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AB-2554 State teachers’ retirement: postretirement earnings.(2003-2004)

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AB2554:v91#DOCUMENT

Assembly Bill No. 2554
CHAPTER 934

An act to amend Sections 24216, 24216.5, and 24216.6 of the Education Code, relating to state teachers’ retirement.

[ Filed with Secretary of State  September 30, 2004. Approved by Governor  September 29, 2004. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2554, Pavley. State teachers’ retirement: postretirement earnings.
Under existing law, the service retirement allowance of a retired member of the Defined Benefit Program of the Teachers’ Retirement Plan is reduced if the member’s postretirement compensation from specified activities exceeds a certain dollar amount, except in specified circumstances.
Existing law exempts from that earnings limitation, until January 1, 2008, service performed in an emergency situation in certain vacant administrative positions for up to 1/2 of the full-time equivalent for that position, if certain conditions are met.
This bill would limit the period of that exemption to not more than 2 years after the date the retired member is appointed or assigned to that position.
Existing law also exempts from the earnings limitation, until July 1, 2005, any of a list of specified types of service performed by members who retired for service on or before January 1, 2000, if certain conditions were met.
This bill would extend that exemption until January 1, 2008, would expand it to apply to service performed by members who retired for service on or before January 1, 2004, and would expand the list of types of service subject to the exemption to include instruction and services provided to pupils in special education programs and English language learner programs.
Existing law also exempts from the earnings limitation direct remedial instruction, as specified, performed by retired members who retired for service on or before July 1, 2000.
This bill would expand that exemption to apply to those services performed by members who retired for service on or before January 1, 2004.
This bill would incorporate additional changes to Section 24216 of the Education Code proposed by AB 2753, contingent upon the prior enactment of that bill.

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) 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) 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) 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.
(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) and (f) of Section 24214 shall apply.
(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) A member retired for service under this part who is employed to fill the vacancy shall be employed to fill the vacancy for no more than a single two-year term under this exemption.
(C) The employment is reported in a public meeting of the governing body of the employer.
(D) 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 does 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 or 22714.5 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 remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2008, deletes or extends that date.

SEC. 1.5.

 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) 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) 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) 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.
(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) and (f) of Section 24214 shall apply.
(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) A member retired for service under this part who is employed to fill the vacancy shall be employed to fill the vacancy for no more than a single two-year term under this exemption.
(C) The employment is reported in a public meeting of the governing body of the employer.
(D) 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 does 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 or 22714.5 shall be ineligible for one year from the effective date of retirement for the exemption provided in this section for service performed in any school district, community college district, or county office of education in the state.
(e) This section shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2008, deletes or extends that date.

SEC. 2.

 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 January 1, 2004.
(2) The member retired for service is employed by a school district to provide any of the following:
(A) Direct classroom instruction to pupils enrolled in kindergarten or any grades 1 to 12, inclusive.
(B) Support and assessment for new teachers through the Beginning Teacher Support and Assessment program authorized by Section 44279.1.
(C) Support to individuals completing student teaching assignments.
(D) Support to individuals participating in the following programs:
(i) Pre-Internship Teaching Program authorized pursuant to Article 5.6 (commencing with Section 44305) of Chapter 2 of Part 25.
(ii) Alternative certification programs authorized pursuant to Article 11 (commencing with Section 44380) of Chapter 2 of Part 25.
(iii) School Paraprofessional Teacher Training Program established pursuant to Article 12 (commencing with Section 44390) of Chapter 2 of Part 25.
(E) Instruction and pupil services provided to pupils enrolled in special education programs authorized pursuant to Part 30 (commencing with Section 56000) of Division 4 of Title 2.
(F) Instruction to pupils enrolled in English language learner programs authorized pursuant to Chapter 3 (commencing with Section 300), Chapter 4 (commencing with Section 400), and Chapter 6 (commencing with Section 430) of Part 1 of Division 1.
(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 may 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 does not apply to the compensation earned for creditable service performed by a member retired for service for a community college district.
(d) This section shall remain in effect only until January 1, 2008, and as of that date is repealed unless a later enacted statute which is enacted before January 1, 2008, deletes or extends that date.

SEC. 3.

 Section 24216.6 of the Education Code is amended to read:

24216.6.
 (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 January 1, 2004.
(2) The member retired for service is employed by a school district to provide direct remedial instruction to pupils in grades 2 to 12, inclusive. “Remedial instruction” means the programs specified in Sections 37252 and 37252.2.
(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 may 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 does 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.

SEC. 4.

 Section 1.5 of this bill incorporates amendments to Section 24216 of the Education Code proposed by both this bill and AB 2753. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2005, (2) each bill amends Section 24216 of the Education Code, and (3) this bill is enacted after AB 2753, in which case Section 1 of this bill shall not become operative.