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AB-166 Public employees: Medicare.(1995-1996)

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AB166:v96#DOCUMENT

Assembly Bill No. 166
CHAPTER 318

An act to amend Sections 22009.03, 22009.1, 22156, 22208, 22302, and 22560 of the Government Code, relating to public employees, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  July 29, 1996. Approved by Governor  July 29, 1996. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 166, Cannella. Public employees: Medicare.
Existing law authorizes the State Teachers’ Retirement System, until July 1, 1995, to apply to the Board of Administration of the Public Employees’ Retirement System for elections among certificated employees who are members of the State Teachers’ Retirement System for the election of Medicare coverage.
This bill would extend that date to July 1, 1999, and would repeal the provision on January 1, 2000, and make related changes in other statutes. This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:


SECTION 1.

 Section 22009.03 of the Government Code is amended to read:

22009.03.
 “Public agency” also includes a school district, a county superintendent of schools, and a regional occupational center or program established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, with respect to employees eligible for membership in the State Teachers’ Retirement System.
This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 2.

 Section 22009.1 of the Government Code is amended to read:

22009.1.
 “Retirement system” includes:
(a)  A pension, annuity, retirement or similar fund or system established by a public agency and covering only positions of that agency.
(b)  The Public Employees’ Retirement System with respect only to employees of the state and employees of the University of California in positions covered by that system.
(c)  The Public Employees’ Retirement System with respect to employees of all school districts in positions covered under each contract entered into by a county superintendent of schools and the system.
(d)  The State Teachers’ Retirement System with respect to all employees in positions covered by that system except employees of a public agency having any employees in positions covered by such system who are also in positions covered by a local retirement system for the retirement of teachers, or for membership in which public school teachers are eligible, operated by city, city and county, county or other public agency or combination of public agencies of the state.
(e)  The Legislators’ Retirement System with respect to all employees in positions covered by that system.
(f)  The Judges’ Retirement System with respect to all employees in positions covered by that system.
(g)  The University of California Retirement System only with respect to all employees in positions covered by that system.
(h)  The San Francisco City and County Employees’ Retirement System with respect to all employees in positions covered by that system.
(i)  Any other retirement system with respect only to employees of any two or more of the public agencies having employees in positions covered by such system, as designated by the board and with regard to which the board authorizes conduct of a referendum.
(j)  Any retirement system with respect only to employees of a hospital which is an integral part of a city incorporated between January 15, 1898 and July 15, 1898 in positions covered by the system, as designated by the board on request of the city.
(k)  Except as otherwise provided in subdivisions (b) through (j) above, any retirement system with respect to employees of each of the public agencies having employees in positions covered by the system.
( l)  Each division or part of a retirement system, as defined in subdivisions (a), (b), (c), (e), (g), (h), (i), (j), (k), and (m) of this section, which is divided pursuant to this chapter into two parts:
(1)  The part composed of the positions of members of such system who desire coverage under the federal system.
(2)  The part composed of the positions of members of such system who do not desire coverage under the federal system.
(m)  The State Teachers’ Retirement System with respect to all employees of each public agency, as defined by Section 22009.03, in positions covered by that system. This subdivision shall become inoperative on July 1, 1999.

SEC. 3.

 Section 22156 of the Government Code is amended to read:

22156.
 (a)  A division of the State Teachers’ Retirement System is hereby authorized by the Legislature to provide Medicare coverage for employees of a public agency as defined in Section 22009.03, upon the request of the public agency.
(b)  The division authorized by subdivision (a) shall be conducted pursuant to this article.
(c)  A member of the State Teachers’ Retirement System on whose behalf a request is made pursuant to subdivision (a), may elect to be covered by Medicare, pursuant to Section 218 of the federal Social Security Act (42 U.S.C. Sec. 418), and applicable federal regulations if (1) the member was employed in a position covered by the system on March 31, 1986, and (2) the member has not since been mandated into Medicare coverage due to the enactment of Public Law 99-272, and (3) the member is in a position covered or the member is eligible to elect to be covered by the retirement system on the date of the division.
(d)  The public agency shall, immediately after the elections authorized in subdivision (b) have been made, make application pursuant to Chapter 2 (commencing with Section 22200) of this part for Medicare coverage for those members who have elected to receive Medicare coverage.
(e)  The effective date of the coverage may be retroactive a maximum of five years but not earlier than January 1, 1987.
(f)  This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 4.

 Section 22208 of the Government Code is amended to read:

22208.
 With respect to each retirement system coverage group, the legislative or governing body of every public agency having employees in positions covered by a retirement system, may, upon the affirmative vote of a majority of eligible retirement system employees of the retirement system coverage group at a referendum conducted in accordance with Article 2 (commencing with Section 22300) of this chapter and the rules and regulations promulgated by the board pursuant to this part, make formal application to the board for the inclusion of the employees in each retirement system coverage group in the agreement. With respect to employees in positions covered by the retirement system set forth in subdivision (d) of Section 22009.1, the formal application shall be deemed to be made, if made prior to July 1, 1999, by the legislative or governing body of a public agency as defined in Section 22009.03, or if on or after July 1, 1999, by the Teachers’ Retirement Board.

SEC. 5.

 Section 22302 of the Government Code is amended to read:

22302.
 In the case of employees in positions covered by the retirement system set forth in subdivision (d) of Section 22009.1, if prior to July 1, 1999, the legislative or governing body of a public agency as defined in Section 22009.03, or if on or after July 1, 1999, the Teachers’ Retirement Board shall conduct the referendum; if the referendum is authorized by the Legislature.
In the case of employees in positions covered by the retirement system set forth in subdivision (g) of Section 22009.1 the board shall authorize the referendum upon the request of the Regents of the University of California and the Regents shall conduct the referendum.

SEC. 6.

 Section 22560 of the Government Code is amended to read:

22560.
 The board shall charge or assess each public agency as defined in Section 22009.03 and each public agency shall pay and reimburse the state at the times and in the amounts as the board may determine, the approximate cost to the state, of any and all work, services, equipment, and other administrative costs relating to a division under Article 2.5 (commencing with Section 22150) of Chapter 1 of this part or the referendum provided by Article 2 (commencing with Section 22300) of Chapter 2 of this part and requested by the agency. The charges may differ from public agency to public agency.

SEC. 7.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to continue the Medicare coverage of certificated school employees, this act must take effect immediately.