Today's Law As Amended


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AB-311 State Teachers’ Retirement System: board.(1999-2000)



As Amends the Law Today


SECTION 1.
 It is the intent of the Legislature in enacting this act that the elections for positions on the Teachers’ Retirement Board be conducted as cost efficiently as possible.

SEC. 2.

 Section 22200 of the Education Code is amended to read:

22200.
 (a) The plan and the system are system is  administered by the Teachers’ Retirement Board. On and after January 1, 2004, the  The  members of the board are as follows:
(1) The Superintendent of Public Instruction.
(2) The Controller.
(3) The Treasurer.
(4) The Director of Finance.
(5) One person who, at the time of appointment, is a member of the governing board of a school district or a community college district and who shall be appointed by the Governor for a term of four years, commencing on January 1, 2000; provided that a person serving on the board on December 31, 1999, who was appointed as a member of the governing board of a school district or community college board may continue to serve until the expiration of his or her current term; and further provided that any person appointed after the expiration of the term of that person may serve until January 1, 2004.
(5) (6)  Three Two  persons who are either members of the Defined Benefit Program or participants in the Cash Balance Benefit Program, as follows:
(A) One person who, at the time of election, is an active member of the Defined Benefit Program or an active participant of the Cash Balance Benefit Program  appointment, is  employed by a K-12  school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education, in a position other than a school administrator that requires a services credential with a specialization in administrative services. This member shall be elected by the active members of the Defined Benefit Program and active participants of the Cash Balance Benefit Program who are employed by a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or  or the  county office of education, pursuant to regulations adopted  appointed  by the board, Governor  for a four-year term commencing on January 1, 2004. term of four years. 
(B) One person who, at the time of election, is an active member of the Defined Benefit Program or an active participant of the Cash Balance Benefit Program  appointment, is  employed by a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education. This member shall be elected by the active members of the Defined Benefit Program and active participants of the Cash Balance Benefit Program who are employed by a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education, pursuant to regulations adopted by the board, for a four-year term commencing on January 1, 2004. community college district appointed by the Governor for a term of four years. 
(C) (7)  One person who, at the time of election, is a community college instructor and an active member of the Defined Benefit Program or an active participant of the Cash Balance Benefit Program employed by a community college district, who shall be elected by the active community college members of the Defined Benefit Program and the active community college participants of the Cash Balance Benefit Program, pursuant to regulations adopted by the board, for a four-year term commencing on  Two persons who are either retired members under this part or retired participants under part 14 (commencing with Section 26000), appointed by the Governor for a term of four years, commencing January 1, 2000, provided that a person serving on the board on December 31, 1999, who was appointed as a retired member or a retired participant may continue to serve until the expiration of his or her current term; and further provided that any person appointed after the expiration of the term of that person may serve until  January 1, 2004.
(6) (8)  Five persons  Three persons representing the public,  appointed by the Governor for a term of four years, subject to confirmation by the Senate, as follows: Senate. 
(A) (9)  One person Three persons  who, at the time of appointment, is a member of the governing board of a school district or a community college district. election, are active members or participants of the system. These members shall be elected pursuant to regulations adopted by the board by the active members of the Defined Benefit Program or participants of the Cash Balance Benefit Program for four-year terms, commencing on January 1, 2001. 
(b) Teacher members of the board serving on December 31, 1999, may complete their terms of office provided they remain members of the Defined Benefit Program or participants in the Cash Balance Benefit Program, active or retired. However, the Governor may immediately replace the member described in paragraph (5) of subdivision (a) if he or she is no longer serving on a governing board, and the Governor may fill any vacancy in the member, school board, or public seats due to resignation or death.
(c) The members of the board shall annually elect a chairperson and vice chairperson.
(B) (d)  One person who is either a retired member under this part or a retired participant under Part 14 (commencing with Section 26000). After any elected member of the board has served two consecutive terms, or six consecutive years, on the board, that member may not be elected for an additional term until at least one year after the expiration of the member’s last term. 
(C) Three persons representing the public, whose terms shall be staggered by varying the first terms of these members, as follows:
(i) (e)  One (1)   person to a term expiring December 31, 2005. Notwithstanding any other provision of this section and Section 22200.1, any person serving on the board on December 31, 1999, may continue to serve on the board until the appointment of his or her successor pursuant to this section. 
(ii) One person to a term expiring December 31, 2006.
(iii) One person to a term expiring December 31, 2007.
(b) (2)  A person who is employed to perform creditable service by a community college district and either a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education, may only be elected to the position When the Governor appoints the second of the two persons to be appointed pursuant to paragraph (7) of subdivision (a), that person shall be deemed to be the successor of one of the two appointed classroom teachers in kindergarten or grades 1 through 12 serving  on the board that corresponds to the position in which he or she accrued the most service credit during the prior school year. on December 31, 1999. At the time of that appointment, the Governor shall designate which one of the two appointed classroom teacher members is being replaced. 
(c) The members of the board shall annually elect a chairperson and vice chairperson.

SEC. 3.

 Section 22200.1 is added to the Education Code, to read:

22200.1.
 (a) The board shall provide for the election of members described in paragraph (9) of subdivision (a) of Section 22200 pursuant to regulations adopted by the board. The Secretary of State shall certify the results of the election. The board shall reimburse the Secretary of State for all services performed in the election.
(b) Except as provided in subdivision (e) of Section 22200, special elections shall be held to fill vacancies that occur during the term of the elected members of the board. If, at the time a vacancy occurs, the unexpired term is less than two years, the new member elected to fill the vacancy shall hold office for a period equal to the remainder of the term of the vacated office plus four years.
(c) Except as provided in paragraphs (5) and (7) of subdivision (a), subdivision (b), and subdivision (e) of Section 22200, if an appointed member of the board ceases to hold the position that qualified the member to be appointed to the board, the office shall be immediately deemed vacated and the Governor shall appoint a qualified person to fill that vacancy.
(d) The regulations adopted by the board pursuant to this section and Section 22200 shall not be subject to Article 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(e) The regulations adopted by the board shall provide that the elections be conducted in the most cost-effective manner deemed feasible. The board, where practicable, shall consolidate election mailings with other mailings and shall address any other feasible cost-saving measures.
(f) The board shall contract with a private firm to conduct the elections if the board determines that the contract would result in a cost savings to the board.
(g) The regulations adopted by the board shall authorize candidates for positions on the board to submit candidate’s statements expressing their opinions and ideas, and the regulations shall not restrict the reasonable content of those statements. Notwithstanding subdivision (e), copies of the candidates’ statements submitted to the board in a timely manner shall be mailed by the board to all members at no cost to the candidates.