2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 5 - PERSONNEL › PART 5 - THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT › CHAPTER 1 - Public Employees Health Benefits › ARTICLE 9 - Maintenance of Funds › Section 22910.5.

22910.5. (a) For purposes of this section, the following definitions shall apply:
(1) “Local annuitant” means an annuitant other than a state annuitant.
(2) “Local employee” means an employee other than a state employee.
(3) “Retiree drug subsidy” means those amounts described in Section 423.886 of Title 42 of the Code of Federal Regulations.
(4) “State annuitant” means an annuitant who is retired from service with the state, including the California State University.
(5) “State employee” means an employee who is in the employment of the state, including the California State University.
(b) For purposes of applying for and receiving funds as part of a retiree drug subsidy, the board is designated as the sponsor of a qualified retiree prescription drug plan for a state or contracting agency plan, or a related plan, or an individual if both of the following apply:
(1) The system applies for a retiree drug subsidy related to the plan or individual.
(2) The system meets the definition of a plan sponsor as described in Section 1395w-132(c) of Title 42 of the United States Code.
(c) When the board performs the duties described in subdivision (b) related to, or applies for funds attributable to, a retiree drug subsidy for a contracting agency plan, local annuitant, or local employee, the board shall take all necessary steps to ensure that any funds received by the board shall be deposited in the Public Employees’ Contingency Reserve Fund as described in subdivision (g) of Section 22910.
(d) When the board performs the duties described in subdivision (b) related to, or applies for funds attributable to, a retiree drug subsidy for a state plan, state annuitant, state employee, or state employee association health benefit plan, the board shall take all necessary steps to deposit these funds in the Account for Retiree Drug Subsidy Payments as described in subdivision (h) of Section 22910.
(e) Notwithstanding any other law, all funds received by the board as a result of a retiree drug subsidy application attributable to a state employee or state annuitant, or the eligible dependent, beneficiary, or similarly situated person of that state employee or state annuitant, shall be deposited in the Account for Retiree Drug Subsidy Payments, as described in subdivision (h) of Section 22910.
(f) Notwithstanding any other law, funds from the Account for Retiree Drug Subsidy Payments that is maintained in the Public Employees’ Contingency Reserve Fund shall be appropriated by the Legislature in the annual Budget Act for the purposes described in this section. The Legislature shall, in the annual Budget Act, specify how these funds are to be used, consistent with the federal Medicare Prescription Drug Improvement and Modernization Act, as amended, including the following purposes:
(1) Reducing the contributions by the state from the General Fund or other funds in the State Treasury for health benefits that include prescription drug benefits for state annuitants.
(2) Reducing contributions by state annuitants for their health benefits that include prescription drug benefits.
(3) Defraying increases in future employer or state annuitant health benefit or prescription drug rates.
(4) Implementing cost containment programs related to state annuitant health benefits that include prescription drug benefits.
(5) Increasing state annuitant health benefits or prescription drug benefits.
(Amended by Stats. 2014, Ch. 28, Sec. 52. (SB 854) Effective June 20, 2014.)