BILL ANALYSIS                                                                                                                                                                                                    






          SENATE PUBLIC EMPLOYMENT & RETIREMENT      BILL NO: AB 65
          Lou Correa, Chair             Hearing date: June 22, 2009
          AB 65 (Hayashi)    as amended  6/01/09      FISCAL:   YES

           PERS:  SELF-FUNDED VISION CARE FOR RETIRED LOCAL, SCHOOL AND  
          UNIVERSITY MEMBERS
           
           HISTORY  :

              Sponsor:   Retired Public Employees Association (RPEA)

              Prior legislation:  AB 1997 (Hayashi) 2008
                         Vetoed
                             SB 235 (Negrete McLeod)
                         Chapter 344 of 2007
                            AB 1288 (Hayashi)
                         Chapter 331 of 2007
                            AB 2242 (PER&SS Committee)
                         Chapter 611 of 2006


           ASSEMBLY VOTES  :
          
              PER & SS             5-1       4/01/09
              Appropriations       12-5      5/28/09
              Assembly Floor       51-24     6/03/09
           

          SUMMARY :
          
          Would establish a self-funded vision care program for retired  
          local members, school members, and university members to be  
          administered by the California Public Employees' Retirement  
          System (PERS) effective on or before January 1, 2011.


           BACKGROUND AND ANALYSIS  :

          1)   Existing law  :

            a)  requires the Department of Personnel Administration  
            (DPA) to establish and administer the Vision Care Program  
            for State Annuitants,
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            b)  provides, pursuant to  Chapter 611 of 2006  , that the  
            premium cost to participate in the Vision Care Program for  
            State Annuitants is paid for entirely by the participant,





































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          Date:  6/02/09                                         Page 2  










            c)  establishes, pursuant to  Chapter 331 of 2007  , the  
            County Retirement System Vision Care Program to provide  
            vision care benefits to retired employees of counties  
            operating retirement systems under the County Employees'  
            Retirement Law of 1937 ('37 Act), providing that the  
            retiree is responsible for the full cost of the vision care  
            premium, and

            d)  allows, pursuant to  Chapter 344 of 2007  ,  annuitants of  
            the California State University (CSU) system to participate  
            in the newly created California State University Annuitant  
            Vision Care Program, and requires the Office of the  
            Chancellor of the CSU to administer the program for all  
            participating annuitants of the institution.

          2)   This bill  :

            a)  authorizes PERS to contract with one or more vision  
            care plans, as specified, in order to provide the vision  
            care program for retired PERS local, school, and university  
            members,

            b)  specifies that the retiree electing coverage is  
            responsible for the monthly vision care premium and  
            requires the premium to be deducted from the participant's  
            monthly retirement allowance,

            c)  creates the Retired Public Employees Vision Care  
            Program Fund in the State Treasury, as specified, where all  
            premiums received from participants in the program will be  
            deposited,

            d)  specifies that any contract entered into by the PERS  
            Board will only take effect if funds have been made  
            available to cover the program's startup costs,

            e)  specifies that the vision care premiums are to be used  
            for the cost of providing benefits to enrollees, the  
            payment of claims for vision care benefits, administrative  
            costs, and any reasonable startup costs incurred by the  
            PERS Board,

            f)  allows the PERS Board to discontinue the program, upon  
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            written notice to the enrollees, if the Board determines  
            that it is not economically feasible to continue its  
            operation; enrollees must be informed of the plan  
            termination at least three months prior to the termination  
            date, and

            g)  requires the PERS Board to implement the program on or  
            before January 10, 2010.

































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          Date:  6/02/09                                         Page 4  










           FISCAL EFFECT  :  
           
          According to the Assembly Appropriations Committee analysis:

            "Annual costs for vision care are entirely self-funded  
            through premiums charged to members participating in the  
            program.  

            The premiums currently charged to state retirees  
            participating in a similar program administered by the  
            Department of Personnel Administration are $9 per month for  
            the member, $17 per month for the member and one dependent,  
            and $18 per month for a member and two or more dependents.

            Administrative costs to CalPERS, about $200,000 per year,  
            will also be covered by the premiums charged to members.   
            First year costs would need to be covered through a loan  
            either from the General Fund or from the contracting vision  
            care plans.  These loans would be repaid from premium  
            payments collected over time."


           COMMENTS  :
          
          1)   Arguments in support  

          According to the sponsor:

            "Vision care is an important, yet under appreciated  
            preventive health care service.  In 2006, the National  
            Institute of Health estimated that over 11 million  
            Americans had an uncorrected visual impairment.  Vision  
            loss is often accepted as a normal part of aging, but  
            regular eye exams and conscious vision care can make a  
            difference - not just in how well we see, but in our  
            overall health and quality of life.  Eye exams can detect  
            diseases, such as diabetes and hypertension, that otherwise  
            might go undiagnosed and therefore untreated.  As  
            Californians live longer lives, maintaining good vision is  
            an important part of staying active and independent."

          Supporters conclude:

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          Date:  6/02/09                                         Page 5  










            "AB 65 will make vision care available for retired local  
            government employees similar to the vision care now  
            available for retired state employees.  This legislation  
            will allow them the necessary access to vision care  
            treatment, at an affordable price, resulting in a greater  
            number of retirees and California residents utilizing  
            vision care services."


































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          Date:  6/02/09                                         Page 6  










          2)   Similar bill vetoed last year  

           This bill  is similar to AB 1997 (Hayashi) of 2008 which was  
          vetoed by the Governor due to the 2008-2009 State Budget  
          delay.  The veto message states:

            "The historic delay in passing the 2008-2009 State Budget  
            has forced me to prioritize the bills sent to my desk at  
            the end of the year's legislative session.  Given the  
            delay, I am only signing bills that are the highest  
            priority for California.  This bill does not meet that  
            standard and I cannot sign it at this time."

          3)   SUPPORT  :

               American Federation of State, County and Municipal  
          Employees (AFSCME)
               California Alliance for Retired Americans (CARA)
               California Federation of Teachers (CFT)
               California Professional Firefighters (CPF)
               CalPERS Board of Administration, support if amended
               Glendale City Employees Association 
               Organization of SMUD Employees
               San Bernardino Public Employees Association
               San Luis Obispo County Employees Association
               Santa Rosa City Employees Association

          4)   OPPOSITION  :

               None to date













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          Date:  6/02/09                                         Page 7  


















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          David Felderstein
          Date:  6/02/09                                         Page 8