SB 95 — State employees: memorandum of understanding.

Summary

(1) Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act. This bill would approve provisions of a memorandum of understanding entered into between the state employer and State Bargaining Unit 6, the California Correctional Peace Officers Association, that require the expenditure of funds, and would provide that these provisions will become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act. This bill would provide that provisions of the memorandum of understanding approved by this bill that require the expenditure of funds will not take effect unless funds for those provisions are specifically appropriated by the Legislature, and would require the state employer and the affected employee organization to meet and confer to renegotiate the affected provisions if funds for those provisions are not specifically appropriated by the Legislature. The bill would appropriate $31,869,000 in augmentation of certain items of the Budget Act of 2015, according to a specified schedule, for State Bargaining Unit 6 employee compensation for expenditure in the 2015–16 fiscal year. The bill would appropriate to the Controller from the General Fund, unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the memoranda of understanding described above if the Budget Act is not enacted on or before July 1 in the 2016–17 or 2017–18 fiscal years, as specified. (2) The Public Employees' Medical and Hospital Care Act (PEMHCA) , which is administered by the Board of Administration of the Public Employees' Retirement System, prescribes methods for calculating the state employer contribution for postemployment health care benefits for eligible retired public employees and their families and for the vesting of these benefits. PEMHCA requires the employer contribution for an employee or annuitant who is in employment or retired from state service to be adjusted by the Legislature in the annual Budget Act, as specified. PEMHCA prescribes different ways of calculating the employer contributions for employees and annuitants depending on date of hire, years of service, and bargaining unit. This bill, for state employees who are first employed and become members of the retirement system on or after January 1, 2017, and are represented by State Bargaining Unit 6, as specified, would limit the employer contribution for annuitants to 80% of the weighted average of the health benefit plan premiums for an active employee enrolled for self-alone, during the benefit year to which the formula is applied, for the 4 health benefit plans with the largest state civil service enrollment, as specified. The bill would similarly limit the employer contribution for an enrolled family member of an annuitant to 80% of the weighted average of the additional premiums required for enrollment of those family members during the benefit year to which the formula is applied and would provide the same limit on employer contributions for annuitants enrolled in Medicare health benefit plans. (3) PEMHCA requires state employees to have a specified number of years of state service, depending on hiring date and other factors, before they may receive any portion of the employer contribution payable for annuitants for postretirement health benefits and increases the percentage they may receive based upon additional years of service. This bill would prohibit state employees who are first employed and become members of the retirement system on or after January 1, 2017, and are represented by State Bargaining Unit 6, as specified, from receiving any portion of the employer contribution payable for annuitants unless the person is credited with at least 15 years of state service at the time of retirement. The bill would prescribe the percentage of the employer contribution payable for postretirement health benefits for these employees based on the number of completed years of credited state service at retirement, with 50% after 15 credited years of service and 100% after 25 or more years of service. (4) Existing law permits the state to assume a function from a public agency and the related personnel and, in this circumstance, prohibits service being credited pursuant to specified provisions for purposes of employer contributions for postretirement health benefits, unless certain conditions are met. This bill would additionally apply the prohibition described above to specified formulations for the payment of employer contributions for postretirement health benefits that are related to Bargaining Units 6, 9, 10, and 12. (5) PEMHCA generally requires that an employee or annuitant who is enrolled in, or whose family member is enrolled in, a Medicare health benefit plan be paid the amount of the Medicare Part B premiums, as specified, and prohibits this payment from exceeding the difference between the maximum employer contribution and the amount contributed by the employer toward the cost of premiums for the health benefit plan in which the employee or annuitant and his or her family members are enrolled. Existing law excepts from this requirement state employees who are first employed and become members of the retirement system on or after January 1, 2016, and are represented by State Bargaining Unit 9 or 10. This bill would also except from the requirement described above state employees who are first employed and become members of the retirement system on or after January 1, 2017, and are represented by State Bargaining Unit 6, as specified. (6) PEMHCA establishes the Public Employees' Contingency Reserve Fund for the purpose of funding health benefits and funding administrative expenses. PEMHCA establishes the Annuitants' Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding of health care coverage for annuitants, including administrative costs. PEMHCA defines "prefunding" for these purposes. Existing law requires the state and employees of State Bargaining Unit 9 or 10 to prefund retiree health care with the goal of reaching a 50% cost sharing of normal costs by July 1, 2019, and prescribes schedules of contribution percentages in this regard. This bill would require the state and employees of State Bargaining Unit 6 to prefund retiree health care with the goal of reaching a 50% cost sharing of normal costs by July 1, 2018, and would prescribe a schedule of contribution percentages in this regard, with the contributions to be deposited in the Annuitants' Health Care Coverage Fund. By depositing new revenue in a continuously appropriated fund, this bill would make an appropriation. (7) Existing law, the State Employees' Dental Care Act, authorizes the state to enter into contracts, upon negotiations with employee organizations, with carriers for dental care plans for employees, annuitants, and eligible family members. Existing law permits these plans to include premiums to be paid by employees and annuitants and also authorizes the plans to be self-funded if an employer determines it to be cost effective. Existing law prohibits specified employees from receiving an employer contribution for these benefits for annuitants unless the person is credited with 10 or more years of state service. This bill would prohibit state employees, as specified, who are first employed and become members of the retirement system on or after January 1, 2017, and are represented by State Bargaining Unit 6 from receiving an employer contribution for dental benefits, as described above, for annuitants unless the person is credited with 15 or more years of state service. The bill would prescribe the percentage of the employer contribution payable for these dental benefits for these employees based on the number of completed years of credited state service at retirement, with 50% after 15 credited years of service and 100% after 25 or more years of service. (8) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

• Chaptered 05/10/16 - Chaptered Current pdf May 10, 2016
• Enrolled 04/29/16 - Enrolled pdf April 29, 2016
• Amended 04/11/16 - Amended Assembly pdf April 11, 2016
• Introduced 01/09/15 - Introduced pdf January 09, 2015
• SB95 View text html

Action History

1. May 10, 2016

   Chaptered by Secretary of State. Chapter 12, Statutes of 2016.

2. May 10, 2016

   Approved by the Governor.

3. May 04, 2016

   Enrolled and presented to the Governor at 2:30 p.m.

4. April 28, 2016

   Assembly amendments concurred in. (Ayes 31. Noes 2. Page 3707.) Ordered to engrossing and enrolling.

5. April 25, 2016

   In Senate. Concurrence in Assembly amendments pending.

6. April 25, 2016

   Read third time. Passed. (Ayes 74. Noes 0. Page 4503.) Ordered to the Senate.

7. April 21, 2016

   Ordered to third reading.

8. April 21, 2016

   Withdrawn from committee.

9. April 21, 2016

   Assembly Rule 96 suspended.

10. April 11, 2016

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

11. March 23, 2015

    Referred to Com. on BUDGET.

12. March 23, 2015

    In Assembly. Read first time. Held at Desk.

13. March 23, 2015

    Read third time. Passed. (Ayes 23. Noes 13. Page 384.) Ordered to the Assembly.

14. March 19, 2015

    Read second time. Ordered to third reading.

15. March 18, 2015

    From committee: Ordered to second reading.

16. February 05, 2015

    Referred to Com. on RLS.

17. January 12, 2015

    Read first time.

18. January 12, 2015

    From printer. May be acted upon on or after February 11.

19. January 09, 2015

    Introduced. To Com. on RLS. for assignment. To print.

Sponsors

• Committee on Budget and Fiscal Review · Primary

Votes

Subjects