The California Attorney General recently concluded that “the city council of a general law city that provides medical benefits to its members while in office, and which has never continued such benefits to its members after leaving office, may now provide for the continuation of such benefits for currently serving members after they leave office only if the recipients participate on a self-pay basis.” (Attorney General Opinion No. 01-902.)
Government Code §§ 53201 and 53205 deal with the right of local agencies, including city councils, to provide paid health and welfare benefits for its officers, employees, retired employees, and retired members of its legislative body. Relevant to the Attorney General’s opinion are subsections (b) and (c)(2) of § 53201, which provide as follows:
- (b) The legislative body of a local agency may also provide for the continuation of any health and welfare benefits for the benefit of former elective members of the legislative body who (1) served in office after January 1, 1981, and whose total service at the time of termination is not less than 12 years, or (2) have completed one or more terms of office, but less than 12 years, and who agree to and do pay the full costs of the health and welfare benefits.
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- (c)(2) A legislative body of a local agency that did not provide benefits pursuant to subdivision (b) to former elective members of the legislative body before January 1, 1994, shall not provide those benefits to former elective members of the legislative body after January 1, 1994, unless the recipients participate on a self-pay basis.
Note: As briefly noted in the Attorney General’s opinion, remember that Government Code § 53201 (c)(1) prohibits public agencies from paying for benefits to former council members or board members who were first elected to the position after January 1, 1995. The benefits may be provided to the council members or board members only on a self-pay basis.