BILL NUMBER: AB 1978 CHAPTERED 07/19/00 CHAPTER 143 FILED WITH SECRETARY OF STATE JULY 19, 2000 APPROVED BY GOVERNOR JULY 19, 2000 PASSED THE SENATE JULY 6, 2000 PASSED THE ASSEMBLY JULY 6, 2000 AMENDED IN SENATE JUNE 7, 2000 AMENDED IN ASSEMBLY MAY 2, 2000 INTRODUCED BY Assembly Member Cedillo (Principal coauthors: Assembly Members Bock and Villaraigosa) (Coauthors: Assembly Members Ashburn, Calderon, Cunneen, Davis, Ducheny, Firebaugh, Honda, Kuehl, Lempert, Longville, Maldonado, Mazzoni, Robert Pacheco, Reyes, Romero, Shelley, Strickland, Strom-Martin, Washington, Wiggins, and Zettel) (Coauthors: Senators Alarcon, Hayden, Johnston, Ortiz, Solis, and Speier) FEBRUARY 18, 2000 An act to add Chapter 3.5 (commencing with Section 12400) to Part 3 of Division 9 of the Welfare and Institutions Code, relating to human services, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1978, Cedillo. SSP benefits for veterans. Existing law provides for the State Supplementary Program (SSP) for the Aged, Blind and Disabled, 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. This bill would provide benefits at the same level as SSP benefits to certain veterans of World War II who return to the Republic of the Philippines and no longer have a place of residence in the state, if they were receiving SSP benefits on December 14, 1999. The bill would require the Secretary of the California Health and Human Services Agency to seek an agreement with the federal government to provide for the administration of the bill in conjunction with the administration of certain federal benefits. The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature that the same level of benefits that are made available under the State Supplementary Program (SSP) for the Aged, Blind, and Disabled to those veterans of World War II who were receiving SSP benefits on December 14, 1999, be provided as a California veterans benefit to those courageous soldiers who were members of the Government of the Commonwealth of the Philippines military forces who were in the service of the United States on July 31, 1941, or thereafter. SEC. 2. The Legislature finds and declares the following: (a) Included among those military forces described in Section 1 of this act were the organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief of the Southwest Pacific Area or other competent authority in the Army of the United States. (b) It is in the public interest for the State of California to recognize those courageous soldiers who fought and defended American interests during World War II and who are currently receiving SSP benefits as of December 14, 1999, by permitting them to return to their homeland to spend their last days without a complete forfeiture of benefits. SEC. 3. Chapter 3.5 (commencing with Section 12400) is added to Part 3 of Division 9 of the Welfare and Institutions Code, to read: CHAPTER 3.5. BENEFITS FOR CALIFORNIA VETERANS 12400. (a) Notwithstanding any other provision of law, any person receiving benefits under Section 12200 on December 14, 1999, and who meets the requirements of subdivision (b) shall be eligible to receive benefits under this chapter although he or she does not retain a residence in the state and returns to the Republic of the Philippines, if he or she maintains a permanent residence in the Republic of the Philippines without any lapse of his or her presence in the Republic of the Philippines for a period of more than 30 consecutive days in any period of 12 months and without a lapse of his or her presence in the Republic of the Philippines for two periods of 30 consecutive days during a period of three years. (b) A person subject to subdivision (a) shall be eligible to receive benefits pursuant to this chapter if he or she was receiving benefits pursuant to subdivision (a), (b), (c), or (d) of Section 12200 on December 14, 1999, and meets both the following requirements: (1) He or she is a veteran of World War II. (2) He or she was a member of the Government of the Commonwealth of the Philippines military forces who was in the service of the United States on July 31, 1941, or thereafter. (c) Benefits under this chapter shall be calculated the same as those benefits paid under subdivision (a), (b), (c), or (d) of Section 12200, as appropriate. (d) Benefits paid under this chapter shall be in lieu of benefits paid under Section 12200 or any other provision of Article 1 (commencing with Section 12000) of Chapter 3 for the period for which the benefits are paid. (e) Benefits shall be paid under this chapter for any period during which the recipient is eligible to receive benefits under Title 8 of the federal Social Security Act as a result of the application of federal Public Law 106-169, subject to any limitations imposed by this section. (f) This section shall apply only to any individual who returns to the Republic of the Philippines for the period during which the individual establishes and maintains a residence in the Republic of the Philippines and shall cease to apply to any individual who, after receiving benefits pursuant to this section, leaves the Republic of the Philippines and establishes a residence outside the Republic of the Philippines. (g) To assist the state in administering this chapter, the Secretary of the California Health and Human Services Agency shall seek an agreement with the federal government to administer this chapter in conjunction with benefits under Title 8 of the federal Social Security Act. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to timely implement this act in a manner that would result in reduced implementation costs, it is necessary that this act take effect immediately.