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AB-335 State Teachers’ Retirement System: class size.(1999-2000)

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Assembly Bill No. 335
CHAPTER 40

An act to amend Section 24216.5 of the Education Code, relating to the State Teachers’ Retirement System, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  June 28, 1999. Approved by Governor  June 28, 1999. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 335, Mazzoni. State Teachers’ Retirement System: class size.
Existing law, until July 1, 2002, exempts the compensation earned by a member of the State Teachers’ Retirement System from specified postretirement compensation limitations if, among other requirements, the member is employed by a school district to provide direct classroom instruction in newly created grades kindergarten to 3 or temporarily fill a position in grades 4 to 12 that was vacated due to a teacher transferring to a classroom in grades kindergarten to 3 within the same district to meet the objectives of the Class Size Reduction Program.
This bill would revise the employment requirements applicable to the above described exemption to require that the member be employed by the school district to provide direct classroom instruction in classrooms created pursuant to specified provisions of existing law regarding class size reduction or to temporarily fill a position that was vacated due to a transfer pursuant to those provisions.
Existing law, until July 1, 2002, provides that, upon written request, a member who retired on or before July 1, 1996, and who, within a specified period of time, terminated his or her service retirement allowance and returned to employment that qualifies for the exemption described in existing law described above may cancel his or her reinstatement and return to retirement status as if the service retirement allowance had not been terminated.
This bill would delete this provision.
This bill would provide that the changes made by the bill would apply to the 1999–2000 school year and subsequent school years.
This 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 24216.5 of the Education Code is amended to read:

24216.5.
 (a) The compensation earned by a member who retired for service under this part shall be exempt from subdivisions (d), (f), and (g) of Section 24214, if all of the following conditions are met:
(1) The member retired for service with an effective date on or before July 1, 1998.
(2) The member retired for service is employed by a school district to provide either one of the following:
(A) Direct classroom instruction to students in classrooms that were created to meet the objectives of a program to reduce class sizes pursuant to Part 28 (commencing with Section 51000).
(B) Is temporarily filling a position that was vacated due to a teacher transferring to a classroom within the same district that was created to meet the objectives of a program to reduce class sizes pursuant to Part 28 (commencing with Section 51000).
(3) All members retired for service whose employment with a school district meets the conditions specified in this section shall be treated as a distinct class of temporary employees within the existing bargaining unit whose service shall not be included in computing the service required as a prerequisite to attainment of or eligibility for classification as a permanent employee of a school district. The compensation for service performed by this class of employees shall be established in accordance with subdivision (b) of Section 24214 and agreed to in the collective bargaining agreement between the employing school district and the exclusive representative for the existing bargaining unit within which these temporary employees of the school district are treated as a distinct class.
(4) The employing school district submits documentation required by the system to substantiate the eligibility of the temporary employment of a member retired for service for the exemption under this subdivision.
(b) A school district that employs a member retired for service pursuant to this section shall maintain accurate records of the retired member’s compensation earned and shall report that compensation monthly to the system regardless of the method of payment or the source of funds from which the compensation is paid.
(c) This section shall not apply to the compensation earned for creditable service performed by a member retired for service for a county office of education or a community college district.
(d) The amendments made to this section by an act enacted in the first year of the 1999–2000 Regular Session shall apply to the 1999–2000 school year and all subsequent school years.
(e) This section shall remain in effect only until July 1, 2002, and as of that date is repealed unless a later enacted statute which is enacted before July 1, 2002, deletes or extends that date.

SEC. 2.

 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 increase the teaching staffs of public schools, it is necessary that this bill take effect immediately.