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SB-165 Public employees’ retirement: membership election. (2001-2002)

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SB165:v96#DOCUMENT

Senate Bill No. 165
CHAPTER 77

An act to amend Section 22508 of the Education Code and to amend Section 20309 of the Government Code, relating to retirement.

[ Filed with Secretary of State  July 19, 2001. Approved by Governor  July 18, 2001. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 165, O'Connell. Public employees’ retirement: membership election.
Under existing law, members of the Public Employees’ Retirement System employed by a school employer, the Board of Governors of the California Community Colleges, or the State Department of Education who are subsequently employed to perform service subject to coverage by the Defined Benefit Program of the State Teachers’ Retirement Plan may elect to be excluded from membership under that plan and retain coverage under the system for that service.
This bill would additionally make that election available to members of the Public Employees’ Retirement System who have at least 5 years of credited service and who are subsequently employed to perform service subject to coverage by the Defined Benefit Program of the State Teachers’ Retirement Plan.

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


SECTION 1.

 Section 22508 of the Education Code is amended to read:

22508.
 (a) A member who becomes employed by the same or a different school district or community college district, or a county superintendent, or who becomes employed by the state in a position described in subdivision (b), to perform service that requires membership in a different public retirement system, and who is not excluded from membership in that public retirement system, may elect to have that service subject to coverage by the Defined Benefit Program of this plan and excluded from coverage by the other public retirement system. The election shall be made in writing on a form prescribed by this system within 60 days from the date of hire in the position requiring membership in the other public retirement system. If that election is made, the service performed for the employer after the date of hire shall be considered creditable service for purposes of this part.
(b) Subdivision (a) shall apply to a member who becomes employed by the state only if the member is also one of the following:
(1) Represented by a state bargaining unit that represents educational consultants, professional educators, or librarians employed by the state.
(2) Excluded from the definition of “state employee” in subdivision (c) of Section 3513 of the Government Code, but performing, supervising, or managing work similar to work performed by employees described in paragraph (1).
(3) In a position not covered by civil service and in the executive branch of government, but performing, supervising, or managing work similar to work performed by employees described in paragraph (1).
(c) (1) A member of the Public Employees’ Retirement System described in paragraph (2) who is subsequently employed to perform creditable service subject to coverage by the Defined Benefit Program of this plan may elect to have that subsequent service subject to coverage by the Public Employees’ Retirement System and excluded from coverage by the Defined Benefit Program pursuant to Section 20309 of the Government Code. If the election is made, creditable service performed for the employer after the date of hire shall be subject to coverage by the Public Employees’ Retirement System.
(2) This subdivision shall apply to a member of the Public Employees’ Retirement System who either (A) is employed by a school district, community college district, a county superintendent, or the State Department of Education or (B) has at least five years of credited service under the system.
(d) An election made by a member pursuant to this section shall be irrevocable.

SEC. 2.

 Section 20309 of the Government Code is amended to read:

20309.
 (a) A member of the system described in subdivision (b) who subsequently is employed to perform service subject to coverage by the Defined Benefit Program of the State Teachers’ Retirement Plan, may elect to retain coverage by this system for that subsequent service. An election to retain coverage under this system shall be submitted in writing by the member to the system on a form prescribed by the system, and a copy of the election shall be submitted to the State Teachers’ Retirement System, within 60 days after the member’s date of hire to perform service that requires membership in the Defined Benefit Program of the State Teachers’ Retirement Plan. A member who elects to retain coverage under this system pursuant to this section shall be deemed to be a school member while employed by a school employer.
(b) This section shall apply to a member of the system who either (1) is employed by a school employer, the Board of Governors of the California Community Colleges, or the State Department of Education or (2) has at least five years of credited service under this system.
(c) Any election made pursuant to this section shall become effective as of the first day of employment in the position that qualified the member to make an election.