BILL NUMBER: AB 428	CHAPTERED  09/28/02

	CHAPTER  1021
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2002
	PASSED THE ASSEMBLY  AUGUST 27, 2002
	PASSED THE SENATE  AUGUST 26, 2002
	AMENDED IN SENATE  AUGUST 21, 2002
	AMENDED IN SENATE  JUNE 25, 2002
	AMENDED IN ASSEMBLY  MAY 23, 2001

INTRODUCED BY   Assembly Member Shelley
   (Principal coauthors:  Assembly Members Keeley and Maldonado)

                        FEBRUARY 20, 2001

   An act to add Section 12201.05 to the Welfare and Institutions
Code, relating to human services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 428, Shelley.   State Supplementary Program.
   Existing law provides for the State Supplementary Program for the
Aged, Blind and Disabled (SSP), which requires the State Department
of Social Services to contract with the United States Secretary of
Health and Human Services to make payments to SSP recipients to
supplement supplemental security income (SSI) payments made available
pursuant to the federal Social Security Act.
   Under existing law, benefit payments under the SSP program are
calculated by establishing the maximum level of nonexempt income and
federal (SSI) and state (SSP) benefits for each category of eligible
recipient.  The state SSP payment is the amount, when added to the
nonexempt income and SSI benefits available to the recipient, that
would be required to provide the maximum benefit payment.
   Existing state law provides for the annual adjustment, on a
calendar year basis, of the total level of combined state and federal
benefits as established by statutory schedule and adjusted to
reflect prior adjustments to reflect changes in the cost of living,
as defined.  Under existing law, any increase in state funds
necessary to defray the cost of a cost-of-living adjustment in
SSI/SSP payments is offset to the extent of any cost-of-living
increase provided under federal law.
   Existing law has provided that with respect to certain calendar
years there shall be no cost-of-living adjustment to the payment
schedules, but specifies that with respect to those calendar years,
there shall be a pass-along of the increase in federal SSI benefits.

   This bill would, commencing with the 2004 calendar year, provide,
in any calendar year in which no cost-of-living adjustment is made to
the combined SSI/SSP benefit, that there shall be a pass-along of
any cost-of-living increase in federal SSI payments.


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


  SECTION 1.  Section 12201.05 is added to the Welfare and
Institutions Code, to read:
   12201.05.  (a) Commencing with the 2004 calendar year, and
thereafter, in any calendar year in which no cost-of-living
adjustment is made pursuant to Section 12201, the payment schedules
set forth in Sections 12200, 13920, and 13921, as adjusted pursuant
to Section 12201, shall include the pass-along of any cost-of-living
increases in federal benefits under Subchapter 16 (commencing with
Section 1381) of Chapter 7 of Title 42 of the United States Code.
   (b) Notwithstanding paragraph (2) of subdivision (d) of Section
12201, any adjustments made pursuant to this section to reflect the
pass-along of federal cost-of-living adjustments shall be included in
the base amounts for purposes of determining cost-of-living
adjustments made pursuant to Section 12201.