust shall be subject to pro rata reduction, commensurate with the participant’s reasonable attorney’s fees and costs, in accordance with the common fund doctrine. (h) The court or arbitrator may also take into account the obligation, if any, of the health benefits trust to make future medical payments on behalf of the participant for the medical condition that gave rise to the claim against the third party. (i) The provisions of this section may not be admitted into evidence nor given in any instruction in any civil action or proceeding between a participant and a third party. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  84. 22948.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Recovery of Medical Costs [22945 - 22948] ( Chapter 2 added by Stats. 2004, Ch. 69, Sec. 22. )

    Verify source ↗

    This section lets the court or arbitrator decide how a recovery or judgment is split when the participant and lien claimants cannot agree.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [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 2. Recovery of Medical Costs [22945 - 22948] ( Chapter 2 added by Stats. 2004, Ch. 69, Sec. 22. ) ## 22948. (a) A court or arbitrator having jurisdiction over a claim by a participant against a third party shall additionally have jurisdiction over apportionment of any recovery on the claim, if the participant and the health benefits trust or any other party asserting a lien cannot agree on an allocation. (b) In the event of a settlement between the participant and the third party where there is no agreement on proper apportionment of the settlement between the participant and the health benefits trust or any other party asserting a lien, the participant may petition the court for a determination in accordance with this section. The parties may introduce evidence with respect to the issue of apportionment in any manner authorized by the Evidence Code, including, but not limited to, introduction by sworn declaration or by relevant discovery responses. The participant shall make available to the health benefits trust all relevant discovery in a reasonable and timely manner. The use of witness testimony shall be discouraged and shall be allowed only by stipulation of the parties. (c) In the event of a judgment where there is no agreement on proper apportionment of the judgment between the participant and the health benefits trust or any other party asserting a lien, the participant may file a post-trial motion asking the court to apportion the judgment in accordance with this section. (Added by Stats. 2004, Ch. 69, Sec. 22. Effective June 24, 2004.)
  85. 22950.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    This part may be cited as the State Employees’ Dental Care 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 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22950. This part may be cited as the State Employees’ Dental Care Act. (Repealed and added by Stats. 2004, Ch. 69, Sec. 25. Effective June 24, 2004.)
  86. 22951.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    This section states the purposes of the part: improve economy and efficiency in state service, help the state recruit and keep qualified employees through dental care plans, and protect 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 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22951. It is the purpose of this part to do all of the following: (a) Promote increased economy and efficiency in the state service. (b) Enable the state to attract and retain qualified employees by providing dental care 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. (Repealed and added by Stats. 2004, Ch. 69, Sec. 25. Effective June 24, 2004.)
  87. 22952.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    This section says the definitions of terms from Part 5 apply to this part unless the text 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 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22952. Unless otherwise indicated, the definition of terms in Part 5 (commencing with Section 22750) apply to this part. (Repealed and added by Stats. 2004, Ch. 69, Sec. 25. Effective June 24, 2004.)
  88. 22953.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    The state may contract for dental care plans for certain public employees and family members, and employees or annuitants may enroll only if they are also enrolled in the carrier’s 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 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22953. (a) The state, through the Department of Human Resources, the Trustees of the California State University, or the Regents of the University of California may contract, upon negotiations with employee organizations, with carriers for dental care plans for employees, annuitants, and eligible family members, provided the carriers have operated successfully in the area of dental care benefits for a reasonable period or have a contract to provide a health benefit plan pursuant to Section 22850. The dental care plans may include a portion of the monthly premium to be paid by the employee or annuitant. Dental care plans provided under this authority may be self-funded by the employer if it is determined to be cost effective. (b) An employee or annuitant may enroll in a dental care plan provided by a carrier that also provides a health benefit plan pursuant to Section 22850 if the employee or annuitant is also enrolled in the health benefit plan provided by that carrier. However, nothing in this section may be construed to require an employee or annuitant to enroll in a dental care plan and a health benefit plan provided by the same carrier. (c) No contract for a dental care plan may be entered into unless funds are appropriated by the Legislature in a subsequently enacted statute. If a dental care plan is self-funded, funds used for that plan shall be considered continuously appropriated, notwithstanding Section 13340. (Amended by Stats. 2012, Ch. 665, Sec. 157. (SB 1308) Effective January 1, 2013.)
  89. 22954.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    Money for self-funded state employee dental care plans must be kept in the State Employees’ Dental Care Fund and used for dental claims and related administrative 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 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22954. Funds appropriated for self-funded dental care plans for state employees, other than employees of the California State University, shall be maintained in the State Employees’ Dental Care Fund which is hereby created in the State Treasury. Moneys in this fund shall be used by the Department of Human Resources to pay dental claims and other administrative costs. Income earned on the moneys in the State Employees’ Dental Care Fund shall be credited to the fund. Moneys in this fund are continuously appropriated in accordance with this section and Section 22953. (Amended by Stats. 2012, Ch. 665, Sec. 158. (SB 1308) Effective January 1, 2013.)
  90. 22955.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    The California State University Employees’ Dental Care Fund is created in the State Treasury, and the Trustees of the California State University must use fund money to pay dental claims and administrative 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 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22955. Funds appropriated for self-funded dental care plans for employees of the California State University shall be maintained in the California State University Employees’ Dental Care Fund, which is hereby created in the State Treasury. Moneys in this fund shall be used by the Trustees of the California State University to pay dental claims and other administrative costs. Income earned on the moneys in the California State University Employees’ Dental Care Fund shall be credited to the fund. Moneys in this fund are continuously appropriated in accordance with this section and Section 22953. (Repealed and added by Stats. 2004, Ch. 69, Sec. 25. Effective June 24, 2004.)
  91. 22956.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    A retiring state annuitant may enroll in a dental care plan if the stated conditions are met. The board generally has no duty to find or notify eligible annuitants, but must help California State University on request by providing retiree names and addresses for notice purposes, and CSU must keep that information 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 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22956. (a) An annuitant who retires from the state may enroll in a dental care plan offered under this part, provided either of the following apply: (1) The annuitant is not enrolled in a health benefit plan or a dental care plan, but was eligible for enrollment as an employee at the time of separation for retirement, and who retired within 120 days of the date of separation. (2) The annuitant is receiving an allowance pursuant to Article 6 (commencing with Section 9359) of Chapter 3.5 of Part 1 of Division 2. (b) Except as provided in subdivision (c), the board has no duty to locate or notify any annuitant who may be eligible to enroll, or to provide names or addresses to any person, agency, or entity for the purpose of notifying annuitants. (c) Notwithstanding any other law, the board shall assist the California State University upon request by providing retiree names and addresses to the California State University solely for the purpose of notifying retirees of eligibility for enrollment in a dental care plan offered by the California State University under this part. Any information provided to the California State University for this purpose shall be treated as confidential by the California State University. (Amended by Stats. 2020, Ch. 25, Sec. 18. (SB 116) Effective June 29, 2020.)
  92. 22957.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    Certain annuitants may keep dental plan enrollment, including eligible family members, and the plan may charge part of the monthly premium subject to a cap.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22957. A person who was enrolled in a dental care plan at the time he or she became an annuitant under state or federal provisions, may continue his or her enrollment, including eligible family members, without discrimination as to premium rates or benefit coverage. The dental care plans may require part of a monthly premium to be paid by the annuitant, not to exceed the premium paid by represented or excluded employees, whichever is less, for the state-sponsored indemnity dental plan. The premium to be paid by the annuitant shall be deducted from his or her monthly allowance. (Repealed and added by Stats. 2004, Ch. 69, Sec. 25. Effective June 24, 2004.)
  93. 22958.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    This section limits who can receive employer-paid postretirement dental care contributions and sets how the contribution percentage is calculated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22958. (a) Notwithstanding Sections 22953 and 22957, the following employees may not receive any portion of the employer contribution payable for annuitants, unless the person is credited with 10 or more years of state service, as defined by this section, at the time of retirement: (1) A state employee, as defined by subdivision (c) of Section 3513, in State Bargaining Unit 5, 6, 8, or 16 who becomes a state member of the system after January 1, 1999. (2) A state employee, as defined by subdivision (c) of Section 3513, in State Bargaining Unit 19 who becomes a state member of the system after July 1, 1998. (3) A state employee, as defined by subdivision (c) of Section 3513, who becomes a state member of the system after January 1, 2000, and is a member of a state bargaining unit that has agreed to this section. (4) A state employee who becomes a state member of the system after January 1, 2000, and is either excluded from the definition of a state employee in subdivision (c) of Section 3513, or a nonelected officer or employee of the executive branch of government who is not a member of the civil service. (b) The percentage of the employer contribution payable for postretirement dental care benefits for an employee subject to this section shall be based on the funding provision of the plan and the completed years of credited state service at retirement as shown in the following table: Credited Years of Service Percentage of Employer Contribution 10 _____ 50 _____ 11 _____ 55 _____ 12 _____ 60 _____ 13 _____ 65 _____ 14 _____ 70 _____ 15 _____ 75 _____ 16 _____ 80 _____ 17 _____ 85 _____ 18 _____ 90 _____ 19 _____ 95 _____ 20 or more _____ 100 _____ (c) This section only applies to state employees who retire for service. (d) Benefits provided to an employee subject to this section shall be applicable to all future state service. (e) For purposes of this section, “state service” means service rendered as an employee or an appointed or elected officer of the state for compensation. Notwithstanding Section 22826, for purposes of this section, credited state service includes service to the state for which the employee, pursuant to Section 20281.5, did not receive credit. (f) In those cases where the state has assumed from a public agency a function and the related personnel, service rendered by that personnel for compensation as employees or appointed or elected officers of that public agency may not be credited as state service for the purposes of this section, unless the former employer has paid or agreed to pay the state the amount actuarially determined to equal the cost for any employee dental benefits that were vested at the time that the function and the related personnel were assumed by the state, and the Department of Finance finds that the contract contains a benefit factor sufficient to reimburse the state for the amount necessary to fully compensate for the postretirement dental benefit costs of those personnel. For noncontracting public agencies, the state agency that has assumed the function shall certify the completed years of public agency service to be credited to the employee as state service credit under this section. (g) This section does not apply to employees of the California State University or the Legislature. (Amended by Stats. 2005, Ch. 328, Sec. 37. Effective January 1, 2006.)
  94. 22958.1.

    ## 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 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    Certain state employees lose the right to any employer contribution for annuitant dental care unless they have 15 or more years of state service at retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22958.1. (a) Notwithstanding Sections 22953, 22957, and 22958, the following employees shall not receive any portion of the employer contribution payable for annuitants unless the person is credited with 15 or more years of state service, as defined by this section, at the time of retirement: (1) A state employee, as defined by subdivision (c) of Section 3513, who is first employed by the state and becomes a state member of the system on or after January 1, 2017, and is represented by State Bargaining Unit 1, 2, 3, 4, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, or 21. (2) A state employee related to State Bargaining Unit 1, 2, 3, 4, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, or 21 who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 and is first employed by the state and becomes a state member of the system on or after January 1, 2017. (b) The percentage of the employer contribution payable for postretirement dental care benefits for an employee subject to this section shall be based on the funding provision of the plan and the completed years of credited state service at retirement as shown in the following table: Credited Years of Service Percentage of Employer Contribution 15 ........................ 50 16 ........................ 55 17 ........................ 60 18 ........................ 65 19 ........................ 70 20 ........................ 75 21 ........................ 80 22 ........................ 85 23 ........................ 90 24 ........................ 95 25 or more ........................ 100 (c) This section applies only to state employees that retire for service. For purposes of this section, “state service” means service rendered as an employee of the state or an appointed or elected officer of the state for compensation. (d) This section does not apply to: (1) Former state employees previously employed before January 1, 2017, who return to state employment on or after January 1, 2017. (2) State employees hired before January 1, 2017, who become subject to representation by State Bargaining Unit 1, 2, 3, 4, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, or 21 on or after January 1, 2017. (3) State employees on an approved leave of absence employed before January 1, 2017, who return to active employment on or after January 1, 2017. (4) State employees hired after January 1, 2017, who are first represented by a state bargaining unit other than Bargaining Unit 1, 2, 3, 4, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, or 21, who later become represented by State Bargaining Unit 1, 2, 3, 4, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, or 21. (e) In those cases in which the state has assumed from a public agency a function and the related personnel, service rendered by that personnel for compensation as employees or appointed or elected officers of that public agency shall not be credited as state service for the purposes of this section unless the former employer has paid or agreed to pay the state the amount actuarially determined to equal the cost for any employee dental benefits that were vested at the time that the function and the related personnel were assumed by the state, and the Department of Finance finds that the contract contains a benefit factor sufficient to reimburse the state for the amount necessary to fully compensate for the postretirement dental benefit costs of those personnel. For noncontracting public agencies, the state agency that has assumed the function shall certify the completed years of public agency service to be credited to the employee as state service credit under this section. (Amended by Stats. 2018, Ch. 92, Sec. 111. (SB 1289) Effective January 1, 2019.)
  95. 22958.1.5.

