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AB-141 State teachers’ retirement: postretirement earnings.(1999-2000)

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AB141:v92#DOCUMENT

Assembly Bill No. 141
CHAPTER 22

An act to amend, repeal, add, and repeal Section 24216 of the Education Code, relating to state teachers’ retirement, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  May 19, 2000. Approved by Governor  May 19, 2000. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 141, Knox. State teachers’ retirement: postretirement earnings.
Under the State Teachers’ Retirement Law, the service retirement allowance of a retired member shall be reduced if the member’s postretirement compensation from specified activities exceeds a certain dollar amount; however, creditable service performed by a retired member in an emergency situation to fill a vacant administrative position is exempt from the calculation of that earnings limitation in specified circumstances.
This bill would expand that exemption, as specified, operative as of July 1, 1999, until January 1, 2001.
The bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:


SECTION 1.

 Section 24216 of the Education Code is amended to read:

24216.
 (a) (1) A member retired for service under this part who is appointed as a trustee or administrator by the Superintendent of Public Instruction pursuant to Section 41320.1, or a member retired for service who is assigned by a county superintendent of schools pursuant to Article 2 (commencing with Section 42120) of Chapter 6 of Part 24, shall be exempt from subdivisions (d), (e), and (f) of Section 24214 for a maximum period of two years.
(2) The period of exemption shall commence on the date the member retired for service is appointed or assigned and shall end no more than two calendar years from that date, after which the limitation specified in subdivisions (d), (e), and (f) of Section 24214 shall apply.
(3) An exemption under this subdivision shall be granted by the system providing that the Superintendent of Public Instruction or the county superintendent of schools submits documentation required by the system to substantiate the eligibility of the member retired for service for an exemption under this subdivision.
(b) (1) A member retired for service under this part who is employed by an employer to perform creditable service in an emergency situation to fill a vacant administrative position requiring highly specialized skills shall be exempt from the provisions of subdivisions (d), (e) and (f) of Section 24214 for creditable service performed up to one-half of the full-time equivalent for that position, if the vacancy occurred due to circumstances beyond the control of the employer. The limitation specified in subdivisions (d), (e), and (f) of Section 24214 shall apply to creditable service performed beyond the specified exemption.
(2) A member described in paragraph (1) may be exempt from the provisions of subdivisions (d), (e), and (f) of Section 24214 for up to an additional one-half of the full-time equivalent for the same position, provided neither the member or any other member has ever received an exemption pursuant to this paragraph for the same position and the employer has satisfied the requirements of subparagraph (D) of paragraph (3).
(3) An exemption under this subdivision shall be granted by the system subject to the following conditions:
(A) The recruitment process to fill the vacancy on a permanent basis is expected to extend over several months.
(B) The employment is reported in a public meeting of the governing body of the employer.
(C) The employer submits documentation required by the system to substantiate the eligibility of the member retired for service for an exemption under this subdivision.
(D) For exemption requests under paragraph (2), the employer shall submit documentation to substantiate the unsuccessful attempts to permanently fill the position while the position was occupied by a retired member under paragraph (1) and that the vacancy continues to exist due to circumstances beyond the control of the employer.
(c) This section shall not apply to any person who has received additional service credit pursuant to Section 22715 or 22716.
(d) A person who has received additional service credit pursuant to Section 22714 shall be ineligible for one year from the effective date of retirement for the exemption provided in this section for service performed in the district from which he or she retired.
(e) The amendments to this section enacted during the 1999–2000 Regular Session shall be deemed to authorize exemptions pursuant to paragraph (2) of subdivision (b) on and after July 1, 1999.
(f) This section shall become operative on July 1, 1995, and shall remain in effect only until January 1, 2001, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2001, deletes or extends that date.

SEC. 2.

 Section 24216 is added to the Education Code, to read:

24216.
 (a) (1) A member retired for service under this part who is appointed as a trustee or administrator by the Superintendent of Public Instruction pursuant to Section 41320.1, or a member retired for service who is assigned by a county superintendent of schools pursuant to Article 2 (commencing with Section 42120) of Chapter 6 of Part 24, shall be exempt from subdivisions (d), (e), and (f) of Section 24214 for a maximum period of two years.
(2) The period of exemption shall commence on the date the member retired for service is appointed or assigned and shall end no more than two calendar years from that date, after which the limitation specified in subdivisions (d), (e), and (f) of Section 24214 shall apply.
(3) An exemption under this subdivision shall be granted by the system providing that the Superintendent of Public Instruction or the county superintendent of schools submits documentation required by the system to substantiate the eligibility of the member retired for service for an exemption under this subdivision.
(b) (1) A member retired for service under this part who is employed by an employer to perform creditable service in an emergency situation to fill a vacant administrative position requiring highly specialized skills shall be exempt from the provisions of subdivisions (d), (e) and (f) of Section 24214 for creditable service performed up to one-half of the full-time equivalent for that position, if the vacancy occurred due to circumstances beyond the control of the employer. The limitation specified in subdivisions (d), (e), and (f) of Section 24214 shall apply to creditable service performed beyond the specified exemption.
(2) An exemption under this subdivision shall be granted by the system subject to the following conditions:
(A) The recruitment process to fill the vacancy on a permanent basis is expected to extend over several months.
(B) The employment is reported in a public meeting of the governing body of the employer.
(C) The employer submits documentation required by the system to substantiate the eligibility of the member retired for service for an exemption under this subdivision.
(c) This section shall not apply to any person who has received additional service credit pursuant to Section 22715 or 22716.
(d) A person who has received additional service credit pursuant to Section 22714 shall be ineligible for one year from the effective date of retirement for the exemption provided in this section for service performed in the district from which he or she retired.
(e) This section shall become operative on January 1, 2001, and shall remain in effect only until July 1, 2003, and as of that date is repealed, unless a later enacted statute, which is enacted before July 1, 2003, deletes or extends that date.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to enhance the ability of school districts to fill vacant administrative positions requiring highly specialized skills in emergency situations, it is necessary that this act take effect immediately.