BILL ANALYSIS                                                                                                                                                                                                    






          SENATE PUBLIC EMPLOYMENT & RETIREMENT     BILL NO: AB 820
          Lou Correa, Chair              Hearing date: June 8, 2009
          AB 820 (Conway)    as introduced  2/26/09   FISCAL:   YES

           STATE GROUP LEGAL SERVICES AND VISION CARE PROGRAMS CHANGES
           
           HISTORY :

              Sponsor:  Department of Personnel Administration (DPA)

              Prior legislation:  none


           ASSEMBLY VOTES  :
          
              PER & SS             6-0       4/22/09
              Appropriations       16-0      5/06/09
              Assembly Floor       73-0      5/14/09
           

          SUMMARY  :
          
          Would make changes to the Vision Care Program for State  
          Annuitants (Vision Care Program) and the Group Legal Services  
          Plan (Legal Plan) offered to state employees.


           BACKGROUND AND ANALYSIS  :

          1)   Existing law on the Legal Plan:  

            a)  authorizes DPA to enter into contracts to purchase  
            various insurance benefits for excluded and exempt  
            employees (managers and supervisors),

            b)  provides that the individual Memoranda of Understanding  
            for the 21 bargaining units authorize participation  
            eligibility for rank-and-file state employees,

            c)  provides that the  existing  Legal Plan is a voluntary  
            and fully employee-paid, designed to meet an individual's  
            most common personal legal needs, providing comprehensive  
            legal coverage for eligible employees and their eligible  
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          Date: 5/27/09                                          Page 1  










            dependents, 

            d)  provides that the Legal Plan is only available to  
            active employees and their eligible dependents via post-tax  
            payroll deduction, and

            e)  provides that once state employees separate or retire,  
            they are no longer eligible to participate in the Legal  
            Plan.
































          David Felderstein
          Date: 5/27/09                                          Page 2  










          2)   Existing law on the Vision Care Programs  :  
             
            a)  establishes the Vision Care Program and the Vision Care  
            Program for State Annuitants Fund, and

            c)  provides that state retirees participating in the  
            Vision Care Program are required to pay 100% of the costs  
            of the premiums and a small surcharge that covers the costs  
            associated with administering the Vision Care Program.

          3)   This bill  :

            a)  allows state, legislative, and judicial branch retirees  
            to participate in the Legal Plan which is currently offered  
            to state employees, provided the annuitant pays the full  
            costs of the plan, 

            b)  authorizes the Department of Personnel Administration  
            (DPA) to directly bill an annuitant if there are  
            insufficient funds in the annuitant's benefit allowance to  
            pay the premium for the Vision Care Program, and

            c)  provides that moneys in the Vision Care Program are  
            continuously appropriated.


           FISCAL EFFECT  :
          
          According to the Assembly Appropriations analysis:

            a)  DPA indicates that administrative costs to expand the  
            legal plan to retirees would be minor, and

            b)  ongoing program costs, including administration, would  
            be covered by retiree contribution.


           COMMENTS  :

          1)   Arguments in support  

          According to the sponsor, DPA:

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          Date: 5/27/09                                          Page 3  










            "Current state law does not allow state, legislative and  
            judicial retirees to participate in the Group Legal  
            Services Plan administered by DPA.  Retirees have a  
            similar, perhaps greater, need for legal services than  
            active employees.  AB 820 allows state, legislative, and  
            judicial branch retirees to participate in the Group Legal  
            Services Plan at their own expense."


































          David Felderstein
          Date: 5/27/09                                          Page 4  










            "The Vision Care Program for State Annuitants, unlike most  
            of the state's benefit programs, requires an annual  
            appropriation.  AB 820 would align this funding system to a  
            continuously appropriated fund, like other benefit  
            programs, thereby eliminating an unnecessary administrative  
            burden and ensure retirees receive services they have paid  
            for without disruption."

          According to supporters:

            "Additionally, this bill clarifies that these retirees may  
            also participate in the retiree vision care program at  
            their own expense with after-tax dollars.  There are  
            approximately 700 retirees who receive retirement checks  
            that are less than the amount of deducted expenses.   
            Retirement checks may not be enough to cover the cost of  
            health care premiums; in such cases, these retirees may pay  
            any additional vision care premium costs with after-tax  
            dollars.

          2)   SUPPORT  :

               CalPERS Board of Administration
               California State Employees Association

          3)   OPPOSITION  :

               None to date
          














          David Felderstein
          Date: 5/27/09                                          Page 5  



















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          David Felderstein
          Date: 5/27/09                                          Page 6