SECTIONS 22760-22787 - California Statutes

GOVERNMENT CODE

SECTION 22760-22787

22760. "Annuitant" means:
(a) A person, other than a National Guard member defined in
Section 20380.5, who has retired within 120 days of separation from
employment and who receives a retirement allowance under any state or
University of California retirement system to which the state was a
contributing party.
(b) A surviving family member receiving an allowance in place of
an annuitant who has retired as provided in subdivision (a), or as
the survivor of a deceased employee under Section 21541, 21546,
21547, or 21547.7, or similar provisions of any other state
retirement system.
(c) A person who has retired within 120 days of separation from
employment with a contracting agency as defined in Section 22768 and
who receives a retirement allowance from the retirement system
provided by the employer, or a surviving family member who receives
the retirement allowance in place of the deceased.
(d) A judge who receives the benefits provided by subdivision (e)
of Section 75522.
(e) A person who was a state member for 30 years or more and who,
at the time of retirement, was a local member employed by a
contracting agency.
(f) A Member of the Legislature or an elective officer of the
state whose office is provided by the California Constitution, who
has at least eight years of credited service, and who meets the
following conditions:
(1) Permanently separates from state service on or after January
1, 1988, and not more than 10 years before or 10 years after his or
her minimum age for service retirement, or is an inactive member of
the Legislators' Retirement System pursuant to Section 9355.2.
(2) Receives a retirement allowance under a state retirement
system supported in whole or in part by state funds other than the
University of California Retirement System.
(g) An exempt employee who meets all of the following conditions:
(1) Has at least 10 years of credited state service that includes
at least two years of credited service while an exempt employee.
(2) Permanently separates from state service on or after January
1, 1988, and not more than 10 years before or 10 years after his or
her minimum age for service retirement.
(3) Receives a retirement allowance under a state retirement
system supported in whole or in part by state funds other than the
University of California Retirement System.
(h) A person receiving a survivor allowance pursuant to Article 3
(commencing with Section 21570) of Chapter 14 of Part 3 provided that
he or she was eligible to enroll in a health benefit plan on the
date of the member's death, on whose account the survivor allowance
is payable.
(i) (1) A family member of a deceased retired member of the State
Teachers' Retirement Plan, if the deceased member meets the following
conditions:
(A) Retired within 120 days of separation from employment.
(B) Retired before the member's school employer elected to
contract for health benefit coverage under this part.
(C) Prior to his or her death, received a retirement allowance
that did not provide for a survivor allowance to family members.
(2) The family member shall elect coverage as an annuitant within
one calendar year from the date that the deceased member's school
employer elected to contract for health benefit coverage under this
part.

22762. "Board" means the Board of Administration of the Public
Employees' Retirement System.

22764. "Carrier" means a private insurance company holding a valid
outstanding certificate of authority from the Insurance Commissioner,
a medical society or other medical group, a nonprofit membership
corporation lawfully operating under Section 10270.5 of the Insurance
Code, a health care service plan as defined under subdivision (f) of
Section 1345 of the Health and Safety Code, or a health maintenance
organization approved under Title XIII of the federal Public Health
Services Act (42 U.S.C. Sec. 201 et seq.) that is lawfully engaged in
providing, arranging, paying for, or reimbursing the cost of
personal health services under insurance policies or contracts,
medical and hospital service agreements, membership contracts, or the
like, in consideration of premiums or other periodic charges payable
to it.

22766. "Complementary annuitant premium" means the additional
amount to be paid by an annuitant whose allowance falls below the
premium required to maintain enrollment in the chosen health benefit
plan.

22768. "Contracting agency" means an entity that meets the
eligibility criteria set forth in Section 22920 that has elected to
be subject to this part pursuant to Section 22922.

22770. "Domestic partner" means an adult in a domestic partnership,
as defined in Section 22771, with an employee or annuitant of an
employer subject to this part, who is eligible for enrollment
pursuant to Section 22818.

22771. A "domestic partnership" means either of the following:
(a) Two people who meet all of the criteria set forth in Section
297 or 299.2 of the Family Code.
(b) Two people who meet all of the criteria of a domestic
partnership, as defined by the governing board of a contracting
agency, if the contracting agency adopted that definition prior to
January 1, 2000.

22772. (a) "Employee" means:
(1) An officer or employee of the state or of any agency,
department, authority, or instrumentality of the state, including the
University of California.
(2) An employee who is employed by a contracting agency,
including, but not limited to, an officer or official of a
contracting agency if the officer or official participates in the
retirement system provided by the employer.
(3) An annuitant receiving a retirement allowance pursuant to
Section 21228 who is employed by a contracting agency.
(4) A teaching associate, lecturer, coach, or interpreter employed
by the California State University who is appointed to work in an
academic year classification for at least six weighted teaching units
for one semester, or for at least six weighted teaching units for
two or more consecutive quarter terms. This paragraph does not apply
to a state member employed by the California State University, unless
provided for in a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 or
authorized by the Trustees of the California State University for
employees excluded from collective bargaining.
(5) All employees in job classes specified in subdivision (a) of
Section 14876.
(b) Except as otherwise provided by this part, "employee" does not
include any of the following:
(1) A person employed on an intermittent, irregular, or less than
half-time basis, or an employee similarly situated.
(2) A National Guard member described in Section 20380.5.

22773. "Employer" means the state or any contracting agency that is
subject to this part.

22774. "Exempt employee" means an employee exempt from civil
service pursuant to subdivision (a), (c), (f), or (g) of Section 4 of
Article VII of the California Constitution, or an exempt employee of
the Attorney General or Legislative Counsel appointed pursuant to
subdivision (m) of Section 4 of Article VII of the California
Constitution.

22775. "Family member" means an employee's or annuitant's spouse or
domestic partner and any child, including an adopted child, a
stepchild, or recognized natural child. The board shall, by
regulation, prescribe age limits and other conditions and limitations
pertaining to children.

22777. "Health benefit plan" means any program or entity that
provides, arranges, pays for, or reimburses the cost of health
benefits.

22778. "Medicare health benefit plan" means a health benefit plan
that provides benefits in coordination with Medicare Parts A and B,
including, but not limited to, a managed Medicare health benefit plan
providing coverage through the Medicare+Choice program or a Medicare
supplement health benefit plan that provides coverage in
coordination with the traditional Medicare program.

22779. "Out-of-state employee" means an employee permanently
assigned to perform his or her duties outside of the state. An
employee is permanently assigned out-of-state if the assignment is
intended to exceed four months.

22781. "Prefunding" means the making of periodic payments by an
employer to partially or completely amortize the unfunded actuarial
obligation of the employer for health benefits provided to annuitants
and their family members.

22783. "School employer" means a contracting agency that is a
school district, county board of education, personnel commission of a
school district, a county superintendent of schools, or a community
college district.

22785. "Special district" means a nonprofit, self-governed public
agency located within the state, comprised solely of public
employees, and performing a governmental function.

22787. "System" means the California Public Employees' Retirement
System.