    ## 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 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    Some state employees in Bargaining Unit 16 or related categories lose employer annuitant contribution unless they have 15+ years of state service at retirement; the contribution percentage then scales with years of 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 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22958.1.5. (a) Notwithstanding Sections 22953, 22957, and 22958, the following employees shall not receive any portion of the employer contribution payable for annuitants unless the person is credited with 15 or more years of state service, as defined by this section, at the time of retirement: (1) A state employee, as defined by subdivision (c) of Section 3513, who is first employed by the state and becomes a state member of the system on or after April 1, 2017, and is represented by State Bargaining Unit 16. (2) A state employee related to State Bargaining Unit 16 who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 and is first employed by the state and becomes a state member of the system on or after April 1, 2017. (b) The percentage of the employer contribution payable for postretirement dental care benefits for an employee subject to this section shall be based on the funding provision of the plan and the completed years of credited state service at retirement as shown in the following table:Credited Years of ServicePercentage of Employer Contribution15 ........................ 5016. ........................ 5517 ........................ 6018 ........................ 6519 ........................ 7020 ........................ 7521 ........................ 8022 ........................ 8523 ........................ 9024 ........................ 9525 or more ........................ 100 (c) This section shall apply only to state employees who retire from service. For purposes of this section, “state service” means service rendered as an employee of the state or an appointed or elected officer of the state for compensation. (d) This section does not apply to: (1) Former state employees previously employed prior to April 1, 2017, who return to state employment on or after April 1, 2017. (2) State employees hired prior to April 1, 2017, who become subject to representation by State Bargaining Unit 16 on or after April 1, 2017. (3) State employees on an approved leave of absence employed before January 1, 2017, who return to active employment on or after April 1, 2017. (4) State employees hired after April 1, 2017, who are first represented by a state bargaining unit other than Bargaining Unit 16, who later become represented by State Bargaining Unit 16. (e) In those cases where the state has assumed from a public agency a function and the related personnel, service rendered by that personnel for compensation as employees or appointed or elected officers of that public agency may not be credited as state service for the purposes of this section unless the former employer has paid or agreed to pay the state the amount actuarially determined to equal the cost for any employee dental benefits that were vested at the time that the function and the related personnel were assumed by the state, and the Department of Finance finds that the contract contains a benefit factor sufficient to reimburse the state for the amount necessary to fully compensate for the postretirement dental benefit costs of those personnel. For noncontracting public agencies, the state agency that has assumed the function shall certify the completed years of public agency service to be credited to the employee as state service credit under this section. (Added by Stats. 2017, Ch. 6, Sec. 14. (SB 131) Effective April 28, 2017. Became operative on June 27, 2017, pursuant to Stats. 2017, Ch. 19, Sec. 26, which repealed Stats. 2017, Ch. 6, Sec. 15.)
  96. 22958.1.7.

    ## 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 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    Some state employees only receive the employer contribution for annuitants if they have at least 15 years of credited state service at retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22958.1.7. (a) Notwithstanding Sections 22953, 22957, and 22958, the following employees shall not receive any portion of the employer contribution payable for annuitants unless the person is credited with 15 or more years of state service, as defined by this section, at the time of retirement: (1) A state employee, as defined by subdivision (c) of Section 3513, who is first employed by the state and becomes a state member of the system on or after January 1, 2019, and is represented by State Bargaining Unit 9 or 10. (2) A state employee related to State Bargaining Unit 9 or 10 who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 and is first employed by the state and becomes a state member of the system on or after January 1, 2019. (b) The percentage of the employer contribution payable for postretirement dental care benefits for an employee subject to this section shall be based on the funding provision of the plan and the completed years of credited state service at retirement as shown in the following table:Credited Years of ServicePercentage of Employer Contribution15 ........................ 5016. ........................ 5517 ........................ 6018 ........................ 6519 ........................ 7020 ........................ 7521 ........................ 8022 ........................ 8523 ........................ 9024 ........................ 9525 or more ........................ 100 (c) This section shall apply only to state employees that retire for service. For purposes of this section, “state service” means service rendered as an employee of the state or an appointed or elected officer of the state for compensation. (d) This section does not apply to: (1) Former state employees previously employed prior to January 1, 2019, who return to state employment on or after January 1, 2019. (2) State employees hired prior to January 1, 2019, who become subject to representation by State Bargaining Unit 9 or 10 on or after January 1, 2019. (3) State employees on an approved leave of absence employed before January 1, 2019, who return to active employment on or after January 1, 2019. (4) State employees hired after January 1, 2019, who are first represented by a State Bargaining Unit other than Bargaining Unit 9 or 10, who later become represented by State Bargaining Unit 9 or 10. (e) In those cases where the state has assumed from a public agency a function and the related personnel, service rendered by that personnel for compensation as employees or appointed or elected officers of that public agency may not be credited as state service for the purposes of this section unless the former employer has paid or agreed to pay the state the amount actuarially determined to equal the cost for any employee dental benefits that were vested at the time that the function and the related personnel were assumed by the state, and the Department of Finance finds that the contract contains a benefit factor sufficient to reimburse the state for the amount necessary to fully compensate for the postretirement dental benefit costs of those personnel. For noncontracting public agencies, the state agency that has assumed the function shall certify the completed years of public agency service to be credited to the employee as state service credit under this section. (Added by Stats. 2018, Ch. 452, Sec. 14. (SB 873) Effective September 17, 2018.)
  97. 22958.2.

    ## 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 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    Some judicial branch employees lose access to the employer contribution for annuitants unless they have 15 years of state service at retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22958.2. (a) Notwithstanding Sections 22953, 22957, and 22958, a judicial branch employee who is first employed by the state and becomes a state member of the system on or after January 1, 2017, shall not receive any portion of the employer contribution payable for annuitants unless the person is credited with 15 years of state service at the time of retirement. (b) The percentage of the employer contribution payable for postretirement dental care benefits for an employee subject to this section shall be based on the funding provision of the plan and the completed years of credited state service at retirement as shown in the following table: Credited Years of Service Percentage of Employer Contribution 15 ........................ 50 16 ........................ 55 17 ........................ 60 18 ........................ 65 19 ........................ 70 20 ........................ 75 21 ........................ 80 22 ........................ 85 23 ........................ 90 24 ........................ 95 25 or more ........................ 100 (c) This section shall apply only to judicial branch employees who retire for service. For purposes of this section, “state service” means service rendered as an employee of the state or an appointed or elected officer of the state for compensation. (d) This section does not apply to any of the following: (1) Former state employees previously employed prior to January 1, 2017, who return to state employment on or after January 1, 2017. (2) State employees on an approved leave of absence employed before January 1, 2017, who return to active employment on or after January 1, 2017. (3) A judge who retires pursuant to Chapter 11 (commencing with Section 75000) or Chapter 11.5 (commencing with Section 75500) of Title 8. (Added by Stats. 2016, Ch. 35, Sec. 21. (SB 848) Effective June 27, 2016.)
  98. 22958.3.

    ## 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 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    Some California State University employees lose the annuitant employer contribution unless they have 10 years of credited state service at retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22958.3. (a) Notwithstanding Sections 22953 and 22957, the following employees of the California State University shall not receive any portion of the employer contribution payable for annuitants unless the person has 10 years of credited state service at the time of retirement: (1) An employee who is first employed by the California State University and becomes a member of the system on or after July 1, 2017, and is represented by California State University Bargaining Unit 3. (2) An employee in a nonrepresented employee group under Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 who is first employed by the California State University and becomes a member of the system on or after July 1, 2017. (b) This section shall apply only to employees of the California State University who retire for service. (c) This section shall become operative only if it is specifically adopted by action of the Trustees of the California State University or, if required, provided for in a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1. (Added by Stats. 2017, Ch. 23, Sec. 22. (SB 85) Effective June 27, 2017. Section conditionally operative as prescribed by its own provisions.)
  99. 22958.4.

    ## 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 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    Certain CSU employees hired on or after July 1, 2018 cannot receive any employer contribution for annuitants unless they have 10 years of credited state service at retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22958.4. (a) Notwithstanding Sections 22953 and 22957, an employee who is first employed by the California State University and becomes a member of the system on or after July 1, 2018, and is represented by California State University Bargaining Unit 1, 2, 4, 5, 6, 7, 9, or 10 shall not receive any portion of the employer contribution payable for annuitants unless the person has 10 years of credited state service at the time of retirement. (b) This section shall apply only to employees of the California State University who retire for service. (c) This section shall become operative only if it is specifically adopted by regulation of the Trustees of the California State University or, if required, provided for in a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1. (Added by Stats. 2018, Ch. 33, Sec. 59. (AB 1809) Effective June 27, 2018. Section conditionally operative as prescribed by its own provisions.)
  100. 22958.5.

    ## 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 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    Certain California State University employees may not receive any part of the employer contribution for annuitants unless they have 10 years of credited state service when they retire.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22958.5. (a) Notwithstanding Sections 22953 and 22957, an employee who is first employed by the California State University and becomes a member of the system on or after July 1, 2019, and is represented by California State University Bargaining Unit 11, shall not receive any portion of the employer contribution payable for annuitants unless the person has 10 years of credited state service at the time of retirement. (b) This section shall apply only to employees of the California State University who retire for service. (c) This section shall become operative only if it is specifically adopted by regulation of the Trustees of the California State University or, if required, provided for in a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1. (Added by Stats. 2019, Ch. 53, Sec. 30. (SB 77) Effective July 1, 2019. Section conditionally operative as prescribed by its own provisions.)
  101. 22959.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. )

    Verify source ↗

    Two California entities must administer the benefits provided by this part for their covered employees and annuitants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6. STATE EMPLOYEES' DENTAL CARE ACT [22950 - 22959] ( Part 6 repealed and added by Stats. 2004, Ch. 69, Sec. 25. ) ## 22959. The Department of Human Resources shall administer the benefits provided by this part for civil service employees and annuitants. The Trustees of the California State University shall administer the benefits provided by this part for employees and annuitants of the California State University. (Amended by Stats. 2012, Ch. 665, Sec. 159. (SB 1308) Effective January 1, 2013.)
  102. 22959.1.

    ## 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 6.1. VISION CARE PROGRAM FOR STATE ANNUITANTS [22959.1 - 22959.6] ( Part 6.1 added by Stats. 2006, Ch. 611, Sec. 1. )

    Verify source ↗

    This part may be cited as the Vision Care Program for State Annuitants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.1. VISION CARE PROGRAM FOR STATE ANNUITANTS [22959.1 - 22959.6] ( Part 6.1 added by Stats. 2006, Ch. 611, Sec. 1. ) ## 22959.1. This part shall be known and may be cited as the Vision Care Program for State Annuitants. The purpose of this part is to do all of the following: (a) Promote increased economy and efficiency in the provision of vision benefits to annuitants. (b) Enable the state to use economies of scale to provide a vision care plan similar to those commonly provided in private industry and in other states. (c) Recognize and protect the state’s investment in each permanent employee’s service by providing into retirement the option of a vision care program, and to promote and preserve continued good health among state annuitants. (Added by Stats. 2006, Ch. 611, Sec. 1. Effective January 1, 2007.)
  103. 22959.2.

