SECTIONS 22959.1-22959.6

22959.1.  This part shall be known and may be cited as the VisionCare Program for State Annuitants. The purpose of this part is to doall of the following: (a) Promote increased economy and efficiency in the provision ofvision benefits to annuitants. (b) Enable the state to use economies of scale to provide a visioncare plan similar to those commonly provided in private industry andin other states. (c) Recognize and protect the state's investment in each permanentemployee's service by providing into retirement the option of avision care program, and to promote and preserve continued goodhealth among state annuitants.22959.2.  The Vision Care Program for State Annuitants shall beadministered by the Department of Personnel Administration.22959.3.  Unless otherwise indicated, the definition of terms inArticle 2 (commencing with Section 22760) of Part 5 apply to thispart.22959.4.  (a) An annuitant who retires from the state may enroll ina vision care plan offered under this part, if any of the followingapply: (1) The annuitant was enrolled in a health benefit plan, a dentalcare plan, or vision care plan at the time of separation forretirement, and retired within 120 days of the date of separation. (2) The annuitant was not enrolled in a health benefit plan, adental care plan, or vision care plan at the time of separation forretirement, but was eligible for enrollment as an employee at thetime of separation for retirement, and retired within 120 days of thedate of separation. (3) The annuitant is part of the Legislators' Retirement Systemreceiving an allowance pursuant to Article 6 (commencing with Section9359) of Chapter 3.5 of Part 1 of Division 2. (b) The Department of Personnel Administration has no duty tolocate or notify any annuitant who may be eligible to enroll, or toprovide names or addresses to any person, agency, or entity for thepurpose of notifying those annuitants.22959.5.  (a) A person who was enrolled in a vision care plan at thetime he or she became an annuitant under state or federalprovisions, may continue his or her enrollment, including eligiblefamily members, without discrimination as to benefit coverage as anenrolled person within this program. An annuitant who is eligible forthis program is a person who meets the requirements of Section22959.4 and at the time of retirement was employed with the state asone 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 Universityof California systems may not participate in this program.22959.6.  (a) The Department of Personnel Administration maycontract with one or more vision care plans for annuitants andeligible family members, provided the carrier or carriers haveoperated successfully in the area of vision care benefits for areasonable period, as determined by the Department of PersonnelAdministration. (b) The Department of Personnel Administration, as the programadministrator, has full administrative authority over this programand associated funds and shall require the monthly premium to be paidby the annuitant for the vision care plan. The premium to be paid bythe annuitant shall be deducted from his or her monthly allowance.If there are insufficient funds in an annuitant's allowance to paythe premium, the plan provider shall directly bill the annuitant. Avision care plan or plans provided under this authority shall befunded by the annuitants' premium. All premiums received fromannuitants shall be deposited in the Vision Care Program for StateAnnuitants Fund, which is hereby created in the State Treasury. Anyincome earned on the moneys in the Vision Care Program for StateAnnuitants Fund shall be credited to the fund. NotwithstandingSection 13340, moneys in the fund are continuously appropriated forthe purposes specified in subdivision (d). (c) An annuitant may enroll in a vision care plan provided by acarrier that also provides a health benefit plan pursuant to Section22850 if the employee or annuitant is also enrolled in the healthbenefit plan provided by that carrier. However, nothing in thissection may be construed to require an annuitant to enroll in avision care plan and a health benefit plan provided by the samecarrier. An annuitant enrolled in this program shall only enroll intoa vision plan or vision plans contracted for by the Department ofPersonnel Administration. (d) No contract for a vision care plan may be entered into unlessthe Department of Personnel Administration determines it isreasonable to do so. Notwithstanding any other provision of law, anypremium moneys paid into this program by annuitants for the purposesof the annuitant vision care plan that is contracted for shall beused for the cost of providing vision care benefits to eligible,enrolled annuitants and their eligible and enrolled dependents, thepayment of claims for those vision benefits, and the cost ofadministration of the vision care plan or plans under this visioncare program, those costs being determined by the Department ofPersonnel Administration. (e) If the Director of the Department of Personnel Administrationdetermines that it is not economically feasible to continue thisprogram anytime after its commencement, the director may, uponwritten notice to enrollees and to the contracting plan or plans,terminate this program within a reasonable time. The notice oftermination to the plan or plans shall be determined by theDepartment of Personnel Administration. The notice to enrollees ofthe termination of the program shall commence no later than threemonths prior to the actual date of termination of the program. (f) Premium rates for this program shall be determined by theDepartment of Personnel Administration in conjunction with thecontracted plan or plans and shall be considered separate and apartfrom active employee premium rates. (g) The director shall report to the Legislature, prior to the endof the second quarter of the third plan year, on the continuedeconomic sustainability of the Vision Care Program for StateAnnuitants.