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§ 599.506. Termination of Enrollment.

2 CA ADC § 599.506Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 2. Administration
Division 1. Administrative Personnel
Chapter 2. Board of Administration of Public Employees' Retirement System
Subchapter 3. Public Employees' Medical and Hospital Care Act Regulations
Article 1. Definitions, Coverage, Enrollment, Conversion, Minimum Standards, Alternative Benefit Plans, Contributions, Contingency Reserve Fund, Contracting Agency Participation and Medicare Part B
2 CCR § 599.506
§ 599.506. Termination of Enrollment.
Currentness
(a) An employee's enrollment ceases at midnight of the earliest of the following dates:
(1) The last day of the month following the month in which:
(A) employment is terminated either by resignation or by his or her agency for reasons other than for cause;
(B) the last payroll deduction was taken when payroll deduction was discontinued through administrative error if such deduction was not taken for a continuous period of six months;
(2) Where enrollment has been continued while appealing dismissal from service for cause, under the provisions of Section 599.504, the last day of the month in which such appeal action or actions has or have been terminated with the dismissal being upheld or in which the Board determines that the employee has ceased to diligently pursue his or her appeal.
(3) The last day of the month following the month in which employment status changes so that he or she is excluded from enrollment.
(4) The last day of the month in which he or she dies.
(5) The last day of the month following the last month during which a permanent intermittent employee worked less than 480 hours during a six-month control period or 960 hours during a twelve-month control period.
(6) The last day of the month in which application for disability retirement is denied or withdrawn by the employee where enrollment was continued under Section 599.504(f) pending action on the application.
(b) An annuitant's enrollment ceases at midnight of the earliest of the following dates:
(1) The last day of the month in which he or she dies.
(2) The last day of the month following the month in which he or she ceases to be in the status of “annuitant,” unless he or she is eligible for enrollment as an employee in which case his or her enrollment will continue under the plan in which he or she is enrolled.
(c) The coverage of a family member under an employee's or annuitant's enrollment ceases at midnight of the earliest of the following dates, unless he or she is eligible to enroll as an employee, in which case, if he or she enrolls within 60 calendar days after said date, his or her enrollment continues under the plan in which he or she enrolls:
(1) The last day of the month in which he or she ceases to be a family member, or to be eligible for enrollment as a family member. The enrollment of an employee or annuitant shall not be changed by such termination of coverage, and his or her contribution shall continue unchanged until he or she changes enrollment in the manner and at the time provided under Section 599.502(e)(2) or until an administrative document is processed. However, payment by the carrier of any difference between the premium paid between the date of termination of coverage and the effective date of the change in enrollment, and that which would have been paid had the change in enrollment been effective on the date of termination of coverage, shall not exceed those excess premiums paid for a period of up to six months prior to the date on which the action is processed and recorded, pursuant to the employee's or annuitant's request for retroactive cancellation or deletion of the ineligible family member. Payment shall be made to the employer or the enrolled employee or annuitant as their interests appear and in such manner as may be directed by the Executive Officer of the Board.
(2) The day the employee or annuitant ceases to be enrolled, unless the family member continues to be enrolled as a surviving annuitant under the provisions of Section 599.502(e)(8).
(3) On the effective date of an employee's or annuitant's change of enrollment to decrease or terminate family member enrollment.
(d) Upon a finding by the board that enrollment has been continued by an unlawful act as described in Government Code section 20085, all remedies provided by that section shall be pursued. For all terminations of ineligible enrollments, enrollment shall be terminated effective the date of ineligibility pursuant to subdivisions (a) through (c), and the rights, status, or obligations of all parties shall be adiusted pursuant to Government Code section 20160 subdivisions (b) and (e), except that any ineligible enrollment voluntarily terminated by the employee or annuitant prior to June 30, 2013, shall be effective prospectively from the date of termination.
(e) If the retirement allowance of an annuitant is not sufficient to pay the withholdings for the plan in which the annuitant is enrolled, the retirement system from which the allowance is being paid shall notify the annuitant of the plans available at a cost not in excess of the retirement allowance. The annuitant may enroll in another plan whose cost is no greater than his or her allowance, if such plan is available. If the annuitant does not or cannot elect a plan at a cost to him or her not in excess of the allowance, the enrollment of the annuitant shall cease, effective as of the end of the last month for which withholding was made. Each annuitant whose enrollment is so terminated is entitled to conversion pursuant to Section 599.507.
(f) Whenever under this section enrollment terminates on the last day of the month and the monthly payroll period for a state department or agency does not coincide with the calendar month, enrollment ceases as of the last day of the calendar month most closely corresponding to the payroll month in which the event resulting in the termination occurs.
(g) Notwithstanding effective dates prescribed in this section, a termination or cancellation of enrollment based on a reduction in hours or time base must be effective prospectively only. Upon a 30-day notice, terminations or cancellations for a reduction in hours or time base may be effective retroactively if coverage was based upon fraud or intentional misrepresentation of material fact.

Credits

Note: Authority cited: Sections 20121, 22792, 22794, 22796 and 22846, Government Code. Reference: Section 22846, Government Code.
History
1. Amendment filed 6-15-79; designated effective 8-1-79 (Register 79, No. 24). For prior history, see Register 72, No. 24.
2. Amendment filed 6-27-80; designated effective 8-1-80 (Register 80, No. 26).
3. Amendment filed 6-9-86; effective thirtieth day thereafter (Register 86, No. 24).
4. Amendment of subsection (c)(1) and amendment of Note filed 6-24-2005; operative 6-24-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 25).
5. New subsection (f) filed 9-27-2011; operative 9-27-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 39).
6. New subsection (d), subsection relettering and amendment of Note filed 2-21-2013; operative 2-21-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 8).
7. Amendment of subsections (c)(1)-(2) filed 2-28-2020; operative 4-1-2020 (Register 2020, No. 9).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 2, § 599.506, 2 CA ADC § 599.506
End of Document