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Opinion of the California Attorney General 99-1010

Opinion of the California Attorney General 99-1010

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Published by: legalmatters on Aug 31, 2007
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05/08/2014

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99-10101
TO BE PUBLISHED IN THE OFFICIAL REPORTSOFFICE OF THE ATTORNEY GENERALState of CaliforniaBILL LOCKYERAttorney General OPINIONof BILL LOCKYERAttorney GeneralCLAYTON P. ROCHEDeputy Attorney General:::::::::::No. 99-1010January 18, 2000 THE HONORABLE TONY STRICKLAND, MEMBER OF THECALIFORNIA ASSEMBLY, has requested an opinion on the following question:May the board of trustees of a school district extend health and welfarebenefits to current members of the district’s personnel commission?CONCLUSIONThe board of trustees of a school district may extend health and welfarebenefits to current members of the district’s personnel commission.
 
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All references hereafter to the Government Code are by section number only.
99-10102
ANALYSISThe Legislature has enacted a comprehensive statutory scheme (Gov. Code,§§ 53200-53210)
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authorizing the legislative body of local agencies, including schooldistricts, to provide health and welfare benefits to their officers and employees. We areasked whether the board of trustees of a school district may extend health and welfarebenefits to current members of the district’s personnel commission. We conclude that itmay do so.The health and welfare benefits in question are defined in subdivision (d) of Section 53200 as follows:“‘Health and welfare benefit’ means any one or more of the following:hospital, medical, surgical, disability, legal expense or related benefitsincluding, but not limited to, medical, dental, life, legal expense, and incomeprotection insurance or benefits, whether provided on an insurance or aservice basis, and includes group life insurance as defined in subdivision (b)of this section.”Pursuant to subdivision (a) of section 53201, health and welfare benefits may be providedto “officers” of the local agency:“The legislative body of a local agency, subject to conditions as maybe established by it, may provide for any health and welfare benefits for thebenefit of its officers, employees, retired employees, and retired members of the legislative body, as provided in subdivision (b), who elect to accept thebenefits and who authorize the local agency to deduct the premiums, dues, orother charges from their compensation, to the extent that the charges are notcovered by payments from funds under the jurisdiction of the local agency aspermitted by Section 53205.”

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