BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1072| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 1072 Page 2 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 AB 1072 Page 3 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 AB 1072 Page 4 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. AB 1072 Page 5 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. AB 1072 Page 6 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 AB 1072 Page 7 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 **** END ****