2007 California Government Code Part 6.1. Vision Care Program For State Annuitants

CA Codes (gov:22959.1-22959.6)

GOVERNMENT CODE
SECTION 22959.1-22959.6



22959.1.  This part shall be known and may be cited as the Vision
Care Program for State Annuitants. The purpose of this part is to do
all of the following:
   (a) Promote increased economy and efficiency in the provision of
vision benefits to annuitants.
   (b) Enable the state to use economies of scale to provide a vision
care plan similar to those commonly provided in private industry and
in other states.
   (c) Recognize and protect the state's investment in each permanent
employee's service by providing into retirement the option of a
vision care program, and to promote and preserve continued good
health among state annuitants.



22959.2.  The Vision Care Program for State Annuitants shall be
administered by the Department of Personnel Administration.



22959.3.  Unless otherwise indicated, the definition of terms in
Article 2 (commencing with Section 22760) of Part 5 apply to this
part.


22959.4.  (a) An annuitant who retires from the state may enroll in
a vision care plan offered under this part, if any of the following
apply:
   (1) The annuitant was enrolled in a health benefit plan, a dental
care plan, or vision care plan at the time of separation for
retirement, and retired within 120 days of the date of separation.
   (2) The annuitant was not enrolled in a health benefit plan, a
dental care plan, or vision care plan at the time of separation for
retirement, but was eligible for enrollment as an employee at the
time of separation for retirement, and retired within 120 days of the
date of separation.
   (3) The annuitant is part of the Legislators' Retirement System
receiving an allowance pursuant to Article 6 (commencing with Section
9359) of Chapter 3.5 of Part 1 of Division 2.
   (b) The Department of Personnel Administration has no duty to
locate or notify any annuitant who may be eligible to enroll, or to
provide names or addresses to any person, agency, or entity for the
purpose of notifying those annuitants.



22959.5.  (a) A person who was enrolled in a vision care plan at the
time he or she became an annuitant under state or federal
provisions, may continue his or her enrollment, including eligible
family members, without discrimination as to benefit coverage as an
enrolled person within this program. An annuitant who is eligible for
this program is a person who meets the requirements of Section
22959.4 and at the time of retirement was employed with the state as
one of the following:
   (1) A civil service employee of the state.
   (2) An elected member of the Legislature.
   (3) A legislative employee.
   (4) A constitutional officer.
   (5) An employee of the judicial branch of state government.
   (b) Annuitants of the California State University and University
of California systems may not participate in this program.



22959.6.  (a) The Department of Personnel Administration may
contract with one or more vision care plans for annuitants and
eligible family members, provided the carrier or carriers have
operated successfully in the area of vision care benefits for a
reasonable period, as determined by the Department of Personnel
Administration.
   (b) The Department of Personnel Administration, as the program
administrator, has full administrative authority over this program
and associated funds and shall require the monthly premium to be paid
by the annuitant for the vision care plan. The premium to be paid by
the annuitant shall be deducted from his or her monthly allowance. A
vision care plan or plans provided under this authority shall be
funded by the annuitants' premium. All premiums received from
annuitants shall be deposited in the Vision Care Program for State
Annuitants Fund, which is hereby created in the State Treasury. Any
income earned on the moneys in the Vision Care Program for State
Annuitants Fund shall be credited to the fund. The Vision Care
Program for State Annuitants Fund is available, upon appropriation by
the Legislature, for the purposes specified in subdivision (d).
   (c) An annuitant may enroll in a vision care plan provided by a
carrier that also provides a health benefit plan pursuant to Section
22850 if the employee or annuitant is also enrolled in the health
benefit plan provided by that carrier. However, nothing in this
section may be construed to require an annuitant to enroll in a
vision care plan and a health benefit plan provided by the same
carrier. An annuitant enrolled in this program shall only enroll into
a vision plan or vision plans contracted for by the Department of
Personnel Administration.
   (d) No contract for a vision care plan may be entered into unless
the Department of Personnel Administration determines it is
reasonable to do so. Notwithstanding any other provision of law, any
premium moneys paid into this program by annuitants for the purposes
of the annuitant vision care plan that is contracted for shall be
used for the cost of providing vision care benefits to eligible,
enrolled annuitants and their eligible and enrolled dependents, the
payment of claims for those vision benefits, and the cost of
administration of the vision care plan or plans under this vision
care program, those costs being determined by the Department of
Personnel Administration.
   (e) If the Director of the Department of Personnel Administration
determines that it is not economically feasible to continue this
program anytime after its commencement, the Director may, upon
written notice to enrollees and to the contracting plan or plans,
terminate this program within a reasonable time. The notice of
termination to the plan or plans shall be determined by the
Department of Personnel Administration. The notice to enrollees of
the termination of the program shall commence no later than three
months prior to the actual date of termination of the program.
   (f) Premium rates for this program shall be determined by the
Department of Personnel Administration in conjunction with the
contracted plan or plans and shall be considered separate and apart
from active employee premium rates.
   (g) The Director shall report to the Legislature, prior to the end
of the second quarter of the third plan year, on the continued
economic sustainability of the Vision Care Program for State
Annuitants.

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