Bill Text: CA SB628 | 2009-2010 | Regular Session | Amended

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Bill Title: County employees: health benefit system.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-21 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB628 Detail]

Download: California-2009-SB628-Amended.html

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BILL NUMBER: SB 628	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 7, 2010
	AMENDED IN SENATE  APRIL 22, 2009

INTRODUCED BY   Senator Ashburn

                        FEBRUARY 27, 2009

   An act to add Section 22894 to the Government Code, relating to
county employees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 628, as amended, Ashburn. County employees: health benefit
system.
   The Public Employees' Medical and Hospital Care Act (PEMHCA)
provides that an employee or annuitant is eligible to enroll in an
approved health benefit plan, as specified. PEMHCA authorizes a
contracting agency, as specified, to elect to become subject to the
act, along with the agency's employees and annuitants. Existing law
establishes certain minimum rates for contracting employer
contributions in this regard and requires that the employer
contribution be equal for both employees and annuitants.
   This bill would permit a contracting agency of PEMHCA , that
is an instrumentality of either Placer County or Shasta County, 
and the exclusive representative of employees of that agency to
agree through collective bargaining that the employer contribution
for employee and annuitant health benefits coverage for employees
first hired on or after the effective date of a memorandum of
understanding may differ from the employer contribution provided to
existing employees and annuitants. The bill would provide that these
provisions are not subject to labor negotiation impasse procedures.
The bill would require a contracting agency that applies a different
contribution rate to employees not represented by a bargaining unit
to certify that, with regard to those employees, there is not an
applicable memorandum of understanding. The bill would provide that
an agreement reached in this regard is not valid if it provides an
employer contribution for employees with less than five years of
credited service with the contracting agency. 
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Counties of Placer and
Shasta. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 22894 is added to the Government Code, to read:

   22894.  (a) A contracting agency and the exclusive representative
of employees of that agency may agree through collective bargaining
that the employer contribution for employee and annuitant health
benefits coverage for employees first hired on or after the effective
date of a memorandum of understanding may differ from the employer
contribution provided to existing employees and annuitants pursuant
to Sections 22890 and 22892. This issue may not be subject to labor
negotiation impasse procedures.
   (b) If the memorandum of understanding establishes a retroactive
effective date, any employee who is first hired on or before the date
the memorandum of understanding is signed shall retain status as an
existing employee for purposes of determining eligibility for
postretirement health benefits coverage.
   (c) If the contracting agency applies a different contribution
rate to employees not represented by a bargaining unit, the
contracting agency shall certify to the board that, with regard to
those employees, there is not an applicable memorandum of
understanding.
   (d) An agreement reached pursuant to subdivision (a) is not valid
if it provides an employer contribution for employees with less than
five years of credited service with the contracting agency.
   (e) The contracting agency shall provide, in the manner prescribed
by the board, notice  of  any agreement entered into
pursuant to this section and any additional information necessary to
implement this section. 
   (f) This section shall only apply to contracting agencies that are
instrumentalities of either the County of Placer or the County of
Shasta. 
   SEC. 2.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the limited health care options
available to public employees employed by agencies that are
instrumentalities of the Counties of Placer and Shasta.