BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   AB 820|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 820
          Author:   Conway (R)
          Amended:  As introduced
          Vote:     21

           
           SENATE PUBLIC EMP. & RET. COMMITTEE  :  7-0, 6/8/09
          AYES:  Correa, Ashburn, Benoit, Ducheny, Liu, Padilla,  
            Wiggins

           SENATE APPROPRIATIONS COMMITTEE  :  11-0, 6/29/09
          AYES:  Kehoe, Cox, Corbett, Leno, Oropeza, Price, Runner,  
            Walters, Wolk, Wyland, Yee
          NO VOTE RECORDED:  Denham, Hancock

          ASSEMBLY FLOOR  :  73-0, 05/14/09 - See last page for vote


           SUBJECT :    Public employees

           SOURCE  :     Department of Personnel Administration


           DIGEST  :    This bill makes the self-funded group legal  
          services plan currently offered to state employees also  
          available to retirees.  The bill also authorizes the  
          Department of Personnel Administration to directly bill a  
          retiree if there are insufficient funds in the retiree's  
          benefit allowance to pay the premium for the vision care  
          program and provides that monies in the vision care program  
          are continuously appropriated.

           ANALYSIS  :    
                                                           CONTINUED





                                                                AB 820
                                                                Page  
          2


          Existing law on the Legal Plan:

          1.Authorizes the Department of Personnel Administration  
            (DPA) to enter into contracts to purchase various  
            insurance benefits for excluded and exempt employees  
            (managers and supervisors).

          2.Provides that the individual Memoranda of Understanding  
            for the 21 bargaining units authorize participation  
            eligibility for rank-and-file state employees.

          3.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  
            dependents.

          4.Provides that the Legal Plan is only available to active  
            employees and their eligible dependents via post-tax  
            payroll deduction.

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

          Existing law on the Vision Care Program:

          1.Establishes the Vision Care Program and the Vision Care  
            Program for State Annuitants Fund.

          2.Provides that state retirees participating in the Vision  
            Care Program are required to pay 100 percent of the costs  
            of the premiums and a small surcharge that covers the  
            costs associated with administering the Vision Care  
            Program.

          This bill:

          1.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.








                                                                AB 820
                                                                Page  
          3

          2.Authorizes 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.

          3.Provides that monies in the Vision Care Program are  
            continuously appropriated.

          This bill is identical to SB 1601 (Negrete McLeod), which  
          was vetoed by the Governor last year due to 2008-09 State  
          Budget delay.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee analysis,  
          DPA indicates that administrative costs to expand the legal  
          plan to retirees would be minor, and ongoing program costs,  
          including administration, would be covered by retiree  
          contribution.

           SUPPORT  :   (Verified  7/1/09)

          Department of Personnel Administration (source)
          California Public Employees' Retirement System Board of  
          Administration
          California State Employees Association

           ARGUMENTS IN SUPPORT  :    According to the sponsor, DPA,  
          "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.

          "The Vision Care Program for State Annuitants, unlike most  
          of the state's benefit programs, requires an annual  
          appropriation.  SB 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."








                                                                AB 820
                                                                Page  
          4

          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 an additional vision care premium costs with  
          after-tax dollars."


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Anderson, Arambula, Beall, Bill Berryhill,  
            Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley,  
            Buchanan, Caballero, Charles Calderon, Carter, Chesbro,  
            Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,  
            Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuller, Furutani, Galgiani, Gilmore, Hagman, Hall,  
            Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,  
            Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie  
            Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,  
            Niello, Nielsen, John A. Perez, V. Manuel Perez,  
            Portantino, Price, Ruskin, Salas, Silva, Skinner,  
            Solorio, Audra Strickland, Swanson, Torlakson, Torres,  
            Torrico, Tran, Villines, Yamada
          NO VOTE RECORDED:  Ammiano, Fuentes, Gaines, Garrick,  
            Saldana, Smyth, Bass


          DLW:cm  7/1/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****