Cal. Code Regs. Tit. 2, § 599.506 - Termination of Enrollment
(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application for disability retirement is denied or withdrawn by the employee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.
Notes
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).
Note: Authority cited: Sections 20121, 22792, 22794, 22796 and 22846, Government Code. Reference: Section 22846, Government Code.
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
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