BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1072|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   THIRD READING 


          Bill No:  AB 1072
          Author:   Daly (D)
          Amended:  8/19/15 in Senate
          Vote:     21  

           SENATE INSURANCE COMMITTEE:  8-0, 6/24/15
           AYES:  Roth, Gaines, Berryhill, Glazer, Hernandez, Liu,  
            Mitchell, Wieckowski
           NO VOTE RECORDED:  Hall

           SENATE JUDICIARY COMMITTEE:  7-0, 7/14/15
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  79-0, 5/11/15 - See last page for vote

           SUBJECT:   Insurance:  firefighters or police officers benefit  
                     and relief associations


           SOURCE:    California Correctional Peace Officers Association  
                     Benefit Trust Fund 
                      California State Firefighters' Association 
                      Peace Officers Research Association of California

          DIGEST:   This bill requires firefighters' and police officers'  
          benefit and relief associations (associations) to file an  
          actuarial opinion with the Insurance Commissioner (IC) that  
          meets specified standards.

          Senate Floor Amendments of 8/19/15 clarify the actuarial  








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          standards to be applied as those published by the American  
          Academy of Actuaries and the Actuarial Standards Board, and  
          recast the authority of the IC to make recommendations to the  
          Legislature on changes in law necessary to protect the interests  
          of members of the associations.

          ANALYSIS: 
          
          Existing law:

          1)Prohibits a person, generally, from transacting insurance  
            without a certificate of authority from the IC and establishes  
            laws and standards applicable to the business of insurance.

          2)Provides that firemen's, policemen's or peace officers'  
            benefit and relief associations formed for the purpose of  
            aiding their members and dependents in case of sickness,  
            accident, distress, or death shall not be subject to any other  
            provision of the Insurance Code nor any state law relating to  
            insurance.

          3)Requires associations to obtain a certificate of authority  
            from the IC.

          4)Limits membership to current and former members (who qualified  
            at the time of membership in the association) of police  
            departments and fire departments; regular and salaried peace  
            or law enforcement officers; and emergency medical services  
            personnel employed by a fire department of a city, county, or  
            district.

          5)Requires that the trustees, directors or governing body be  
            elected by the membership.

          6)Prohibits the use of money or property from being paid out as  
            benefits to anyone other than its members, their dependents,  
            or beneficiaries nominated in writing by them.

          7)Provides that the association shall be supported mainly by  
            contributions from its members and by donations.

          This bill:

          1)Requires associations that issue long-term disability or  







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            long-term care policies or contracts to submit an actuarial  
            opinion and supporting memorandum to the IC, no later than  
            July 1, 2016, as to whether the reserves and related actuarial  
            items that support the policies or contracts are expected to  
            be adequate to satisfy contractual provisions, based on  
            reasonable assumptions, and based on actuarial standards of  
            practice published by the American Academy of Actuaries and  
            the Actuarial Standards Board.

          2)Permits the association to submit a previously prepared  
            opinion if completed no earlier than December 31, 2013.

          3)Exempts associations that offer benefits through an admitted  
            insurer.

          4)Provides that an association that is seeking a certificate of  
            authority may file, if feasible, an actuarial opinion that it  
            would have adequate resources to provide the benefits promised  
            in its contracts.

          5)Requires the IC to notify an association if a filing fails to  
            meet the standards required by this bill and specify issues  
            that are deficient to be addressed in an amended filing,  
            consistent with actuarial standards of practice published by  
            the American Academy of Actuaries and the Actuarial Standards  
            Board.

          6)Prohibits an association that receives a notification from  
            indicating that it is operating under the auspices of the  
            authority of any provision of the Insurance Code, the IC or  
            the California Department of Insurance (CDI), and shall,  
            commencing 30 days from the date of the notification, include  
            the following language or other language approved by the IC in  
            all contracts that are not regulated by CDI, and in  
            certificates evidencing coverage under those contracts: "ALL  
            OR A PORTION OF THE BENEFITS PROVIDED BY THIS CONTRACT ARE NOT  
            SUBJECT TO REGULATION BY THE CALIFORNIA DEPARTMENT OF  
            INSURANCE, AND THE CONTRACT IS NOT GUARANTEED BY THE  
            CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION."

          7)Provides that if the IC determines, after a review of the  
            filings from the associations, that the laws governing these  
            associations are inadequate to protect the interests of the  
            members of the associations, he or she shall, on or before  







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            July 1, 2017, develop and deliver recommendations to the  
            Senate and Assembly Committees on Insurance regarding changes  
            in the law necessary to protect the interests of members of  
            the associations.

          8)Recognizes that information submitted by a company pursuant to  
            those provisions and in the possession or control of the CDI  
            as confidential and privileged, exempt from disclosure by the  
            IC pursuant to the California Public Records Act, and not  
            subject to subpoena or discovery from the IC or admissible in  
            into evidence in a private civil action if obtained from the  
            IC.

          9)Sunsets on December 31, 2018.

