Amended IN Assembly March 18, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1092Introduced by Assembly Member Mayes(Coauthors: Assembly Members Berman, Daly, Friedman, Grayson, and Levine)(Coauthors: Senators Allen, Caballero, and Glazer)February 18, 2021 An act to amend Section 18934 of add Section 21228 to the Government Code, relating to public employment.LEGISLATIVE COUNSEL'S DIGESTAB 1092, as amended, Mayes. State employment applications. Public employees retirement: health benefits.Existing law, the Public Employees Retirement Law (PERL), creates the Public Employees Retirement System (PERS), which provides defined benefits to its members based on age at retirement, service credit, and final compensation. PERL vests the Board of Administration of PERS with management and control of the system.Existing law, the Public Employees Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of PERS, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA authorizes an employee or annuitant, as those terms are defined, of the state to enroll in a health benefit plan approved or maintained by the Board of Administration of PERS. The act generally requires the state and each employee or annuitant to contribute a portion of the cost of providing the benefit coverage afforded under the approved health benefit plan in which the employee or annuitant is enrolled.PEMHCA establishes the Public Employees Contingency Reserve Fund for the purpose of funding health benefits and funding administrative expenses. This fund is continuously appropriated, except with respect to administrative purposes, as specified. PEMHCA also establishes the Annuitants Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs.This bill would preclude a person who has retired under PERS and who obtains work with a subsequent employer from receiving any health benefits offered under PEMHCA if the persons subsequent employer offers health care coverage that provides reasonably comparable benefits. The bill would grant the person reinstatement rights upon termination of employment with the subsequent employer. The bill would authorize the board to request information regarding employment and health care coverage offered by a persons subsequent employer.Existing law requires an applicant for examination for state employment to file an application with the Department of Human Resources or an appointing power designated by the department as directed in the examination announcement. Existing law also requires the department or the designated appointing power, whenever it receives an application for examination that was filed online, to provide the electronic communication address of the department or the designated appointing power to the applicant, to contact the applicant using electronic communication instead of postal mail, unless the applicant specifically requests otherwise, and to inform the applicant that they will be provided with employment inquiry notifications and their score and rank on the examination using electronic communication unless the applicant specifically requests to be notified using postal mail.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 21228 is added to the Government Code, to read:21228. (a) A person who has retired under this system and obtains work with a subsequent employer shall not receive any health benefits offered under the Public Employees Medical and Hospital Care Act if the persons subsequent employer offers health care coverage to the employee that provides reasonably comparable benefits to those provided under the act.(b) If the person terminates employment with the subsequent employer, the person may have health benefits under the Public Employees Medical and Hospital Care Act reinstated.(c) For purposes of implementing this section, the board may request information regarding employment and health care coverage offered by a persons subsequent employer.SECTION 1.Section 18934 of the Government Code is amended to read:18934.(a)(1)An applicant for examination shall file an application with the department or a designated appointing power as directed in the examination announcement. An application shall be accepted free of any charge to the applicant. A filed application and all other examination materials, including examination questions and any written material, are the property of the department and are confidential records not open to inspection except as provided by law.(2)The application shall include a place for listing volunteer experience and that experience shall be considered if it is relevant to the position being applied for and shall state that relevant volunteer experience will be given consideration as qualifying experience for state employment.(b)If the department or a designated appointing power receives an application for examination that was filed online, the department or the designated appointing power shall do all of the following:(1)Provide the electronic communication address of the department or the electronic communication address of the designated appointing power to the applicant.(2)Contact the applicant using electronic communication instead of postal mail, unless the applicant specifically requests otherwise.(3)Inform the applicant that they will be provided with employment inquiry notifications and their score and rank on the examination using electronic communication, unless the applicant specifically requests to be notified using postal mail.(c)This section shall become operative on July 1, 2017.
