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AB-419 Teachers’ Retirement Board: elections.(2003-2004)

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AB419:v96#DOCUMENT

Assembly Bill No. 419
CHAPTER 11

An act to amend Sections 22200, 22224, and 22225 of, and to add Section 22227 to, the Education Code, and to amend Section 4 of Chapter 1049 of the Statutes of 2002, relating to the Teachers’ Retirement Board, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  January 28, 2004. Approved by Governor  January 28, 2004. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 419, Committee on Public Employees, Retirement and Social Security. Teachers’ Retirement Board: elections.
(1) The State Teachers’ Retirement Law provides for the election, as of January 1, 2004, of 3 members to the Teachers’ Retirement Board at elections conducted by the board. One of those members is to be elected by specified active members of the Defined Benefit Program of the State Teachers’ Retirement System.
This bill would provide that member of the board shall also be elected by specified active participants of the Cash Balance Benefit Program of the Teachers’ Retirement System and would clarify that a member of the system employed to perform creditable service for more than one employer may only be elected to the position on the board that corresponds to the position in which he or she accrued the most service credit during the prior school year. The bill would also make technical changes.
The bill would also declare the Legislature’s intent that elected members and candidates for those offices file specified campaign statements with the Secretary of State.
(2) 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 22200 of the Education Code, as added by Chapter 1049 of the Statutes of 2002, is amended to read:

22200.
 (a) The plan and the system are administered by the Teachers’ Retirement Board. On and after January 1, 2004, 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) Three 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 employed by a school district that provides instruction for grades K 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 grades K to 12, inclusive, or county office of education, pursuant to regulations adopted by the board, for a four-year term commencing on January 1, 2004.
(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 employed by a school district that provides instruction for grades K to 12, inclusive, or a county office or 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 grades K 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.
(C) 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 January 1, 2004.
(6) Five persons appointed by the Governor for a term of four years, subject to confirmation by the Senate, as follows:
(A) One person who, at the time of appointment, is a member of the governing board of a school district or a community college district.
(B) One person who is either a retired member under this part or a retired participant under Part 14 (commencing with Section 26000).
(C) Three persons representing the public, whose terms shall be staggered by varying the first terms of these members, as follows:
(i) One person to a term expiring December 31, 2005.
(ii) One person to a term expiring December 31, 2006.
(iii) One person to a term expiring December 31, 2007.
(b) A person who is employed to perform creditable service by a community college district and either a school district that provides instruction for kindergarten through grade 12 or a county office of education may only be elected to the position on the board that corresponds to the position in which they accrued the most service credit during the prior school year.
(c) The members of the board shall annually elect a chairperson and vice chairperson.

SEC. 2.

 Section 22224 of the Education Code is amended to read:

22224.
 Members of the Defined Benefit Program and participants of the Cash Balance Benefit Program, who are either elected to the board or appointed to the board by the Governor pursuant to Section 22200, or who are appointed by the board to serve on a committee or subcommittee of the board or a panel of the system, shall be granted, by his or her employer, sufficient time away from regular duties, without loss of compensation or other benefits to which the person is entitled by reason of employment, to attend meetings of the board or any of its committees or subcommittees of which the person is a member, or to serve as a member of a panel of the system, and to attend to the duties expected to be performed by the person.

SEC. 3.

 Section 22225 of the Education Code is amended to read:

22225.
 (a) The compensation of the members of the Defined Benefit Program and participants of the Cash Balance Benefit Program who are either elected to the board or appointed to the board by the Governor pursuant to Section 22200, or who are appointed by the board to a committee or subcommittee, or to a panel of the system, may not be reduced by his or her employer for any absence from service occasioned by attendance upon the business of the board, pursuant to Section 22224.
(b) Each employer that employs either a member of the Defined Benefit Program or a participant of the Cash Balance Benefit Program elected or appointed pursuant to Section 22224 and that employs a person to replace the member or participant during attendance at meetings of the board, its committees or subcommittees, or when serving as a member of a panel of the system, or when carrying out other duties approved by the board, shall be reimbursed from the retirement fund for the cost incurred by employing a replacement.

SEC. 4.

 Section 22227 is added to the Education Code, to read:

22227.
 It is the intent of the Legislature that candidates for board seats described in paragraph (5) of subdivision (a) of Section 22200, including incumbent board members running for reelection, shall file campaign statements with the Secretary of State according to campaign reporting, contribution limits, and conflict of interest provisions of the Political Reform Act, adapted for the unique characteristics of elected member seats on state retirement system boards.

SEC. 5.

 Section 4 of Chapter 1049 of the Statutes of 2002 is amended to read:

Sec. 4.
 Section 1 of this act shall become operative on January 1, 2004.

SEC. 6.

 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 for the provisions of this act to apply to the first election of members to the Teachers’ Retirement Board, which is scheduled to take place prior to January 1, 2004, it is necessary that this act take effect immediately.