    ## 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 6.1. VISION CARE PROGRAM FOR STATE ANNUITANTS [22959.1 - 22959.6] ( Part 6.1 added by Stats. 2006, Ch. 611, Sec. 1. )

    Verify source ↗

    The Department of Human Resources must administer the Vision Care Program for State Annuitants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.1. VISION CARE PROGRAM FOR STATE ANNUITANTS [22959.1 - 22959.6] ( Part 6.1 added by Stats. 2006, Ch. 611, Sec. 1. ) ## 22959.2. The Vision Care Program for State Annuitants shall be administered by the Department of Human Resources. (Amended by Stats. 2012, Ch. 665, Sec. 160. (SB 1308) Effective January 1, 2013.)
  104. 22959.3.

    ## 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 6.1. VISION CARE PROGRAM FOR STATE ANNUITANTS [22959.1 - 22959.6] ( Part 6.1 added by Stats. 2006, Ch. 611, Sec. 1. )

    Verify source ↗

    This section says the definitions from Article 2 of Part 5 apply to this part unless the part 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 6.1. VISION CARE PROGRAM FOR STATE ANNUITANTS [22959.1 - 22959.6] ( Part 6.1 added by Stats. 2006, Ch. 611, Sec. 1. ) ## 22959.3. Unless otherwise indicated, the definition of terms in Article 2 (commencing with Section 22760) of Part 5 apply to this part. (Added by Stats. 2006, Ch. 611, Sec. 1. Effective January 1, 2007.)
  105. 22959.4.

    ## 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 6.1. VISION CARE PROGRAM FOR STATE ANNUITANTS [22959.1 - 22959.6] ( Part 6.1 added by Stats. 2006, Ch. 611, Sec. 1. )

    Verify source ↗

    A retiring state annuitant may enroll in a vision care plan if one of the listed eligibility conditions is met. The Department of Human Resources has no duty to locate, notify, or share contact information for potentially eligible annuitants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.1. VISION CARE PROGRAM FOR STATE ANNUITANTS [22959.1 - 22959.6] ( Part 6.1 added by Stats. 2006, Ch. 611, Sec. 1. ) ## 22959.4. (a) An annuitant who retires from the state may enroll in a vision care plan offered under this part, if any of the following apply: (1) The annuitant was enrolled in a health benefit plan, a dental care plan, or vision care plan at the time of separation for retirement, and retired within 120 days of the date of separation. (2) The annuitant was not enrolled in a health benefit plan, a dental care plan, or vision care plan at the time of separation for retirement, but was eligible for enrollment as an employee at the time of separation for retirement, and retired within 120 days of the date of separation. (3) The annuitant is part of the Legislators’ Retirement System receiving an allowance pursuant to Article 6 (commencing with Section 9359) of Chapter 3.5 of Part 1 of Division 2. (b) The Department of Human Resources has no duty to locate or notify any annuitant who may be eligible to enroll, or to provide names or addresses to any person, agency, or entity for the purpose of notifying those annuitants. (Amended by Stats. 2012, Ch. 665, Sec. 161. (SB 1308) Effective January 1, 2013.)
  106. 22959.5.

    ## 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 6.1. VISION CARE PROGRAM FOR STATE ANNUITANTS [22959.1 - 22959.6] ( Part 6.1 added by Stats. 2006, Ch. 611, Sec. 1. )

    Verify source ↗

    Some annuitants may keep vision care enrollment for themselves and eligible family members, but CSU and UC annuitants may not join this program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.1. VISION CARE PROGRAM FOR STATE ANNUITANTS [22959.1 - 22959.6] ( Part 6.1 added by Stats. 2006, Ch. 611, Sec. 1. ) ## 22959.5. (a) A person who was enrolled in a vision care plan at the time he or she became an annuitant under state or federal provisions, may continue his or her enrollment, including eligible family members, without discrimination as to benefit coverage as an enrolled person within this program. An annuitant who is eligible for this program is a person who meets the requirements of Section 22959.4 and at the time of retirement was employed with the state as one of the following: (1) A civil service employee of the state. (2) An elected member of the Legislature. (3) A legislative employee. (4) A constitutional officer. (5) An employee of the judicial branch of state government. (b) Annuitants of the California State University and University of California systems may not participate in this program. (Added by Stats. 2006, Ch. 611, Sec. 1. Effective January 1, 2007.)
  107. 22959.6.

    ## 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 6.1. VISION CARE PROGRAM FOR STATE ANNUITANTS [22959.1 - 22959.6] ( Part 6.1 added by Stats. 2006, Ch. 611, Sec. 1. )

    Verify source ↗

    The Department of Human Resources may contract for vision care plans for annuitants and eligible family members, and it controls the program, premiums, fund handling, and related administration.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.1. VISION CARE PROGRAM FOR STATE ANNUITANTS [22959.1 - 22959.6] ( Part 6.1 added by Stats. 2006, Ch. 611, Sec. 1. ) ## 22959.6. (a) The Department of Human Resources may contract with one or more vision care plans for annuitants and eligible family members, provided the carrier or carriers have operated successfully in the area of vision care benefits for a reasonable period, as determined by the Department of Human Resources. (b) The Department of Human Resources, as the program administrator, has full administrative authority over this program and associated funds and shall require the monthly premium to be paid by the annuitant for the vision care plan. The premium to be paid by the annuitant shall be deducted from his or her monthly allowance. If there are insufficient funds in an annuitant’s allowance to pay the premium, the plan provider shall directly bill the annuitant. A vision care plan or plans provided under this authority shall be funded by the annuitant’s premium. All premiums received from annuitants shall be deposited in the Vision Care Program for State Annuitants Fund, which is hereby created in the State Treasury. Any income earned on the moneys in the Vision Care Program for State Annuitants Fund shall be credited to the fund. Notwithstanding Section 13340, moneys in the fund are continuously appropriated for the purposes specified in subdivision (d). (c) An annuitant may enroll in a vision care plan provided by a carrier that also provides a health benefit plan pursuant to Section 22850 if the employee or annuitant is also enrolled in the health benefit plan provided by that carrier. However, this section may not be construed to require an annuitant to enroll in a vision care plan and a health benefit plan provided by the same carrier. An annuitant enrolled in this program shall only enroll into a vision plan or vision plans contracted for by the Department of Human Resources. (d) A contract for a vision care plan may not be entered into unless the Department of Human Resources determines it is reasonable to do so. Notwithstanding any other provision of law, any premium moneys paid into this program by annuitants for the purposes of the annuitant vision care plan that is contracted for shall be used for the cost of providing vision care benefits to eligible, enrolled annuitants and their eligible and enrolled dependents, the payment of claims for those vision benefits, and the cost of administration of the vision care plan or plans under this vision care program, those costs being determined by the Department of Human Resources. (e) If the Director of Human Resources determines that it is not economically feasible to continue this program anytime after its commencement, the director may, upon written notice to enrollees and to the contracting plan or plans, terminate this program within a reasonable time. The notice of termination to the plan or plans shall be determined by the Department of Human Resources. The notice to enrollees of the termination of the program shall commence no later than three months prior to the actual date of termination of the program. (f) Premium rates for this program shall be determined by the Department of Human Resources in conjunction with the contracted plan or plans and shall be considered separate and apart from active employee premium rates. (Amended by Stats. 2013, Ch. 275, Sec. 6. (AB 1420) Effective January 1, 2014.)
  108. 22959.80.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.5. CALIFORNIA STATE UNIVERSITY ANNUITANT VISION CARE PROGRAM [22959.80 - 22959.86] ( Part 6.5 added by Stats. 2007, Ch. 344, Sec. 1. )

    Verify source ↗

    This section names the part the California State University Annuitant Vision Care Program and states its 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 6.5. CALIFORNIA STATE UNIVERSITY ANNUITANT VISION CARE PROGRAM [22959.80 - 22959.86] ( Part 6.5 added by Stats. 2007, Ch. 344, Sec. 1. ) ## 22959.80. This part shall be known and may be cited as the California State University Annuitant Vision Care Program. The purpose of this part is to do all of the following: (a) Promote increased economy and efficiency in providing vision benefits to California State University annuitants. (b) Enable the California State University to use economies of scale to provide a vision care plan similar to those commonly provided in private industry and in other states. (c) Recognize and protect the California State University’s investment in each employee by providing into retirement the option of a vision care program, and to promote and preserve continued good health among California State University annuitants. (Added by Stats. 2007, Ch. 344, Sec. 1. Effective January 1, 2008.)
  109. 22959.81.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.5. CALIFORNIA STATE UNIVERSITY ANNUITANT VISION CARE PROGRAM [22959.80 - 22959.86] ( Part 6.5 added by Stats. 2007, Ch. 344, Sec. 1. )

    Verify source ↗

    The Office of the Chancellor of the California State University must administer the California State University Annuitant Vision Care Program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.5. CALIFORNIA STATE UNIVERSITY ANNUITANT VISION CARE PROGRAM [22959.80 - 22959.86] ( Part 6.5 added by Stats. 2007, Ch. 344, Sec. 1. ) ## 22959.81. The California State University Annuitant Vision Care Program shall be administered by the Office of the Chancellor of the California State University. (Added by Stats. 2007, Ch. 344, Sec. 1. Effective January 1, 2008.)
  110. 22959.82.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.5. CALIFORNIA STATE UNIVERSITY ANNUITANT VISION CARE PROGRAM [22959.80 - 22959.86] ( Part 6.5 added by Stats. 2007, Ch. 344, Sec. 1. )

    Verify source ↗

    This section defines who counts as an “annuitant” for the California State University annuitant vision care program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.5. CALIFORNIA STATE UNIVERSITY ANNUITANT VISION CARE PROGRAM [22959.80 - 22959.86] ( Part 6.5 added by Stats. 2007, Ch. 344, Sec. 1. ) ## 22959.82. “Annuitant” means any of the following: (a) A person who has retired within 120 days of separation from California State University employment and who receives a retirement allowance under any state retirement or University of California retirement system to which the California State University 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 California State University employee under Section 21541 or 21546. (c) A person receiving a survivor allowance pursuant to Article 3 (commencing with Section 21570) of Chapter 14 of Part 3 if he or she was eligible to enroll in a health benefit plan on the date of the California State University employee member’s death, on whose account the survivor allowance is payable. (d) A family member of a deceased retired member of the State Teachers’ Retirement Plan, if the deceased member meets both of the following conditions: (1) Retired within 120 days of separation from California State University employment. (2) Prior to his or her death, received a retirement allowance that did not provide for a survivor allowance to family members. (Added by Stats. 2007, Ch. 344, Sec. 1. Effective January 1, 2008.)
  111. 22959.83.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.5. CALIFORNIA STATE UNIVERSITY ANNUITANT VISION CARE PROGRAM [22959.80 - 22959.86] ( Part 6.5 added by Stats. 2007, Ch. 344, Sec. 1. )

