BILL NUMBER: AB 107 AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 10, 1999 INTRODUCED BY AssemblyMember KnoxMembers Knox and Villaraigosa DECEMBER 22, 1998 An act to add Article 9 (commencing with Section 22867) to Chapter 1 of Part 5 of Division 5 of Title 2 of the Government Code, relating to the Public Employees' Medical and Hospital Care Act. LEGISLATIVE COUNSEL'S DIGEST AB 107, as amended, Knox. Public employees' health benefits: domestic partners. The existing Public Employees' Medical and Hospital Care Act authorizes the Board of Administration of the Public Employees' Retirement System to provide health benefits plan coverage to state and local public employees and annuitants and their family members. This bill would authorize the state and local employers to elect to include within the definition of "family member," domestic partners, as defined, who have submitted certificates of eligibility to the board. This bill would require forms containing specified information to be filed under penalty of perjury, thereby extending the scope of the existing crime of perjury and imposing a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 9 (commencing with Section 22867) is added to Chapter 1 of Part 5 of Division 5 of Title 2 of the Government Code, to read: Article 9. Domestic Partners 22867. It is the purpose of this article to provide employers the ability to offer health care coverage through this part to the domestic partners of their employees and annuitants. 22868. For this part only, and only for the purposes of providing health care coverage pursuant to this part, a domestic partner is an adult in a domestic partnership as defined in Section 22869 who has submitted to the system on a form designated by the board a certificate of eligibility pursuant to Section 22872. 22869. For this part only, and only for the purposes of providing health care coverage pursuant to this part, a domestic partnership exists when all of the following occur: (a) Both persons have a common residence. (b) One of the persons is enrolled as an employee or annuitant of an employer contracting with the board for health benefits coverage. (c) Both persons share the common necessities of life and agree to be jointly responsible for each other's basic living expenses during the domestic partnership. (d) Neither person is married nor a member of another domestic partnership. (e) The two persons are not related by blood in a way that would prevent them from being married to each other in this state. (f) Both persons are at least 18 years of age. (g) Both persons file a certificate of eligibility pursuant to Section 22872. 22870. (a) For the purposes of this part only, a domestic partnership shall terminate when any of the following occurs: (1) One partner gives or sends to the other partner a notarized, written notice that he or she is terminating the partnership. (2) One of the domestic partners dies. (3) One of the domestic partners marries. (4) The domestic partners no longer have a common residence. A temporary separation resulting from work-, education-, or health-related requirements shall not constitute the cessation of a common residence. (b) Upon termination of the partnership, the employee or annuitant shall notify the board by filing, on a form designated by the board, a certification of termination of eligibility. The form shall include a statement whereby the employee or annuitant shall certify under penalty of perjury,that he or she has notified his or her domestic partner of the termination of the partnership. All benefits provided by this article shall cease as of the last day of the month following the receipt of the certification of termination of eligibility. (c) No person who was a member of a domestic partnership that was terminated pursuant to this section shall be eligible for health coverage pursuant to this article until at least six months after the effective date of the certification of termination of eligibility that terminated the previous partnership. 22871. Notwithstanding any other provision of law, a domestic partner shall be included in the definition of a family member for purposes of Sections 22777, 22778, subdivision (a) of Section 22791, Sections 22811, 22811.5, 22811.6, 22812, 22813, 22815, subdivision (c) of Section 22816, Sections 22816.3, 22816.35, 22817, 22819, 22823, subdivision (a) of Section 22825, subdivision (a) of Section 22825.1, Section 22825.7, paragraph (1) of subdivision (b) of Section 22840.2, subdivision (f) of Section 22840.2, subdivision (b) of Section 22856, and Section 22859. 22871.1. Notwithstanding Section 22871 or any other provision of law, a domestic partner shall not be included in the definition of a family member for purposes of subdivisions (e) and (f) of Section 22754, subdivision (a) of Section 22811.6, and Section 22821. 22871.2. Notwithstanding subdivision (f) of Section 22754 or any other provision of law, a domestic partner shall be considered to be a family member for purposes of Section 22810 except that a domestic partner shall not be considered a family member for purposes of continued health coverage eligibility upon the death of the employee or annuitant. 22872. (a) In order to receive any benefit provided by this article, an employee or annuitant and his or her domestic partner shall complete, have notarized, and file on a form designated by the board, a certificate of eligibility. (b) The form shall also include a signed statement indicating that the employee or annuitant agrees that he or she may be required to reimburse the employer, their designated health services plan, and the system, for any expenditures made by the employer, their designated health services plan, and the system, for medical claims, processing fees, administrative charges, costs, and attorney's fees on behalf of the domestic partner if any of the submitted documentation is found to be incomplete, inaccurate, or fraudulent. 22873. (a) Any employer may, at its option, offer health benefits pursuant to this article, to the domestic partners of all of its employees and annuitants. (b) The employer shall notify the board, in a manner prescribed by the board, that it is electing to provide health care coverage through this article to the domestic partners of its employees and annuitants. (c) The employer shall provide to the system any information deemed necessary by the board to determine eligibility under this article. 22874. Notwithstanding any other provision of law, this article shall not be construed to extend any vested rights to any person nor be construed to limit the right of the Legislature to subsequently modify or repeal any provision of this article.22875. This article shall become applicable to state members only if the Governor issues an executive order authorizing coverage under this article or if every state bargaining unit has signed a memorandum of understanding to become subject to this article. The memorandum of understanding shall be agreed to by the state employer and the recognized employee organization. Once the Governor has issued an executive order or all the bargaining units have signed a memorandum of understanding, this article shall become applicable to all state members. 22876. Notwithstanding Section 22875, this article22875. This article shall apply to members of the Public Employees' Retirement System who are employed by the Assembly, the Senate, the Judicial Council, and the California State University only if the Assembly Rules Committee, the Senate Rules Committee, the Judicial Council, and the Board of Trustees of the California State University, respectively, make this section applicable to their employees. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.