Amended IN Assembly March 18, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1092Introduced by Assembly Member Mayes(Coauthors: Assembly Members Berman, Daly, Friedman, Grayson, and Levine)(Coauthors: Senators Allen, Caballero, and Glazer)February 18, 2021 An act to amend Section 18934 of add Section 21228 to the Government Code, relating to public employment.LEGISLATIVE COUNSEL'S DIGESTAB 1092, as amended, Mayes. State employment applications. Public employees retirement: health benefits.Existing law, the Public Employees Retirement Law (PERL), creates the Public Employees Retirement System (PERS), which provides defined benefits to its members based on age at retirement, service credit, and final compensation. PERL vests the Board of Administration of PERS with management and control of the system.Existing law, the Public Employees Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of PERS, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA authorizes an employee or annuitant, as those terms are defined, of the state to enroll in a health benefit plan approved or maintained by the Board of Administration of PERS. The act generally requires the state and each employee or annuitant to contribute a portion of the cost of providing the benefit coverage afforded under the approved health benefit plan in which the employee or annuitant is enrolled.PEMHCA establishes the Public Employees Contingency Reserve Fund for the purpose of funding health benefits and funding administrative expenses. This fund is continuously appropriated, except with respect to administrative purposes, as specified. PEMHCA also establishes the Annuitants Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs.This bill would preclude a person who has retired under PERS and who obtains work with a subsequent employer from receiving any health benefits offered under PEMHCA if the persons subsequent employer offers health care coverage that provides reasonably comparable benefits. The bill would grant the person reinstatement rights upon termination of employment with the subsequent employer. The bill would authorize the board to request information regarding employment and health care coverage offered by a persons subsequent employer.Existing law requires an applicant for examination for state employment to file an application with the Department of Human Resources or an appointing power designated by the department as directed in the examination announcement. Existing law also requires the department or the designated appointing power, whenever it receives an application for examination that was filed online, to provide the electronic communication address of the department or the designated appointing power to the applicant, to contact the applicant using electronic communication instead of postal mail, unless the applicant specifically requests otherwise, and to inform the applicant that they will be provided with employment inquiry notifications and their score and rank on the examination using electronic communication unless the applicant specifically requests to be notified using postal mail.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 18, 2021
Amended IN Assembly March 18, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1092
Introduced by Assembly Member Mayes(Coauthors: Assembly Members Berman, Daly, Friedman, Grayson, and Levine)(Coauthors: Senators Allen, Caballero, and Glazer)February 18, 2021
Introduced by Assembly Member Mayes(Coauthors: Assembly Members Berman, Daly, Friedman, Grayson, and Levine)(Coauthors: Senators Allen, Caballero, and Glazer)
February 18, 2021
An act to amend Section 18934 of add Section 21228 to the Government Code, relating to public employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1092, as amended, Mayes. State employment applications. Public employees retirement: health benefits.
Existing law, the Public Employees Retirement Law (PERL), creates the Public Employees Retirement System (PERS), which provides defined benefits to its members based on age at retirement, service credit, and final compensation. PERL vests the Board of Administration of PERS with management and control of the system.Existing law, the Public Employees Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of PERS, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA authorizes an employee or annuitant, as those terms are defined, of the state to enroll in a health benefit plan approved or maintained by the Board of Administration of PERS. The act generally requires the state and each employee or annuitant to contribute a portion of the cost of providing the benefit coverage afforded under the approved health benefit plan in which the employee or annuitant is enrolled.PEMHCA establishes the Public Employees Contingency Reserve Fund for the purpose of funding health benefits and funding administrative expenses. This fund is continuously appropriated, except with respect to administrative purposes, as specified. PEMHCA also establishes the Annuitants Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs.This bill would preclude a person who has retired under PERS and who obtains work with a subsequent employer from receiving any health benefits offered under PEMHCA if the persons subsequent employer offers health care coverage that provides reasonably comparable benefits. The bill would grant the person reinstatement rights upon termination of employment with the subsequent employer. The bill would authorize the board to request information regarding employment and health care coverage offered by a persons subsequent employer.Existing law requires an applicant for examination for state employment to file an application with the Department of Human Resources or an appointing power designated by the department as directed in the examination announcement. Existing law also requires the department or the designated appointing power, whenever it receives an application for examination that was filed online, to provide the electronic communication address of the department or the designated appointing power to the applicant, to contact the applicant using electronic communication instead of postal mail, unless the applicant specifically requests otherwise, and to inform the applicant that they will be provided with employment inquiry notifications and their score and rank on the examination using electronic communication unless the applicant specifically requests to be notified using postal mail.This bill would make nonsubstantive changes to these provisions.
Existing law, the Public Employees Retirement Law (PERL), creates the Public Employees Retirement System (PERS), which provides defined benefits to its members based on age at retirement, service credit, and final compensation. PERL vests the Board of Administration of PERS with management and control of the system.
Existing law, the Public Employees Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of PERS, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA authorizes an employee or annuitant, as those terms are defined, of the state to enroll in a health benefit plan approved or maintained by the Board of Administration of PERS. The act generally requires the state and each employee or annuitant to contribute a portion of the cost of providing the benefit coverage afforded under the approved health benefit plan in which the employee or annuitant is enrolled.
PEMHCA establishes the Public Employees Contingency Reserve Fund for the purpose of funding health benefits and funding administrative expenses. This fund is continuously appropriated, except with respect to administrative purposes, as specified. PEMHCA also establishes the Annuitants Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs.
This bill would preclude a person who has retired under PERS and who obtains work with a subsequent employer from receiving any health benefits offered under PEMHCA if the persons subsequent employer offers health care coverage that provides reasonably comparable benefits. The bill would grant the person reinstatement rights upon termination of employment with the subsequent employer. The bill would authorize the board to request information regarding employment and health care coverage offered by a persons subsequent employer.
Existing law requires an applicant for examination for state employment to file an application with the Department of Human Resources or an appointing power designated by the department as directed in the examination announcement. Existing law also requires the department or the designated appointing power, whenever it receives an application for examination that was filed online, to provide the electronic communication address of the department or the designated appointing power to the applicant, to contact the applicant using electronic communication instead of postal mail, unless the applicant specifically requests otherwise, and to inform the applicant that they will be provided with employment inquiry notifications and their score and rank on the examination using electronic communication unless the applicant specifically requests to be notified using postal mail.