          Background
          
          Police, peace officer, and firefighter benevolent associations  
          have been around in the United States for well over 150 years.   
          These groups formed to provide aid and assistance to injured  
          public safety employees and their dependents.  In general, the  
          benevolent associations were made up of officers in the same  
          department.  As needs and sophistication developed, the nature  
          of benefits developed as well.  
          The nature of benefits provided by these associations has grown  
          to the point where they resemble sophisticated insurance  
          products including long-term disability income (LTD) benefits  
          and long term care (LTC) benefits.  As the nature of benefits  
          has expanded, and the number of members has expanded, concerns  
          have arisen about the unregulated status of these associations.   
          These concerns have led many associations to shift from  
          self-insured arrangements (entities that keep the money, charge  
          membership fees, and pay benefits out of the funds collected) to  
          insured programs where the entities contract with a licensed  
          insurance company to provide the benefits.  

          The associations follow the pattern shared with other mutually  
          beneficial risk management arrangements exempt from insurance  
          regulation.  These associations may not sell benefits to the  
          general public, they must limit their membership to specified  
          public safety personnel, and the members must elect the  
          governing body.  It also prohibits the use of contributions from  
          its members for use as benefits for anyone other than members,  
          their dependents, or beneficiaries. 







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          The law does not limit these associations to a "one employer" or  
          "one union" model; a benefit association may be established by  
          virtually anyone as long as it meets the necessary  
          organizational qualifications.  It may offer any scope of health  
          care, disability and related benefits it chooses.  Since they  
          are organized around employment, they are often connected with  
          organized labor and frequently qualify as ERISA plans subject to  
          oversight by the U.S. Department of Labor.

          There are approximately 70 of these associations in operating in  
          California, but the following entities are among the largest.  
          The California Law Enforcement Association for police and the  
          California Association of Professional Firefighters for  
          firefighters are multi-employer associations that offer LTD  
          benefits; their joint trust, the National Peace Officers and  
          Fire Fighters Benefit Association, offers LTC benefits.  The  
          Peace Officers Research Association of California has a  
          multi-employer association that offers LTD benefits and the  
          California Correctional Peace Officers Association is a single  
          union association that offers LTD benefits.  

          Insurance regulation typically requires that an insurer must  
          have adequate resources to make good on promised benefits.  This  
          is usually, but not always, established through reserving  
          requirements.  As the sophistication of promised benefits has  
          grown, the sophistication of financial regulation to ensure  
          promised benefits has evolved as well.  However, benefit relief  
          associations are not subject to commercial insurance oversight  
          and there is no formal mechanism at the state level for  
          evaluating the financial status of the system.   

          Some associations rely on a "pay as you go" model to fund their  
          benefit promises.  That is, they are depending on the premiums  
          paid currently by active members to fund at least some of the  
          obligations owed to members who accrued their membership rights  
          in the past.  These benefit associations are voluntary; if the  
          association has to adjust contributions or benefits in a way  
          that make the product unattractive, the association could suffer  
          from adverse selection or a self-perpetuating cycle of premium  
          increase/benefit reductions and membership losses.  On the other  
          hand, some of these groups providing pay-as-you-go benefits have  
          been offering these benefits for up to 30 years and have not  
          failed to make good on promised benefits.  







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          This bill requires these associations to provide an opinion by a  
          qualified actuary with supporting memoranda regarding the  
          associations' reserves and related practices are actuarially  
          sound.  The IC will review and analyzes all of these opinions  
          and advise the Legislature on any recommended changes to  
          existing law necessary to ensure members receive promised  
          benefits.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified8/20/15)


          California Correctional Peace Officers Association Benefit Trust  
          Fund (co-source)
          California Firefighters' Association (co-source)
          Peace Officers Research Association of California (co-source)
          Anaheim Police Association
          California Correctional Peace Officers Association
          Madera Police Officers Association
          Monterey County Probation Association
          Oakland Police Officers Association
          San Bernardino County Safety Employees' Benefit Association
          Santa Monica Police Officers Association
          Shasta County Deputy Sheriffs Association
          Simi Valley Police Officers' Association
          Ventura County Deputy Sheriffs' Association


          OPPOSITION:   (Verified8/20/15)


          None received


          ARGUMENTS IN SUPPORT:     According to the California  
          Correctional Peace Officers Association Benefit Trust Fund, this  
          bill is intended to insure that benefits offered to, and paid  
          for, by peace officers and firefighters are actually available  
          when they need them.  The primary mechanism for carrying out  
          this goal is to insure that such benefits are offered on an  







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          actuarially sound basis.  The trust notes that AB 1072 does not  
          propose to regulate these associations on the same basis as  
          insurance companies offering similar products.  Rather it  
          proposes only a one-time check to insure the fiscal soundness of  
          the programs.
           

          ASSEMBLY FLOOR:  79-0, 5/11/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood
          NO VOTE RECORDED:  Atkins

          Prepared by:Erin Ryan / INS. / (916) 651-4110
          8/21/15 10:37:45


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