    Verify source ↗

    Eligible CSU annuitants may enroll in a vision care plan, and the CSU must keep related information 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 6.5. CALIFORNIA STATE UNIVERSITY ANNUITANT VISION CARE PROGRAM [22959.80 - 22959.86] ( Part 6.5 added by Stats. 2007, Ch. 344, Sec. 1. ) ## 22959.83. (a) An annuitant who retires from a California State University campus or the office of the chancellor may enroll in a vision care plan offered under this part, if any of the following apply: (1) The annuitant was enrolled in a health benefit plan, a dental care plan, or vision care plan at the time of separation for retirement, and retired within 120 days of the date of separation. (2) The annuitant was not enrolled in a health benefit plan, a dental care plan, or vision care plan at the time of separation for retirement, but was eligible for enrollment as an employee at the time of separation for retirement, and retired within 120 days of the date of separation. (b) The California State University has no duty to locate or notify any annuitant who may be eligible to enroll, or to provide names or addresses to any person, agency, or entity for the purpose of notifying annuitants. (c) Notwithstanding any other law, the Board of Administration of the Public Employees’ Retirement System shall assist the California State University upon request by providing retiree names and addresses to the California State University solely for the purpose of notifying retirees of eligibility for enrollment into a vision care plan offered by the California State University under this part. Any information provided to the California State University for this purpose shall be treated as confidential by the California State University. (Amended by Stats. 2020, Ch. 25, Sec. 19. (SB 116) Effective June 29, 2020.)
  112. 22959.84.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.5. CALIFORNIA STATE UNIVERSITY ANNUITANT VISION CARE PROGRAM [22959.80 - 22959.86] ( Part 6.5 added by Stats. 2007, Ch. 344, Sec. 1. )

    Verify source ↗

    A qualifying California State University employee or annuitant may keep vision care plan enrollment, including eligible family members, if the person was enrolled when becoming an annuitant and meets the program’s 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 6.5. CALIFORNIA STATE UNIVERSITY ANNUITANT VISION CARE PROGRAM [22959.80 - 22959.86] ( Part 6.5 added by Stats. 2007, Ch. 344, Sec. 1. ) ## 22959.84. A California State University employee who was enrolled in a vision care plan at the time he or she became an annuitant under state or federal provisions may continue his or her enrollment, including eligible family members, without discrimination as to benefit coverage, as an enrolled person within this program. An annuitant who is eligible for this program is a person who meets the requirements of Section 22959.83 and at the time of retirement was employed by a California State University campus or the office of the chancellor. (Added by Stats. 2007, Ch. 344, Sec. 1. Effective January 1, 2008.)
  113. 22959.85.

    ## 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 6.5. CALIFORNIA STATE UNIVERSITY ANNUITANT VISION CARE PROGRAM [22959.80 - 22959.86] ( Part 6.5 added by Stats. 2007, Ch. 344, Sec. 1. )

    Verify source ↗

    California State University may run an annuitant vision care program, but it controls contracting, premiums, deposits, and termination notice 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 6.5. CALIFORNIA STATE UNIVERSITY ANNUITANT VISION CARE PROGRAM [22959.80 - 22959.86] ( Part 6.5 added by Stats. 2007, Ch. 344, Sec. 1. ) ## 22959.85. (a) The California State University may contract with one or more vision care plans for annuitants and eligible family members if the carrier or carriers have operated successfully in the area of vision care benefits for a reasonable period, as determined by the California State University. (b) The California State University, as the program administrator, has full administrative authority over this program and associated funds and shall require the monthly premium to be paid by the annuitant for the vision care plan. The premium to be paid by the annuitant shall be deducted from his or her monthly retirement allowance. A vision care plan or plans provided under this authority shall be funded by the annuitants’ premiums. All premiums received from annuitants shall be deposited in the California State University Annuitant Vision Care Program trust account, which is hereby created. Any income earned on the moneys in the California State University Annuitant Vision Care Program trust account shall be credited to the trust account. (c) An annuitant may enroll in a vision care plan provided by a carrier that also provides a health benefit plan pursuant to Section 22850 if the employee or annuitant is also enrolled in the health benefit plan provided by that carrier. However, nothing in this section may be construed to require an annuitant to enroll in a vision care plan and a health benefit plan provided by the same carrier. An annuitant enrolled in this program shall only enroll in a vision plan or vision plans contracted for by the California State University. (d) No contract for a vision care plan may be entered into unless the California State University determines it is reasonable to do so. Notwithstanding any other provision of law, any premium moneys paid into this program by annuitants for the purposes of a vision care plan shall be used for the cost of providing vision care benefits to eligible, enrolled annuitants and their eligible and enrolled dependents, the payment of claims for those vision benefits, and the cost of administration of the vision care plan or plans under this vision care program, including startup costs, as determined by the California State University. (e) If the California State University determines that it is not economically feasible to continue this program any time after its commencement, the California State University may, upon written notice to enrollees and to the contracting plan or plans, terminate this program within a reasonable time. The notice of termination to the plan or plans shall be determined by the California State University. The notice to enrollees of the termination of the program shall commence no later than three months prior to the actual date of termination of the program. The California State University shall notify the Legislature of a decision to terminate the program. (f) Premium rates for this program shall be determined by the California State University in conjunction with the contracted plan or plans and shall be considered separate and apart from active employee premium rates. (Added by Stats. 2007, Ch. 344, Sec. 1. Effective January 1, 2008.)
  114. 22959.86.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.5. CALIFORNIA STATE UNIVERSITY ANNUITANT VISION CARE PROGRAM [22959.80 - 22959.86] ( Part 6.5 added by Stats. 2007, Ch. 344, Sec. 1. )

    Verify source ↗

    California State University must implement the California State University Annuitant Vision Care Program on or after July 1, 2008.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.5. CALIFORNIA STATE UNIVERSITY ANNUITANT VISION CARE PROGRAM [22959.80 - 22959.86] ( Part 6.5 added by Stats. 2007, Ch. 344, Sec. 1. ) ## 22959.86. On or after July 1, 2008, the California State University shall implement the California State University Annuitant Vision Care Program. (Added by Stats. 2007, Ch. 344, Sec. 1. Effective January 1, 2008.)
  115. 22959.90.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.7. RETIRED PUBLIC EMPLOYEES VISION CARE PROGRAM [22959.90 - 22959.97] ( Part 6.7 added by Stats. 2009, Ch. 265, Sec. 1. )

    Verify source ↗

    This section names the part the Retired Public Employees Vision Care Program and states its 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 6.7. RETIRED PUBLIC EMPLOYEES VISION CARE PROGRAM [22959.90 - 22959.97] ( Part 6.7 added by Stats. 2009, Ch. 265, Sec. 1. ) ## 22959.90. This part shall be known and may be cited as the Retired Public Employees Vision Care Program. The purpose of this part is to do all of the following: (a) Promote increased economy and efficiency in the provision of vision care benefits to retired members of public agencies, schools, and the university system. (b) Enable the public agencies, schools, and the university system, when those entities provide retirement benefits to their annuitants through the Public Employees’ Retirement System, to use economies of scale to provide a vision care plan for their employees that is similar to those commonly provided to State of California employees, annuitants, and private industry, and as may be provided in other states. (c) Promote and preserve continued good health among members of public agencies, schools, and the university system. (Added by Stats. 2009, Ch. 265, Sec. 1. (AB 65) Effective January 1, 2010.)
  116. 22959.91.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.7. RETIRED PUBLIC EMPLOYEES VISION CARE PROGRAM [22959.90 - 22959.97] ( Part 6.7 added by Stats. 2009, Ch. 265, Sec. 1. )

    Verify source ↗

    The program must be administered by the board or its designees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.7. RETIRED PUBLIC EMPLOYEES VISION CARE PROGRAM [22959.90 - 22959.97] ( Part 6.7 added by Stats. 2009, Ch. 265, Sec. 1. ) ## 22959.91. The Retired Public Employees Vision Care Program shall be administered by the board or its designees. (Added by Stats. 2009, Ch. 265, Sec. 1. (AB 65) Effective January 1, 2010.)
  117. 22959.92.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.7. RETIRED PUBLIC EMPLOYEES VISION CARE PROGRAM [22959.90 - 22959.97] ( Part 6.7 added by Stats. 2009, Ch. 265, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the retired public employees vision care program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.7. RETIRED PUBLIC EMPLOYEES VISION CARE PROGRAM [22959.90 - 22959.97] ( Part 6.7 added by Stats. 2009, Ch. 265, Sec. 1. ) ## 22959.92. For purposes of this part, the following definitions apply: (a) “Annuitant” means any of the following: (1) A person who has retired from an employer described in subdivision (c) and receives a retirement allowance from the Public Employees’ Retirement System. (2) A surviving family member receiving an allowance in place of an annuitant who has retired as provided in paragraph (1), or as the survivor of a deceased employee under Section 21541, 21546, or 21547.7. (b) “Board” means the Board of Administration of the Public Employees’ Retirement System. (c) “Employer” means an employer described in Section 20022, 20063, or 20071. (d) “Family member” means any of the following: (1) An annuitant’s spouse or domestic partner. (2) Any unmarried child, including an adopted child, a stepchild, or recognized natural child under 23 years of age who is economically dependent upon the annuitant, when there exists a parent-child relationship with the annuitant. (3) An unmarried child who at the time of attaining 23 years of age is incapable of self-support because of physical or mental disability that existed continuously from a date prior to attainment of 23 years of age, and who continues in family member status until termination of that status. (Added by Stats. 2009, Ch. 265, Sec. 1. (AB 65) Effective January 1, 2010.)
  118. 22959.93.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.7. RETIRED PUBLIC EMPLOYEES VISION CARE PROGRAM [22959.90 - 22959.97] ( Part 6.7 added by Stats. 2009, Ch. 265, Sec. 1. )

    Verify source ↗

    An annuitant or eligible family member may enroll in a vision care plan under this part. The board has no duty to find, notify, or share contact information for potentially eligible annuitants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.7. RETIRED PUBLIC EMPLOYEES VISION CARE PROGRAM [22959.90 - 22959.97] ( Part 6.7 added by Stats. 2009, Ch. 265, Sec. 1. ) ## 22959.93. (a) An annuitant or eligible family member may enroll in a vision care plan offered under this part. (b) The board has no duty to locate or notify any annuitant who may be eligible to enroll, or to provide names or addresses to any person, agency, or entity for the purpose of notifying any annuitant. (Added by Stats. 2009, Ch. 265, Sec. 1. (AB 65) Effective January 1, 2010.)
  119. 22959.96.

    ## 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 6.7. RETIRED PUBLIC EMPLOYEES VISION CARE PROGRAM [22959.90 - 22959.97] ( Part 6.7 added by Stats. 2009, Ch. 265, Sec. 1. )

    Verify source ↗

    The board may contract for vision care plans for annuitants and eligible family members, and it controls the program, its funds, and premium rates.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.7. RETIRED PUBLIC EMPLOYEES VISION CARE PROGRAM [22959.90 - 22959.97] ( Part 6.7 added by Stats. 2009, Ch. 265, Sec. 1. ) ## 22959.96. (a) The board may, without compliance with any provisions of law relating to competitive bidding, contract with one or more vision care plans for annuitants and eligible family members, provided each vision care plan carrier has operated successfully in the area of vision care benefits for a reasonable period, as determined by the board. (b) The board, as the program administrator, has full administrative authority over this program and associated funds and shall require the monthly premium to be paid by the annuitant for the vision care plan. The premium to be paid by the annuitant may be deducted from his or her monthly allowance. If the annuitant’s monthly allowance is insufficient to cover the full premium, the annuitant shall be responsible for paying the required balance directly to the vision care plan carrier. (c) A vision care plan or plans provided under this authority shall be funded by the annuitant’s premium. All premiums received from annuitants shall be deposited in the Retired Public Employees Vision Care Program Fund, which is hereby created in the State Treasury. Any income earned on the moneys in the Retired Public Employees Vision Care Program Fund shall be credited to the fund. Notwithstanding Section 13340 of the Government Code, moneys in the fund are hereby continuously appropriated for the purposes specified in subdivision (d). (d) The board shall have the exclusive control of the administration and investment of the Retired Public Employees Vision Care Program Fund. (e) An annuitant may enroll in a vision care plan provided by a carrier that also provides a health benefit plan if the annuitant is also enrolled in the health benefit plan provided by that carrier. However, nothing in this section may be construed to require an annuitant to enroll in a vision care plan and a health benefit plan provided by the same carrier. An annuitant enrolled in this program shall only enroll in a vision plan or plans contracted for by the board. (f) No contract for a vision care plan may be entered into unless the board determines it is reasonable to do so, and any contract shall take effect only if funds have been made available to cover the startup costs of the program. Notwithstanding any other provision of law, any premium moneys paid into this program by annuitants for the purposes of the member vision care plan that is contracted for shall be used for the cost of providing vision care benefits to eligible, enrolled annuitants and their eligible and enrolled dependents, the payment of claims for those vision benefits, the cost of administration of the vision care plan or plans under this vision care program, and any reasonable cost or expense incurred by the board in connection with the startup of the program, those costs being determined by the board. (g) If the board determines that it is not economically feasible to continue this program at any time after its commencement, the board may, upon written notice to enrollees and to the contracting plan or plans, terminate this program within a reasonable time. The notice of termination to the plan or plans shall be determined by the board. The notice to enrollees of the termination of the program shall commence no later than three months prior to the actual date of termination of the program. (h) Premium rates for this program shall be determined by the board in conjunction with the contracted plan or plans and shall be considered separate from any active employee premium rates. (Added by Stats. 2009, Ch. 265, Sec. 1. (AB 65) Effective January 1, 2010.)
  120. 22959.97.