This bill would make nonsubstantive changes to these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 21228 is added to the Government Code, to read:21228. (a) A person who has retired under this system and obtains work with a subsequent employer shall not receive any health benefits offered under the Public Employees Medical and Hospital Care Act if the persons subsequent employer offers health care coverage to the employee that provides reasonably comparable benefits to those provided under the act.(b) If the person terminates employment with the subsequent employer, the person may have health benefits under the Public Employees Medical and Hospital Care Act reinstated.(c) For purposes of implementing this section, the board may request information regarding employment and health care coverage offered by a persons subsequent employer.SECTION 1.Section 18934 of the Government Code is amended to read:18934.(a)(1)An applicant for examination shall file an application with the department or a designated appointing power as directed in the examination announcement. An application shall be accepted free of any charge to the applicant. A filed application and all other examination materials, including examination questions and any written material, are the property of the department and are confidential records not open to inspection except as provided by law.(2)The application shall include a place for listing volunteer experience and that experience shall be considered if it is relevant to the position being applied for and shall state that relevant volunteer experience will be given consideration as qualifying experience for state employment.(b)If the department or a designated appointing power receives an application for examination that was filed online, the department or the designated appointing power shall do all of the following:(1)Provide the electronic communication address of the department or the electronic communication address of the designated appointing power to the applicant.(2)Contact the applicant using electronic communication instead of postal mail, unless the applicant specifically requests otherwise.(3)Inform the applicant that they will be provided with employment inquiry notifications and their score and rank on the examination using electronic communication, unless the applicant specifically requests to be notified using postal mail.(c)This section shall become operative on July 1, 2017.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 21228 is added to the Government Code, to read:21228. (a) A person who has retired under this system and obtains work with a subsequent employer shall not receive any health benefits offered under the Public Employees Medical and Hospital Care Act if the persons subsequent employer offers health care coverage to the employee that provides reasonably comparable benefits to those provided under the act.(b) If the person terminates employment with the subsequent employer, the person may have health benefits under the Public Employees Medical and Hospital Care Act reinstated.(c) For purposes of implementing this section, the board may request information regarding employment and health care coverage offered by a persons subsequent employer.
SECTION 1. Section 21228 is added to the Government Code, to read:
### SECTION 1.
21228. (a) A person who has retired under this system and obtains work with a subsequent employer shall not receive any health benefits offered under the Public Employees Medical and Hospital Care Act if the persons subsequent employer offers health care coverage to the employee that provides reasonably comparable benefits to those provided under the act.(b) If the person terminates employment with the subsequent employer, the person may have health benefits under the Public Employees Medical and Hospital Care Act reinstated.(c) For purposes of implementing this section, the board may request information regarding employment and health care coverage offered by a persons subsequent employer.
21228. (a) A person who has retired under this system and obtains work with a subsequent employer shall not receive any health benefits offered under the Public Employees Medical and Hospital Care Act if the persons subsequent employer offers health care coverage to the employee that provides reasonably comparable benefits to those provided under the act.(b) If the person terminates employment with the subsequent employer, the person may have health benefits under the Public Employees Medical and Hospital Care Act reinstated.(c) For purposes of implementing this section, the board may request information regarding employment and health care coverage offered by a persons subsequent employer.
21228. (a) A person who has retired under this system and obtains work with a subsequent employer shall not receive any health benefits offered under the Public Employees Medical and Hospital Care Act if the persons subsequent employer offers health care coverage to the employee that provides reasonably comparable benefits to those provided under the act.(b) If the person terminates employment with the subsequent employer, the person may have health benefits under the Public Employees Medical and Hospital Care Act reinstated.(c) For purposes of implementing this section, the board may request information regarding employment and health care coverage offered by a persons subsequent employer.
21228. (a) A person who has retired under this system and obtains work with a subsequent employer shall not receive any health benefits offered under the Public Employees Medical and Hospital Care Act if the persons subsequent employer offers health care coverage to the employee that provides reasonably comparable benefits to those provided under the act.
(b) If the person terminates employment with the subsequent employer, the person may have health benefits under the Public Employees Medical and Hospital Care Act reinstated.
(c) For purposes of implementing this section, the board may request information regarding employment and health care coverage offered by a persons subsequent employer.
(a)(1)An applicant for examination shall file an application with the department or a designated appointing power as directed in the examination announcement. An application shall be accepted free of any charge to the applicant. A filed application and all other examination materials, including examination questions and any written material, are the property of the department and are confidential records not open to inspection except as provided by law.
(2)The application shall include a place for listing volunteer experience and that experience shall be considered if it is relevant to the position being applied for and shall state that relevant volunteer experience will be given consideration as qualifying experience for state employment.
(b)If the department or a designated appointing power receives an application for examination that was filed online, the department or the designated appointing power shall do all of the following:
(1)Provide the electronic communication address of the department or the electronic communication address of the designated appointing power to the applicant.
(2)Contact the applicant using electronic communication instead of postal mail, unless the applicant specifically requests otherwise.
(3)Inform the applicant that they will be provided with employment inquiry notifications and their score and rank on the examination using electronic communication, unless the applicant specifically requests to be notified using postal mail.
(c)This section shall become operative on July 1, 2017.