as amended, Committee on Budget.
begin deleteBudget Act of 2015. end delete
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.end delete
begin deleteno end delete.
Fiscal committee: begin deleteno end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
(a) Beginning July 1, 2002, any state position that is
4vacant for six consecutive monthly pay periods shall be abolished
5by the Controller on the following July 1. The six consecutive
6monthly pay periods may occur entirely within one fiscal year or
7between two consecutive fiscal years.
8(b) The Director of Finance may authorize the reestablishment
9of any positions abolished pursuant to this section if one or more
10of the following conditions existed during part or all of the six
11consecutive monthly pay periods:
12(1) There was a hiring freeze in effect during part or all of the
13six consecutive pay periods.
14(2) The department has diligently attempted to fill the position,
15but was unable to complete all the steps necessary to fill the
16position within six months.
17(3) The position has been designated as a management position
18for purposes of collective bargaining and has been held vacant
19pending the appointment of the director, or other chief executive
20officer, of the department as part of the transition from one
21Governor to the succeeding Governor.
22(4) The classification of the position is determined to be
P4 1(5) Late enactment of the
budget causes the department to delay
2filling the position.
3(c) The Controller shall reestablish any position for which the
4director of the department in which that position existed prior to
5abolishment certifies by August 15 that one or more of the
6following conditions existed during part or all of the six
7consecutive pay periods:
8(1) The position is necessary for directly providing 24-hour care
9in an institution operated by the state.
10(2) The position is necessary for the state to satisfy any licensing
11requirements adopted by a local, state, or federal licensing or other
13(3) The position is directly involved in services for public health,
14public safety, or homeland security.
15(4) The position is being held vacant because the previous
16incumbent is eligible to exercise a mandatory right of return from
17a leave of absence as may be required by any provision of law
18including, but not limited to, leaves for industrial disability,
19nonindustrial disability, military service, pregnancy, childbirth, or
20care of a newborn infant.
21(5) The position is being held vacant because the department
22has granted the previous incumbent a permissive leave of absence
23as may be authorized by any provision of law including, but not
24limited to, leaves for adoption of a child, education, civilian
25military work, or to assume a temporary assignment in another
27(6) Elimination of the position will directly reduce state revenues
28or other income by more than would be saved by elimination of
30(7) The position is funded entirely from moneys appropriated
31pursuant to Section 221 of the Food and Agricultural Code, was
32established with the Controller pursuant to Section 221.1 of the
33Food and Agricultural Code, and directly responds to unforeseen
34agricultural circumstances requiring the relative expertise that the
36(d) Each department shall maintain for future independent audit
37all records on which the department relied in determining that any
38position or positions satisfied one or more of the criteria specified
39in paragraphs (1) to (6), inclusive, of subdivision (c).
P5 1(e) The only other exceptions to the abolishment required by
2subdivision (a) are those positions exempt from civil service or
3those instructional and instruction-related positions authorized for
4the California State University. No money appropriated by the
5subsequent Budget Act shall be used to pay the salary of any
6otherwise authorized state position that is abolished pursuant to
8(f) The Controller, no later than September 10 of each fiscal
9year, shall furnish the Department of Finance in writing a
10preliminary report of any authorized state positions that were
11abolished effective on the preceding July 1 pursuant to this section.
12(g) The Controller, no later than October 15 of each fiscal year,
13shall furnish the Joint Legislative Budget Committee and the
14Department of Finance a final report on all positions that were
15abolished effective on the preceding July 1.
16(h) Departments shall not execute any personnel transactions
17for the purpose of circumventing the provisions of this section.
18(i) Each department shall
include a section discussing its
19compliance with this section when it prepares its report pursuant
20to Section 13405.
21(j) As used in this section, department refers to any department,
22agency, board, commission, or other organizational unit of state
23government that is empowered to appoint persons to civil service
25(k) This section shall become operative July 1, 2002.
“Family member” means an employee’s or annuitant’s
29spouse or domestic partner and any child, including an adopted
30child, a stepchild, or recognized natural child. The board shall, by
31regulation, prescribe age limits and other conditions and limitations
32pertaining to children.
“Prefunding” means the making of periodic payments
37by an employer to partially or completely
38 amortize the unfunded
39actuarial obligation of the employer for health
40 benefits provided to annuitants and their family members.
(a) Employees, annuitants, and family members who
27become eligible to enroll on or after January 1, 1985, in Part A
28and Part B of Medicare
begin delete mayend delete not be enrolled in a basic health
29benefit plan. If the employee, annuitant, or family member is
30enrolled in Part A and Part B of Medicare, he or she may enroll
31in a Medicare health benefit plan.
32(b) Employees, annuitants, and family members enrolled in a
33prescription drug plan under Part D of Medicare
begin delete mayend delete not be
34enrolled in a board-approved health benefit plan. This subdivision
35does not apply to an individual enrolled in a board-approved or
36offered health benefit plan that provides a prescription drug plan
37or qualified prescription drug coverage under Part D of Medicare
38as part of its benefit design.
P7 1(c) This section does not apply to employees and family
2members that are specifically excluded from enrollment in a
3Medicare health benefit plan by federal law or regulation.
begin delete Priorend delete to the approval of
begin delete proposedend delete benefits and premium readjustments authorized under
10Section 22864, the board shall
begin delete notifyend delete the begin delete Legislature,end delete the Trustees of the California State University,
begin delete andend delete the Department of Human begin delete Resourcesend delete
17 of the
begin delete proposed changes in writing.end delete
The board shall report to the Legislature annually, on November 1, regarding the
begin delete success or failure of eachend delete health begin delete benefit plan.end delete
24 The report shall include, but not be limited
begin delete to, the costsend delete to the begin delete board
25and to participants, the degree of satisfaction of members and
26annuitants with the health benefit plans and with the quality of the
27care provided, as determined by a representative sampling of
28participants, and the level of accessibility to preferred providers
29for rural members who do not have access to health maintenance
There is in the State Treasury the Annuitants’
34Health Care Coverage Fund that is a trust fund and a retirement
35fund, within the meaning of Section 17 of Article XVI of the
begin delete Notwithstandingend delete Section 13340, all
38moneys in the fund are continuously appropriated without regard
39to fiscal years to the board for expenditure for the prefunding of
40health care coverage for annuitants pursuant to this part, including
P10 1administrative costs. The board has sole and exclusive control and
2power over the administration and investment of the Annuitants’
3Health Care Coverage Fund and shall make investments pursuant
4to Part 3 (commencing with Section 20000).
It is the intent of the Legislature to enact statutory
32changes relating to the Budget Act of 2015.