    ## 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 6.7. RETIRED PUBLIC EMPLOYEES VISION CARE PROGRAM [22959.90 - 22959.97] ( Part 6.7 added by Stats. 2009, Ch. 265, Sec. 1. )

    Verify source ↗

    The board must implement the Retired Public Employees Vision Care Program by January 1, 2011.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 6.7. RETIRED PUBLIC EMPLOYEES VISION CARE PROGRAM [22959.90 - 22959.97] ( Part 6.7 added by Stats. 2009, Ch. 265, Sec. 1. ) ## 22959.97. On or before January 1, 2011, the board shall implement the Retired Public Employees Vision Care Program. (Added by Stats. 2009, Ch. 265, Sec. 1. (AB 65) Effective January 1, 2010.)
  121. 22960.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 1. General Provisions [22960 - 22960.4] ( Chapter 1 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section establishes the State Peace Officers’ and Firefighters’ Defined Contribution Plan and says it may also cover some additional peace officers or firefighters if the stated conditions are met and the Department of Human Resources approves inclusion.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 1. General Provisions [22960 - 22960.4] ( Chapter 1 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960. (a) The State Peace Officers’ and Firefighters’ Defined Contribution Plan is hereby established for state peace officer and firefighter members in Bargaining Unit 6 who have become subject to this part by memorandum of understanding, as provided by Section 3517.5. (b) The plan may also be provided to state peace officers or firefighters who are either excluded from the definition of state employee in subdivision (c) of Section 3513, or are nonelected officers or employees of the executive branch of government and are not members of the civil service, and who supervise employees in a bargaining unit that is subject to this part, provided that the Department of Human Resources has approved their inclusion for coverage under this part. (Amended by Stats. 2012, Ch. 665, Sec. 163. (SB 1308) Effective January 1, 2013.)
  122. 22960.05.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 1. General Provisions [22960 - 22960.4] ( Chapter 1 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The plan is intended to be treated as a governmental plan and to meet the federal tax requirements that apply 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 1. General Provisions [22960 - 22960.4] ( Chapter 1 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.05. The plan is intended to constitute a governmental plan as defined by Section 414(d) of the Internal Revenue Code (26 U.S.C. Sec. 414(d)) and, as such, the plan and all benefits payable thereunder are intended to satisfy all requirements of Section 401(a) of the Internal Revenue Code (26 U.S.C. Sec. 401(a)) that apply to the plan. (Added by Stats. 2014, Ch. 790, Sec. 2. (AB 611) Effective September 29, 2014.)
  123. 22960.1.

    ## 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 1. General Provisions [22960 - 22960.4] ( Chapter 1 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The State Peace Officers’ and Firefighters’ Defined Contribution Plan must supplement the benefits provided under Part 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 1. General Provisions [22960 - 22960.4] ( Chapter 1 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.1. The State Peace Officers’ and Firefighters’ Defined Contribution Plan shall supplement the benefits provided under Part 3 (commencing with Section 20000). (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  124. 22960.10.

    ## 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    “Account” is defined as the participant’s account holding the aggregate of specified credited amounts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.10. “Account” means the account maintained with respect to the participant which reflects that aggregate value of the following amounts credited to the participant: (a) Employee contributions to the plan. (b) Employer contributions to the plan on behalf of the participant. (c) Net earnings of the State Peace Officers’ and Firefighters’ Defined Contribution Plan Fund allocable to the participant. (d) Any amount credited to the participant’s account by reason of a transfer from another qualified plan in accordance with applicable federal tax laws. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  125. 22960.11.

    ## 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    “Beneficiary” means a person designated by the participant, or otherwise entitled by statute, to receive distributions from the participant’s account after the participant dies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.11. “Beneficiary” means any person or persons designated by the participant pursuant to this part, or otherwise entitled by statute, to receive distributions from the participant’s account upon the death of the participant. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  126. 22960.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    “Board” means the Board of Administration of 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.12. “Board” means the Board of Administration of the California Public Employees’ Retirement System. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  127. 22960.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section defines “compensation” for the plan as an employee’s total W-2-reportable pay for a plan year, including certain employer-picked-up contributions and salary deductions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.13. “Compensation” means the total amount paid to an employee for a plan year as required to be reported on the employee’s Internal Revenue Service form W-2 for income tax withholding purposes. This amount shall include employee contributions picked up by the employer under Section 414(h)(2) of Title 26 of the United States Code; and any amounts deducted by the employer from the participant’s salary, including deductions for tax-deferred retirement plans or insurance programs; deductions for participation in an eligible deferred compensation plan within the meaning of Section 457 of Title 26 of the United States Code; and deductions for participation in a plan that meets the requirements of Section 125 or 401(k) of Title 26 of the United States Code. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  128. 22960.14.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    “Disability” is defined as a disability determined by the board under Section 21156.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.14. “Disability” means a disability as determined by the board pursuant to Section 21156. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  129. 22960.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section defines “eligible employee” as a person employed by the state whose pay comes from funds directly controlled by the state and who is covered by the plan under Section 22960.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.15. “Eligible employee” means any person employed by the state, whose compensation is paid out of funds directly controlled by the state, and who is subject to coverage by the plan pursuant to the provisions of Section 22960. (Amended by Stats. 2009, Ch. 130, Sec. 34. (AB 966) Effective January 1, 2010.)
  130. 22960.16.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section defines “employee contribution” as the amount the employer withholds from a participant’s compensation for the participant’s account in the 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.16. “Employee contribution” means the amount withheld from the participant’s compensation by the employer as a contribution to the participant’s account in the plan. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  131. 22960.17.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section defines “employee contribution rate” as the percentage of a participant’s compensation that the employer withholds as an employee contribution to the 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.17. “Employee contribution rate” means the percentage of the participant’s compensation to be withheld by the employer as an employee contribution to the plan. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  132. 22960.18.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    “Employer” means the State 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.18. “Employer” means the State of California. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  133. 22960.19.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section defines “employer contribution” as the amount the employer contributes to a participant’s account in the 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.19. “Employer contribution” means the amount contributed by the employer to the participant’s account in the plan. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  134. 22960.2.

    ## 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 1. General Provisions [22960 - 22960.4] ( Chapter 1 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The plan is treated as a qualified money purchase pension plan, and its design and administration must follow applicable federal tax law and the California Revenue and Taxation 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 1. General Provisions [22960 - 22960.4] ( Chapter 1 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.2. (a) The State Peace Officers’ and Firefighters’ Defined Contribution Plan is a qualified money purchase pension plan under Section 401(a) of Title 26 of the United States Code. (b) The design and administration of the State Peace Officers’ and Firefighters’ Defined Contribution Plan shall conform with the applicable provisions of Title 26 of the United States Code and the Revenue and Taxation Code. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  135. 22960.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section defines “employer contribution rate” as the percentage of a participant’s compensation that the employer contributes to the participant’s account in the 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.20. “Employer contribution rate” means the percentage of the participant’s compensation to be contributed by the employer to the participant’s account in the plan. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  136. 22960.21.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    “Fund” means the State Peace Officers’ and Firefighters’ defined Contribution Plan Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.21. “Fund” means the State Peace Officers’ and Firefighters’ defined Contribution Plan Fund. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  137. 22960.22.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section defines “net earnings” for the plan fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.22. “Net earnings” means the income earned, or losses incurred, on the State Peace Officers’ and Firefighters’ Defined Contribution Plan Fund, less the costs of administering the plan. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  138. 22960.23.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section defines “normal retirement age” as age 50 under the 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.23. “Normal retirement age” means the age at which the participant is eligible for a retirement benefit without special qualifications and is the age of 50 years under this plan. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  139. 22960.24.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    “Participant” means an employee covered by the plan who has contributions credited under 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.24. “Participant” means an employee who is subject to coverage by the plan, and who has contributions credited under the plan. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  140. 22960.25.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section defines “Plan” as the State Peace Officers’ and Firefighters’ Defined Contribution 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.25. “Plan” means the State Peace Officers’ and Firefighters’ Defined Contribution Plan. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  141. 22960.26.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    “Plan year” means the 12-month period from January 1 through December 31.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.26. “Plan year” means the 12-month period commencing on any January 1 and ending on the following December 31. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  142. 22960.27.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    “Retirement” means ending all employment with the employer and meeting all conditions needed to receive a retirement distribution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.27. “Retirement” means termination of all employment for the employer and completion of all conditions precedent to receiving a distribution for retirement. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  143. 22960.28.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    “Spouse” means the person married to the participant on certain plan-related dates.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.28. “Spouse” means the person married to the participant on the date the participant files a beneficiary designation, or an application for a distribution from the plan, or on the date of the participant’s death. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  144. 22960.29.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section defines “State peace officers and firefighters” by reference to another statutory definition.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.29. “State peace officers and firefighters” means those persons included in the definition of “state peace officer/firefighter member” pursuant to Article 3 (commencing with Section 20390) of Chapter 4 of Part 3. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  145. 22960.3.

