2009 California Government Code - Section 22950-22959 :: Part 6. State Employees' Dental Care Act

22950.  This part may be cited as the State Employees' Dental Care
Act.

22951.  It is the purpose of this part to do all of the following:
   (a) Promote increased economy and efficiency in the state service.
   (b) Enable the state to attract and retain qualified employees by
providing dental care plans similar to those commonly provided in
private industry.
   (c) Recognize and protect the state's investment in each permanent
employee by promoting and preserving good health among state
employees.

22952.  Unless otherwise indicated, the definition of terms in Part
5 (commencing with Section 22750) apply to this part.

22953.  (a) The state, through the Department of Personnel
Administration, the Trustees of the California State University, or
the Regents of the University of California may contract, upon
negotiations with employee organizations, with carriers for dental
care plans for employees, annuitants, and eligible family members,
provided the carriers have operated successfully in the area of
dental care benefits for a reasonable period or have a contract to
provide a health benefit plan pursuant to Section 22850. The dental
care plans may include a portion of the monthly premium to be paid by
the employee or annuitant. Dental care plans provided under this
authority may be self-funded by the employer if it is determined to
be cost-effective.
   (b) An employee or annuitant may enroll in a dental 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
employee or annuitant to enroll in a dental care plan and a health
benefit plan provided by the same carrier.
   (c) No contract for a dental care plan may be entered into unless
funds are appropriated by the Legislature in a subsequently enacted
statute. If a dental care plan is self-funded, funds used for that
plan shall be considered continuously appropriated, notwithstanding
Section 13340.

22954.  Funds appropriated for self-funded dental care plans for
state employees, other than employees of the California State
University, shall be maintained in the State Employees' Dental Care
Fund which is hereby created in the State Treasury. Moneys in this
fund shall be used by the Department of Personnel Administration to
pay dental claims and other administrative costs. Income earned on
the moneys in the State Employees' Dental Care Fund shall be credited
to the fund. Moneys in this fund are continuously appropriated in
accordance with this section and Section 22953.

22955.  Funds appropriated for self-funded dental care plans for
employees of the California State University shall be maintained in
the California State University Employees' Dental Care Fund, which is
hereby created in the State Treasury. Moneys in this fund shall be
used by the Trustees of the California State University to pay dental
claims and other administrative costs. Income earned on the moneys
in the California State University Employees' Dental Care Fund shall
be credited to the fund. Moneys in this fund are continuously
appropriated in accordance with this section and Section 22953.

22956.  (a) An annuitant who retires from the state may enroll in a
dental care plan offered under this part, provided either of the
following apply:
   (1) The annuitant is not enrolled in a health benefit plan or a
dental care plan, but was eligible for enrollment as an employee at
the time of separation for retirement, and who retired within 120
days of the date of separation.
   (2) The annuitant is receiving an allowance pursuant to Article 6
(commencing with Section 9359) of Chapter 3.5 of Part 1 of Division
2.
   (b) The board 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.

22957.  A person who was enrolled in a dental 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 premium rates or benefit coverage. The
dental care plans may require part of a monthly premium to be paid by
the annuitant, not to exceed the premium paid by represented or
excluded employees, whichever is less, for the state-sponsored
indemnity dental plan. The premium to be paid by the annuitant shall
be deducted from his or her monthly allowance.

22958.  (a) Notwithstanding Sections 22953 and 22957, the following
employees may not receive any portion of the employer contribution
payable for annuitants, unless the person is credited with 10 or more
years of state service, as defined by this section, at the time of
retirement:
   (1) A state employee, as defined by subdivision (c) of Section
3513, in State Bargaining Unit 5, 6, 8, or 16 who becomes a state
member of the system after January 1, 1999.
   (2) A state employee, as defined by subdivision (c) of Section
3513, in State Bargaining Unit 19 who becomes a state member of the
system after July 1, 1998.
   (3) A state employee, as defined by subdivision (c) of Section
3513, who becomes a state member of the system after January 1, 2000,
and is a member of a state bargaining unit that has agreed to this
section.
   (4) A state employee who becomes a state member of the system
after January 1, 2000, and is either excluded from the definition of
a state employee in subdivision (c) of Section 3513, or a nonelected
officer or employee of the executive branch of government who is not
a member of the civil service.
   (b) The percentage of the employer contribution payable for
postretirement dental care benefits for an employee subject to this
section shall be based on the funding provision of the plan and the
completed years of credited state service at retirement as shown in
the following table:

  Credited             Percentage of
  Years                Employer
  of Service           Contribution
  10                   50
  11                   55
  12                   60
  13                   65
  14                   70
  15                   75
  16                   80
  17                   85
  18                   90
  19                   95
  20 or more           100

   (c) This section only applies to state employees who retire for
service.
   (d) Benefits provided to an employee subject to this section shall
be applicable to all future state service.
   (e) For purposes of this section, "state service" means service
rendered as an employee or an appointed or elected officer of the
state for compensation. Notwithstanding Section 22826, for purposes
of this section, credited state service includes service to the state
for which the employee, pursuant to Section 20281.5, did not receive
credit.
   (f) In those cases where the state has assumed from a public
agency a function and the related personnel, service rendered by that
personnel for compensation as employees or appointed or elected
officers of that public agency may not be credited as state service
for the purposes of this section, unless the former employer has paid
or agreed to pay the state the amount actuarially determined to
equal the cost for any employee dental benefits that were vested at
the time that the function and the related personnel were assumed by
the state, and the Department of Finance finds that the contract
contains a benefit factor sufficient to reimburse the state for the
amount necessary to fully compensate for the postretirement dental
benefit costs of those personnel. For noncontracting public agencies,
the state agency that has assumed the function shall certify the
completed years of public agency service to be credited to the
employee as state service credit under this section.
   (g) This section does not apply to employees of the California
State University or the Legislature.

22959.  The Department of Personnel Administration shall administer
the benefits provided by this part for civil service employees and
annuitants. The Trustees of the California State University shall
administer the benefits provided by this part for employees and
annuitants of the California State University.