BILL NUMBER: AB 107 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 24, 1999
AMENDED IN ASSEMBLY MARCH 10, 1999
INTRODUCED BY Assembly Members 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.
(c) Both persons agree to be jointly responsible for each others
basic living expenses incurred 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 apply to (a) only those employees
who are members of bargaining units which have signed a memorandum of
understanding between their employer and the recognized employee
organization to adopt the benefits accorded under this article, and
(b) to the 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.