BILL NUMBER: AB 820	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Conway

                        FEBRUARY 26, 2009

   An act to amend Sections 19889.7 and 22959.6 of the Government
Code, relating to public employees, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 820, as introduced, Conway. Public employees.
   Existing law permits the Department of Personnel Administration to
charge an administrative fee to employees participating in a group
legal services plan established through regulation for excluded
employees and memoranda of understanding reached pursuant to the
Ralph C. Dills Act.
   This bill would in addition permit the department to charge an
administrative fee to annuitants participating in a group legal
services plan established through regulation for annuitants.
   The Vision Care Program for State Annuitants, administered by the
Department of Personnel Administration, provides vision care coverage
to specified state annuitants and their dependents, as contracted
for by the department. The program is funded by annuitant premiums.
Existing law also establishes in the State Treasury the Vision Care
Program for State Annuitants Fund that is, upon appropriation by the
Legislature, for expenditure for the provision of vision care
benefits to state annuitants and their dependents, as specified.
   This bill would direct the plan provider to directly bill the
annuitant if there are insufficient funds in an annuitant's allowance
to pay the premium. This bill would also provide that moneys in the
Vision Care Program for State Annuitants Fund would be continuously
appropriated, as specified.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 19889.7 of the Government Code is amended to
read:
   19889.7.  The department may charge an administrative fee to 
annuitants and employees participating in a group legal services
plan established through regulation for  annuitants, 
excluded employees  ,  and memoranda of understanding
reached pursuant to the Ralph C. Dills Act (Chapter 10.3 (commencing
with Section 3512) of Division 4 of Title 1) for represented
employees.
  SEC. 2.  Section 22959.6 of the Government Code is amended to read:

   22959.6.  (a) The Department of Personnel Administration 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 Personnel
Administration.
   (b) The Department of Personnel Administration, 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 annuitants' 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.  The Vision
Care Program for State Annuitants Fund is available, upon
appropriation by the Legislature,   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, 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 into
a vision plan or vision plans contracted for by the Department of
Personnel Administration.
   (d) No contract for a vision care plan may be entered into unless
the Department of Personnel Administration 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
Personnel Administration.
   (e) If the Director of the Department of Personnel Administration
determines that it is not economically feasible to continue this
program anytime after its commencement, the  Director
  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 Personnel Administration.
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 Personnel Administration in conjunction with the
contracted plan or plans and shall be considered separate and apart
from active employee premium rates.
   (g) The  Director   director  shall
report to the Legislature, prior to the end of the second quarter of
the third plan year, on the continued economic sustainability of the
Vision Care Program for State Annuitants.