Part 6.1. Vision Care Program For State Annuitants of California Government Code >> Division 5. >> Title 2. >> Part 6.1.
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.
The Vision Care Program for State Annuitants shall be
administered by the Department of Human Resources.
Unless otherwise indicated, the definition of terms in
Article 2 (commencing with Section 22760) of Part 5 apply to this
part.
(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 Human Resources 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.
(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.
(a) The Department of Human Resources 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 Human Resources.
(b) The Department of Human Resources, 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.
If there are insufficient funds in an annuitant's allowance to pay
the premium, the plan provider shall directly bill the annuitant. A
vision care plan or plans provided under this authority shall be
funded by the annuitant's 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. Notwithstanding
Section 13340, moneys in the fund are continuously appropriated 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, this section may not
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 Human Resources.
(d) A contract for a vision care plan may not be entered into
unless the Department of Human Resources 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 Human Resources.
(e) If the Director of Human Resources 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 Human Resources. 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 Human Resources in conjunction with the contracted plan
or plans and shall be considered separate and apart from active
employee premium rates.