    ## 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 1. General Provisions [22960 - 22960.4] ( Chapter 1 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    If part of this law is held invalid, the rest still applies if it can work without the invalid 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 1. General Provisions [22960 - 22960.4] ( Chapter 1 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.3. If any provision of this part or application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part are severable. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  146. 22960.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section defines “System” to mean 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.30. “System” means the Public Employees’ Retirement System. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  147. 22960.31.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section defines “termination” as ending employment because the person is separated from all service for the 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.31. “Termination” means termination of employment by reason of separation from all service for the employer. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  148. 22960.32.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section defines “valuation date” as the date when the fund’s assets are valued.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 2. Definitions [22960.10 - 22960.32] ( Chapter 2 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.32. “Valuation date” means the date as of which the assets of the fund are valued. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  149. 22960.35.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 3. Administration of the Plan [22960.35 - 22960.40] ( Chapter 3 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The board administers the plan, may hire a third-party administrator, and must notify the Department of Human Resources when it is ready to implement the 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 3. Administration of the Plan [22960.35 - 22960.40] ( Chapter 3 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.35. (a) Except as provided in this part, the plan shall be administered by the board in conformity with its powers and duties for administration of the system as set forth in Part 3 (commencing with Section 20000). The board shall, to the extent that it determines feasible, follow the procedures set forth in Article 7 (commencing with Section 20220) of Chapter 2 of Part 3. (b) The board may retain a third-party administrator to perform recordkeeping, customer service or other plan administration services. (c) The board shall notify the Department of Human Resources when it is prepared to implement the plan. (Amended by Stats. 2012, Ch. 665, Sec. 164. (SB 1308) Effective January 1, 2013.)
  150. 22960.36.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 3. Administration of the Plan [22960.35 - 22960.40] ( Chapter 3 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The board must adopt a trust instrument for the plan, may amend the plan when necessary, and must give reasonable notice to each participant if the plan is amended.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 3. Administration of the Plan [22960.35 - 22960.40] ( Chapter 3 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.36. (a) The board shall adopt a trust instrument embodying the material terms and conditions of the plan consistent with this part and the applicable provisions of Title 26 of the United States Code. (b) The board may, as it deems necessary, amend the plan consistent with this part and the applicable provisions of Title 26 of the United States Code. (c) The board shall provide reasonable notice to each plan participant of any plan amendment. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  151. 22960.37.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 3. Administration of the Plan [22960.35 - 22960.40] ( Chapter 3 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    System officers and employees must administer the plan in the participants’ and beneficiaries’ interest, follow consistent plan documents, use the plan money only for benefits and reasonable administration costs, and invest prudently.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 3. Administration of the Plan [22960.35 - 22960.40] ( Chapter 3 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.37. In administering the plan, the officers and employees of the system shall discharge their duties with respect to the plan solely in the interest of the participants and beneficiaries: (a) In accordance with the documents and instruments governing the plan insofar as those documents and instruments are consistent with this part. (b) For the exclusive purpose of both of the following: (1) Providing benefits to participants and their beneficiaries. (2) Defraying reasonable expenses of administering the plan. (c) By investing with the care, skill, prudence, and diligency under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  152. 22960.38.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 3. Administration of the Plan [22960.35 - 22960.40] ( Chapter 3 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The board must not engage in any transaction prohibited by Section 503(b) of Title 26 for the 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 3. Administration of the Plan [22960.35 - 22960.40] ( Chapter 3 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.38. With regard to the plan, the board shall not engage in any transaction prohibited by Section 503(b) of Title 26 of the United States Code. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  153. 22960.39.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 3. Administration of the Plan [22960.35 - 22960.40] ( Chapter 3 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The board may require certain contracted or appointed service providers to follow the duties in Section 22960.37.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 3. Administration of the Plan [22960.35 - 22960.40] ( Chapter 3 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.39. The board may require a third-party administrator, recordkeeper, custodian, or investment manager that is contracted with, or appointed by the system, to be subject to the duties set forth in Section 22960.37. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  154. 22960.4.

    ## 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 1. General Provisions [22960 - 22960.4] ( Chapter 1 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The plan is to be terminated, contributions stopped, and new participants barred from joining, subject to IRS 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 1. General Provisions [22960 - 22960.4] ( Chapter 1 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.4. (a) The Legislature finds and declares that an agreement between the exclusive representative of state peace officer and firefighter members in State Bargaining Unit 6 and the employer has eliminated the employer contributions to the plan provided in Section 22960.60. (b) The following shall occur: (1) All contributions to the plan shall cease. (2) New participants shall be prohibited from participating in the plan. (3) The plan shall be terminated effective June 1, 2014, subject to obtaining appropriate approvals from the Internal Revenue Service, including a favorable determination letter on plan termination from the Internal Revenue Service. (4) Subject to paragraph (3), all moneys in the fund shall be distributed in accordance with this part and federal law. If not elected otherwise, amounts that become payable from the fund under this section shall be rolled over under Section 401(a)(31) of Title 26 of the United States Code to the Supplemental Contributions Program established in accordance with Section 22970. (Amended by Stats. 2014, Ch. 790, Sec. 1. (AB 611) Effective September 29, 2014.)
  155. 22960.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 3. Administration of the Plan [22960.35 - 22960.40] ( Chapter 3 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    Participant and beneficiary data filed with the board is confidential, and officials or employees with access may not divulge individual records except to specified recipients.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 3. Administration of the Plan [22960.35 - 22960.40] ( Chapter 3 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.40. Data filed by any participant or beneficiary with the board is confidential, and no individual record shall be divulged by any official or employee having access to that data to any person other than the participant to whom the information relates or his or her authorized representative, employer, or any state department or agency. The information shall be used by the board for the sole purpose of carrying into effect the provisions of this part. Any information that is requested for retirement purposes by any public agency shall be treated as confidential by the agency. (a) The board may seek reimbursement for reasonable administrative expenses incurred when providing that information. Except as provided by this section, no participant’s or beneficiary’s address, home telephone number, or other personal information shall be released. (b) For purposes of this section, “authorized representative” includes the spouse or beneficiary of a participant when no contrary appointment has been made and when, in the opinion of the board, the participant is prevented from appointing an authorized representative because of mental or physical incapacity or death. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  156. 22960.45.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The Fund is established as a special trust fund in the State Treasury to receive participant and employer 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.45. The State Peace Officers’ and Firefighters’ Defined Contribution Plan Fund is hereby established as a special trust fund in the State Treasury to accept participant and employer contributions to the plan. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  157. 22960.46.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The board has exclusive control over investment of the fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.46. The board shall have exclusive control of the investment of the fund. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  158. 22960.47.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The board may hire a bank or trust company as a custodian for the fund 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.47. Notwithstanding any other provision of law, the board may retain a bank or trust company to serve as a custodian for safekeeping, recordkeeping, delivery, securities valuation, investment performance reporting, or other services in connection with investment and administration of the fund. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  159. 22960.48.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    Money in the fund is continuously appropriated to the board for the purposes of 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.48. Notwithstanding Section 13340, all moneys in the fund are continuously appropriated, without regard to fiscal years or plan years, to the board to carry out the purposes of this part. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  160. 22960.49.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    All plan costs are charged against the plan participants' accounts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.49. All costs of the plan shall be charged against the plan participants accounts. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  161. 22960.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The fund’s assets must be valued every year, and the board may require more frequent valuations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.50. The assets of the fund shall be valued annually, and may be valued more frequently as prescribed by the board. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  162. 22960.51.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    Fund assets may not revert to the employer until all plan liabilities are fully satisfied.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.51. No part of the assets of the fund may revert to the employer until all liabilities of the plan have been fully satisfied. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  163. 22960.52.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    Trust assets must be used only for members’ or beneficiaries’ exclusive benefit, with limited exceptions for permitted reversion.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 4. The Fund [22960.45 - 22960.52] ( Chapter 4 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.52. Consistent with the requirements of Section 401(a)(2) of the Internal Revenue Code (26 U.S.C. Sec. 401(a)(2)), the corpus or income of the plan’s trust shall not be diverted to, or used for, purposes other than the exclusive benefit of the members or their beneficiaries nor shall there be a reversion of trust funds except as permitted by Revenue Ruling 91-4, 1991-1 C.B. 57, by the Internal Revenue Service. (Added by renumbering Section 22960.51 (as added by Stats. 2014, Ch. 790, Sec. 3) by Stats. 2015, Ch. 303, Sec. 222. (AB 731) Effective January 1, 2016.)
  164. 22960.55.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 5. Eligibility [22960.55- 22960.55.] ( Chapter 5 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    Eligible employees become participants in the plan either on the plan’s effective date or, if they become eligible later, on the first day of covered 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 5. Eligibility [22960.55- 22960.55.] ( Chapter 5 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.55. (a) Any person who is an eligible employee on the effective date of the plan, as set forth in the memorandum of understanding, shall become a participant on the effective date of the plan. (b) Any person who becomes an eligible employee after the effective date of the plan shall become a participant on the first day of covered employment. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  165. 22960.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 6. Contributions [22960.60 - 22960.63] ( Chapter 6 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The employer must give the board a true and correct copy of each applicable MOU, and the board must amend the plan to match contribution rates in the MOU unless subdivision (e) applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 6. Contributions [22960.60 - 22960.63] ( Chapter 6 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.60. (a) Employer and employee contribution rates may be determined by the terms of the memorandum of understanding applicable to each plan participant and the employer in accordance with the requirements of this section. (b) Through the Department of Human Resources, the employer shall provide the board with a true and correct copy of each memorandum of understanding applicable to plan participants. The board may prescribe procedures for the orderly transmittal and receipt of these documents. (c) Except as provided in subdivision (e), after receipt of an applicable memorandum of understanding that sets forth an employer contribution rate and any employee contribution rate, the board shall, in accordance with Section 22960.36, amend the plan to provide for the employer contribution rate and any employee contribution rate set forth in the memorandum of understanding. (d) The employer contribution rate and any employee contribution rate for state peace officers and firefighters who have become subject to this part pursuant to the provisions of subdivision (b) of Section 22960 shall be the contribution rate or rates set forth in the memorandum of understanding for state peace officers and firefighter members in Bargaining Unit 6. (e) The board may refuse to amend the plan under this section if, in the board’s considered judgment, the proposed amendment would violate any applicable provision of Title 26 of the United States Code. (f) The initial employer contribution rate shall be prescribed in the memorandum of understanding. In the event an MOU expires and no new memorandums of understanding takes effect, the last memorandums of understanding in place shall control. (Amended by Stats. 2012, Ch. 665, Sec. 165. (SB 1308) Effective January 1, 2013.)
  166. 22960.61.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 6. Contributions [22960.60 - 22960.63] ( Chapter 6 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The employer must pick up all amounts otherwise due as employee contributions and deduct them from the employee’s compensation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 6. Contributions [22960.60 - 22960.63] ( Chapter 6 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.61. The employer shall pick up, for the sole purpose of and in accordance with the requirements of Section 414(h)(2) of Title 26 of the United States Code and Section 17501 of the Revenue and Taxation Code, all of the amounts otherwise due as employee contributions, which shall be paid by the employer in lieu of employee contributions and which shall be deducted from the employee’s compensation. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  167. 22960.62.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 6. Contributions [22960.60 - 22960.63] ( Chapter 6 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    A participant may be allowed to transfer funds from an eligible retirement plan into the plan, subject to board-set terms and conditions and applicable federal and state 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 6. Contributions [22960.60 - 22960.63] ( Chapter 6 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.62. Pursuant to terms and conditions established by the board, a participant may be permitted to transfer funds from an eligible retirement plan into the plan to the extent that the transfers are allowable under applicable federal and state laws. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  168. 22960.63.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 6. Contributions [22960.60 - 22960.63] ( Chapter 6 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    Plan contributions and benefit-related compensation counts are limited by federal tax-code caps.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 6. Contributions [22960.60 - 22960.63] ( Chapter 6 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.63. (a) Notwithstanding any other provision of law or contract to the contrary, contributions to the plan shall be subject to the applicable limitations imposed by Section 415 of Title 26 of the United States Code, as that section may be amended from time to time and as these limits may be adjusted by the Commissioner of Internal Revenue. (b) Notwithstanding any other provision of law or contract to the contrary, the amount of compensation that is taken into account in determining the benefits payable under the plan shall not exceed the applicable annual compensation limitations prescribed by Section 401(a)(17) of Title 26 of the United State Code, as that section may be amended from time to time and as that limit may be adjusted by the Commissioner of Internal Revenue. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  169. 22960.65.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 7. Participant Accounts [22960.65 - 22960.69] ( Chapter 7 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    Contributions made by a participant or by the employer on the participant’s behalf must be credited to the participant’s account.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 7. Participant Accounts [22960.65 - 22960.69] ( Chapter 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.65. (a) Any contributions made by the participant to the plan shall be credited to the participant’s account. (b) Contributions made by the employer on behalf of the participant shall be credited to the participant’s account. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  170. 22960.66.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 7. Participant Accounts [22960.65 - 22960.69] ( Chapter 7 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    A contribution made by mistake of fact may be returned within one year after the mistake is discovered.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 7. Participant Accounts [22960.65 - 22960.69] ( Chapter 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.66. In the case of a contribution that is made under a mistake of fact, nothing in this part shall prohibit the return of that contribution within one year after discovery of the mistake. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  171. 22960.67.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 7. Participant Accounts [22960.65 - 22960.69] ( Chapter 7 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The fund’s net earnings must be allocated to each participant’s account on each valuation date based on the participant’s share of total account balances.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 7. Participant Accounts [22960.65 - 22960.69] ( Chapter 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.67. The net earnings of the fund shall be allocated to the participant’s account as of each valuation date in the ratio that the participant’s account balance bears to the aggregate of all participants’ account balances. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  172. 22960.68.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 7. Participant Accounts [22960.65 - 22960.69] ( Chapter 7 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    Each participant account must be valued at least once a year using a method prescribed 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 7. Participant Accounts [22960.65 - 22960.69] ( Chapter 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.68. The value of each participant’s account shall be determined at least once annually in a manner prescribed by the board. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  173. 22960.69.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 7. Participant Accounts [22960.65 - 22960.69] ( Chapter 7 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    Each participant must receive an account statement showing the account’s value or balance and summarizing credits and other transactions since the last valuation date.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 7. Participant Accounts [22960.65 - 22960.69] ( Chapter 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.69. A participant shall receive a statement that displays the value, or balance, of the participant’s account and summarizes any credits to the account or other transactions that occurred after the immediately preceding valuation date. The statement of account shall be provided at least once annually to each participant. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  174. 22960.70.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 8. Rights to Benefits [22960.70 - 22960.71] ( Chapter 8 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    A participant is entitled to a vested right in 100% of the value of the participant’s account, and that right accrues when the person becomes a participant.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 8. Rights to Benefits [22960.70 - 22960.71] ( Chapter 8 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.70. A participant has a vested right to 100 percent of the value of the participant’s account. The right accrues when the person becomes a participant. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  175. 22960.71.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 8. Rights to Benefits [22960.70 - 22960.71] ( Chapter 8 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    A participant’s benefit generally cannot be seized or assigned, except as allowed by the cited 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 8. Rights to Benefits [22960.70 - 22960.71] ( Chapter 8 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.71. The right of a participant to a benefit is not subject to execution or any other process whatsoever, except to the extent permitted by Section 704.110 of the Code of Civil Procedure, and is unassignable except as specifically provided under this part. Notwithstanding any provision of this part to the contrary, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of Title 26 of the United States Code. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  176. 22960.75.

    ## 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 9. Community Property [22960.75 - 22960.79] ( Chapter 9 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section tells the court to record the separation date and divide certain marital contributions and earnings into separate accounts, while limiting the nonparticipant spouse’s rights to those stated 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 9. Community Property [22960.75 - 22960.79] ( Chapter 9 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.75. (a) Upon the legal separation or dissolution of marriage of a participant, the court shall include in the judgment or a court order the date on which the parties separated. (b) If the community property is divided in accordance with subdivision (c) of Section 2610 of the Family Code, the court shall order that the contributions and earnings attributable to periods of service during the marriage be divided into two separate and distinct accounts in the name of the participant and the name of the nonparticipant spouse, respectively. Any contributions or earnings that are not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the participant. (c) The court shall address the rights of the nonparticipant spouse to the following: (1) The right to a retirement benefit, and the consequent right to elect an annuity. (2) The right to lump-sum distribution of the balance of the nonparticipant spouse’s account. (3) The right to designate a beneficiary to receive a distribution of the balance remaining in the nonparticipant spouse’s account upon the death of the nonparticipant spouse. (d) In the capacity of nonparticipant spouse, he or she is entitled only to the rights and benefits explicitly established by this chapter. The nonparticipant spouse shall not be entitled to a disability benefit. (e) Nothing in this chapter shall be construed to authorize any amount to be distributed under the plan at a time or in a form that is not permitted under this part or Title 26 of the United States Code. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  177. 22960.76.

    ## 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 9. Community Property [22960.75 - 22960.79] ( Chapter 9 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    This section defines “nonparticipant spouse” and says a nonparticipant spouse awarded a separate account is not a participant in the 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 9. Community Property [22960.75 - 22960.79] ( Chapter 9 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.76. For purposes of this chapter, “nonparticipant spouse” means the spouse or the former spouse of the participant, who as a result of petitioning the court for the division of community property, has been awarded a distinct and separate account. A nonparticipant spouse who is awarded a separate account is not a participant in the plan. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  178. 22960.77.

    ## 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 9. Community Property [22960.75 - 22960.79] ( Chapter 9 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The nonparticipant spouse has a right to a lump-sum distribution and must apply on a form prescribed 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 9. Community Property [22960.75 - 22960.79] ( Chapter 9 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.77. (a) The nonparticipant spouse shall have the right to a lump-sum distribution of the amounts credited to his or her account. (b) The nonparticipant spouse shall file an application for the distribution on a form prescribed by the board. (c) No partial distribution shall be made from the nonparticipant spouse’s account. (d) The nonparticipant spouse may not cancel the distribution once it has become effective. (e) The nonparticipant spouse is deemed to have permanently waived all rights to a retirement benefit when the distribution becomes effective. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  179. 22960.78.

    ## 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 9. Community Property [22960.75 - 22960.79] ( Chapter 9 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    A nonparticipant spouse may apply for a retirement benefit if the participant or the nonparticipant spouse has reached normal retirement age.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 9. Community Property [22960.75 - 22960.79] ( Chapter 9 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.78. (a) A nonparticipant spouse may apply for a retirement benefit, provided the participant or the nonparticipant spouse has attained the normal retirement age. The retirement benefit is a distribution of the balance of the nonparticipant spouse’s account. (b) Application for a retirement benefit shall be made on an application form prescribed by the board. (c) The retirement date shall be the date designated in the nonparticipant spouse’s application, or the day following the date of the court order dividing the community property of the participant and nonparticipant spouse, if later. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  180. 22960.79.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 9. Community Property [22960.75 - 22960.79] ( Chapter 9 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    A nonparticipant spouse with a retirement distribution of at least $5,000 may choose to receive it as a lump sum, installments, or a single life annuity.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 9. Community Property [22960.75 - 22960.79] ( Chapter 9 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.79. A nonparticipant spouse who is entitled to a distribution for retirement that equals or exceeds five thousand dollars ($5,000), may elect to receive the distribution in one of the following forms: (a) A single lump-sum payment. (b) Substantially level installment payments for a period of years that extends no longer than the life expectancy of the participant. (c) A single life annuity. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  181. 22960.80.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 10. Beneficiary Designation [22960.80 - 22960.83] ( Chapter 10 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    A participant may choose any person or persons as beneficiaries, but the designation must be on the board’s form, signed, and delivered to a plan representative before the participant dies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 10. Beneficiary Designation [22960.80 - 22960.83] ( Chapter 10 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.80. The participant may designate any person or persons as beneficiaries to receive any amount that may be payable upon the death of the participant pursuant to the provisions of Section 22960.88. The beneficiary or beneficiaries shall be designated on a form prescribed by the board, signed by the participant, and delivered to a plan representative prior to the participant’s death. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  182. 22960.81.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 10. Beneficiary Designation [22960.80 - 22960.83] ( Chapter 10 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    A beneficiary designation cannot be given effect if it would impair a surviving spouse’s rights under federal or state 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 10. Beneficiary Designation [22960.80 - 22960.83] ( Chapter 10 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.81. Notwithstanding Section 22960.80, the participant’s beneficiary designation shall not be given effect and shall be overridden to the extent that such a designation would impair the rights of any surviving spouse under applicable federal or state law. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  183. 22960.82.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 10. Beneficiary Designation [22960.80 - 22960.83] ( Chapter 10 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    Unless the beneficiary designation form says otherwise, each designated beneficiary gets equal shares of any lump-sum distribution payable from the participant’s account after the participant dies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 10. Beneficiary Designation [22960.80 - 22960.83] ( Chapter 10 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.82. Unless otherwise provided in the beneficiary designation form, each designated beneficiary shall be entitled to equal shares of the lump-sum distribution that may be payable from the participant’s account upon the death of the participant. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  184. 22960.83.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 10. Beneficiary Designation [22960.80 - 22960.83] ( Chapter 10 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    If a participant dies without a valid beneficiary designation, or no designated beneficiary survives, the remaining account balance must be paid to the participant’s survivors in a set order.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 10. Beneficiary Designation [22960.80 - 22960.83] ( Chapter 10 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.83. In the event the participant dies without a valid beneficiary designation on file, or if no designated beneficiary survives the participant, any balance remaining in the participant’s account shall be payable to the participant’s survivors in the following order: (a) The participant’s spouse. (b) The participant’s natural or adopted children. (c) The participant’s parents. (d) The participant’s brothers and sisters. (e) The participant’s estate. (Amended by Stats. 2010, Ch. 639, Sec. 26. (SB 1139) Effective January 1, 2011.)
  185. 22960.85.

    ## 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    A participant leaving service is entitled to a lump-sum distribution, and may choose certain payment forms if the distribution is at least $5,000. The employer must certify the termination on a board-prescribed form, and partial distributions are not allowed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.85. (a) Upon separation from all service for the employer for any reason other than death, disability, or retirement, a participant is entitled to a lump-sum distribution of the balance of his or her account as of the first valuation date immediately following the date of the application. (b) Application for a distribution for termination of employment shall be made on an application form prescribed by the board. Any participant who is entitled to a distribution that equals or exceeds five thousand dollars ($5,000), may elect on the application form to receive the distribution in one of the following forms: (1) A single lump-sum payment. (2) Substantially level installment payments for a period of years that extends no longer than the life expectancy of the participant. (c) The employer shall certify on a form prescribed by the board that the participant’s employment has terminated. (d) No partial distribution shall be made from the participant’s account. (e) The participant is deemed to have permanently waived all rights to a retirement benefit when the distribution becomes effective. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  186. 22960.86.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    A participant may apply for a retirement benefit after separating from service, if the retirement date is not before normal retirement age. The application must use a board-prescribed form, and the employer must certify termination on a board-prescribed form.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.86. (a) Upon separation from all service for the employer, a participant may apply for a retirement benefit, provided the retirement date is no earlier than the date on which the participant attains the normal retirement age. The retirement benefit is a distribution of the balance of the participant’s account as of the first valuation date immediately following the date of the application. (b) Application for a retirement benefit shall be made on an application form prescribed by the board. (c) The employer shall certify on a form prescribed by the board that the participant’s employment has terminated. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  187. 22960.87.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    A disability benefit becomes payable only after the participant separates from all service and the board determines the participant has a disability. The participant must apply on the board’s required form and in the board’s required manner, and the employer must certify the employment has ended on a board-prescribed form.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.87. (a) A disability benefit shall become payable to a participant only upon the participant’s separation from all service for the employer and upon a determination by the board that the participant has a disability pursuant to Section 21156. The disability benefit is a distribution of the balance of the participant’s account as of the first valuation date immediately following the date of the application. (b) Application for a disability benefit shall be made on an application form and in the manner prescribed by the board. (c) The employer shall certify on a form prescribed by the board that the participant’s employment has terminated. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  188. 22960.88.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    After proof of a participant’s death is received, the beneficiary or beneficiaries are entitled to a death benefit paid as a lump-sum distribution of the remaining account balance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.88. (a) Upon receipt of proof of a participant’s death, the beneficiary or beneficiaries shall be entitled to a death benefit that is a lump-sum distribution of the balance remaining in the participant’s account. (1) If the participant died prior to termination of employment or distribution of all of the contributions and earnings credited to the participant’s account, the lump-sum distribution shall be an amount that is equal to the balance remaining in the participant’s account. (2) If the participant died while receiving a periodic payment, any remaining payments shall be paid to the beneficiary under the same schedule until there is no balance remaining in the participant’s account. (b) Application for the distribution shall be made on an application form prescribed by the board. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  189. 22960.89.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    A participant eligible for a retirement or disability distribution of at least $5,000 may choose one of four payout forms.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.89. Any participant who is entitled to a distribution for retirement or disability that equals or exceeds five thousand dollars ($5,000), may elect to receive the distribution in one of the following forms: (a) A single lump-sum payment. (b) Substantially level installment payments for a period of years that extends no longer than the life expectancy of the participant. (c) A single life annuity. (d) A joint and survivor annuity for the lifetimes of the participant and the participant’s option beneficiary. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  190. 22960.90.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    A qualifying spouse beneficiary may choose how to receive the distribution, including a lump sum, installments, or a single life annuity.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.90. A beneficiary who is the spouse of the participant and who is entitled to a distribution that equals or exceeds five thousand dollars ($5,000), may elect to receive the distribution in one of the following forms: (a) A single lump-sum payment. (b) Substantially level installment payments for a period of years that extends no longer than the life expectancy of the beneficiary. (c) A single life annuity. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  191. 22960.91.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    A qualifying non-spouse beneficiary may choose to receive an eligible distribution as either a lump-sum payment or installment payments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.91. A beneficiary who is not the spouse of the participant, and who is entitled to a distribution that equals or exceeds five thousand dollars ($5,000), may elect to receive the distribution in one of the following forms: (a) A single lump-sum payment. (b) Substantially level installment payments for a period not to exceed five years. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  192. 22960.92.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The board may contract with certain qualified companies to provide annuities for participants, beneficiaries, and nonparticipant spouses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 11. Benefits [22960.85 - 22960.92] ( Chapter 11 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.92. The board may contract with an insurance, annuity, mutual fund, or any other qualified company to provide annuities to participants pursuant to Section 22960.89, to beneficiaries pursuant to Section 22960.90, and to nonparticipant spouses pursuant to Section 22960.79. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  193. 22960.95.

    ## 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 12. Distributions [22960.95 - 22960.99] ( Chapter 12 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    Certain participants, spouses, and beneficiaries may not choose distributions that fail federal Section 401(a)(9) requirements, and several distribution types must start by specific deadlines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 12. Distributions [22960.95 - 22960.99] ( Chapter 12 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.95. Notwithstanding any other provision of this part, a participant, nonparticipant spouse, or beneficiary shall not be permitted to elect a distribution under this part that does not satisfy the requirements of Section 401(a)(9) of Title 26 of the United States Code, including the incidental death benefit requirements of Section 401(a)(9)G and the regulations thereunder. The required beginning date of distributions that reflect the entire interest of the participant shall be as follows: (a) In the case of a lump-sum distribution to the participant, the lump-sum payment shall be made not later than April 1 of the calendar year following the later of the calendar year in which the participant attains the age of 72 years or the calendar year in which the participant terminates all employment for the employer. (b) In the case of a distribution to the participant in the form of installment payments or an annuity, payment shall begin not later than April 1 of the calendar year following the later of the calendar year in which the participant attains the age of 72 years or the calendar year in which the participant terminates all employment subject to coverage by the plan. (c) In the case of a benefit payable on account of the participant’s death, distributions shall be paid no later than December 31 of the calendar year in which the fifth anniversary of the participant’s date of death occurs unless the beneficiary is the participant’s spouse in which case distributions must commence on or before the later of either: (1) December 31 of the calendar year immediately following the calendar year in which the participant dies. (2) December 31 of the calendar year in which the participant would have attained the age of 72 years. (Amended by Stats. 2020, Ch. 275, Sec. 27. (AB 2101) Effective January 1, 2021.)
  194. 22960.96.

    ## 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 12. Distributions [22960.95 - 22960.99] ( Chapter 12 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The plan must make distributions as soon as practicable after the first valuation date after an application is filed. A beneficiary may request and receive the death benefit as soon as practicable after proof of the participant’s death is received.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 12. Distributions [22960.95 - 22960.99] ( Chapter 12 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.96. (a) Distributions from the plan shall be made as soon as practicable after the first valuation date immediately following the date of the application. (b) Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code or any other law to the contrary, the death benefit payable under the plan may be requested by the beneficiary and paid as soon as practicable following receipt of proof of the participant’s death. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  195. 22960.97.

    ## 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 12. Distributions [22960.95 - 22960.99] ( Chapter 12 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    A person eligible for a rollover distribution may elect to have it paid directly to an eligible retirement plan, and the plan must make the designated amount a direct rollover once it is distributable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 12. Distributions [22960.95 - 22960.99] ( Chapter 12 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.97. If a person becomes entitled to a distribution from the plan that constitutes an eligible rollover distribution within the meaning of Section 401(a)(31) of Title 26 of the United States Code, the person may elect under terms and conditions established by the board to have the distribution or a portion thereof paid directly to a plan that constitutes an eligible retirement plan within the meaning of Section 401(a)(31), as specified by that person. Upon the exercise of the election by a person with respect to a distribution or a portion thereof, the distribution by the plan of the amount so designated, once distributable under the terms of the plan, shall be made in the form of a direct rollover to the eligible retirement plan so specified. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  196. 22960.98.

    ## 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 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 12. Distributions [22960.95 - 22960.99] ( Chapter 12 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    Distributions are generally paid directly from the fund to the participant or beneficiary, unless this part provides אחרת.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 12. Distributions [22960.95 - 22960.99] ( Chapter 12 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.98. Except as otherwise provided in this part, all distributions shall be made directly from the fund to the participant or beneficiary. To the extent required by federal and state law, income and other taxes shall be withheld from each benefit payment, and the payment shall be reported to the appropriate governmental agency or agencies. (Added by Stats. 1998, Ch. 820, Sec. 11. Effective September 25, 1998.)
  197. 22960.99.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 12. Distributions [22960.95 - 22960.99] ( Chapter 12 added by Stats. 1998, Ch. 820, Sec. 11. )

    Verify source ↗

    The plan’s obligation to a participant, beneficiary, or nonparticipant spouse ends when the applicable benefit is distributed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 7. STATE PEACE OFFICERS' AND FIREFIGHTERS' DEFINED CONTRIBUTION PLAN [22960 - 22960.99] ( Part 7 added by Stats. 1998, Ch. 820, Sec. 11. ) ## CHAPTER 12. Distributions [22960.95 - 22960.99] ( Chapter 12 added by Stats. 1998, Ch. 820, Sec. 11. ) ## 22960.99. (a) The plan’s obligations to a participant, beneficiary, or nonparticipant spouse who has applied for a lump-sum benefit cease upon distribution of the lump-sum benefit. (1) Deposit in the United States mail of a warrant drawn in favor of the participant, beneficiary, or nonparticipant spouse and addressed to the latest address on file for that person constitutes distribution of the benefit. (2) Deposit in the United States mail of a notice that the requested electronic funds transfer has been made as directed by the participant, beneficiary, or nonparticipant spouse constitutes distribution of the benefit. (3) If the participant, beneficiary, or nonparticipant spouse has elected on a form prescribed by the board to transfer all or a specific portion of the account that is eligible for a direct trustee-to-trustee transfer under Section 401(a)(31) of Title 26 of the United States Code, deposit in the United States mail of a notice that the requested transfer has been made constitutes distribution of the benefit. (b) The plan’s obligations to a participant, beneficiary, or nonparticipant spouse who elected to receive a benefit in the form of installment payments or an annuity cease upon distribution of the final payment. (1) Deposit in the United States mail of a warrant drawn in favor of the participant, beneficiary, or nonparticipant spouse and addressed to the latest address on file for that person constitutes distribution of the benefit. (2) Deposit in the United States mail of a notice that the requested electronic funds transfer has been made as directed by the participant, beneficiary, or nonparticipant spouse constitutes distribution of the benefit. (c) Distribution under paragraph (1), (2), or (3) of subdivision (a) or paragraph (1) or (2) of subdivision (b) pursuant to the board’s determination in good faith of the existence, identity, or other facts relating to entitlement of persons constitutes a complete discharge and release of the board, system, and plan from liability for payments. (d) Distribution under paragraph (4) of subdivision (b) of Section 22960.4 constitutes a complete discharge and release of the board, system, and plan from liability for payments, and the board and system shall not be treated as fiduciaries with respect to a transfer of funds from the plan to the Supplemental Contributions Program in accordance with Section 22970. (Amended by Stats. 2013, Ch. 755, Sec. 2. (SB 277) Effective January 1, 2014.)
  198. 22970.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 8. SUPPLEMENTAL CONTRIBUTIONS PROGRAM [22970 - 22970.89] ( Part 8 added by Stats. 1999, Ch. 307, Sec. 4. ) ## CHAPTER 1. General Provisions [22970 - 22970.3] ( Chapter 1 added by Stats. 1999, Ch. 307, Sec. 4. )

    Verify source ↗

    The Supplemental Contributions Program is established as a defined contribution plan and must operate according to the board-adopted plan document.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 8. SUPPLEMENTAL CONTRIBUTIONS PROGRAM [22970 - 22970.89] ( Part 8 added by Stats. 1999, Ch. 307, Sec. 4. ) ## CHAPTER 1. General Provisions [22970 - 22970.3] ( Chapter 1 added by Stats. 1999, Ch. 307, Sec. 4. ) ## 22970. (a) The Supplemental Contributions Program is hereby established to be a defined contribution plan within the meaning of subsection (i) of Section 414 of Title 26 of the United States Code. This program shall operate in accordance with the plan document adopted by the board. (b) This part does not establish a new program, but rather recodifies, and further defines the Supplemental Contributions Program as amended by Chapter 576 of the Statutes of 1994, to ensure full compliance with the applicable provisions of Title 26 of the United States Code. (Amended by Stats. 2007, Ch. 511, Sec. 1. Effective January 1, 2008.)
  199. 22970.1.

    ## 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 8. SUPPLEMENTAL CONTRIBUTIONS PROGRAM [22970 - 22970.89] ( Part 8 added by Stats. 1999, Ch. 307, Sec. 4. ) ## CHAPTER 1. General Provisions [22970 - 22970.3] ( Chapter 1 added by Stats. 1999, Ch. 307, Sec. 4. )

    Verify source ↗

    Benefits under the Supplemental Contributions Program must supplement benefits provided under specified related provisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 8. SUPPLEMENTAL CONTRIBUTIONS PROGRAM [22970 - 22970.89] ( Part 8 added by Stats. 1999, Ch. 307, Sec. 4. ) ## CHAPTER 1. General Provisions [22970 - 22970.3] ( Chapter 1 added by Stats. 1999, Ch. 307, Sec. 4. ) ## 22970.1. The benefits provided under the Supplemental Contributions Program shall supplement the benefits provided under Part 3 (commencing with Section 20000) and Chapter 3.5 (commencing with Section 9350) of Part 1 of Division 2. (Added by Stats. 1999, Ch. 307, Sec. 4. Effective January 1, 2000.)
  200. 22970.10.

    ## 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 8. SUPPLEMENTAL CONTRIBUTIONS PROGRAM [22970 - 22970.89] ( Part 8 added by Stats. 1999, Ch. 307, Sec. 4. ) ## CHAPTER 2. Definitions [22970.10 - 22970.26] ( Chapter 2 added by Stats. 1999, Ch. 307, Sec. 4. )

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    This section defines “Account” as the participant’s account holding specified credited amounts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 8. SUPPLEMENTAL CONTRIBUTIONS PROGRAM [22970 - 22970.89] ( Part 8 added by Stats. 1999, Ch. 307, Sec. 4. ) ## CHAPTER 2. Definitions [22970.10 - 22970.26] ( Chapter 2 added by Stats. 1999, Ch. 307, Sec. 4. ) ## 22970.10. “Account” means the account maintained with respect to the participant that reflects the aggregate value of the following amounts credited to the participant: (a) Employee after-tax contributions to the plan. (b) Net earnings of the Supplemental Contributions Program allocable to the participant. (c) Any amount credited to the participant’s account by reason of a transfer or a rollover from another plan or arrangement in accordance with applicable laws. (Amended by Stats. 2013, Ch. 755, Sec. 4. (SB 277) Effective January 1, 2014.)

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