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SB-165 Public Employees’ Retirement System: membership: exclusions.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill
No. 165

Introduced by Senator Walters

February 01, 2013

An act to amend Section 20300 of the Government Code, relating to public employees’ retirement.


LEGISLATIVE COUNSEL'S DIGEST


SB 165, as introduced, Walters. Public Employees’ Retirement System: membership: exclusions.
The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS), which provides a defined benefit to its members based on age at retirement, service credit, and final compensation. Existing law defines “member” for purposes of PERL and excludes certain people from membership in PERS.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 20300 of the Government Code is amended to read:

20300.
 The following persons are excluded from membership in this system:
(a) Inmates of state or public agency institutions who are allowed compensation for the service they are able to perform.
(b) Independent contractors who are not employees.
(c) Persons employed as student assistants in the state colleges and persons employed as student aides in the special schools of the State Department of Education and in the public schools of the state.
(d) Persons employed as teacher assistants pursuant to Section 44926 of the Education Code.
(e) Participants, other than staff officers and employees, in the California Conservation Corps.
(f) Persons employed as participants in a program of, and whose wages are paid in whole or in part by federal funds in accordance with, Section 1501 et seq. of Title 29 of the United States Code. This subdivision does not apply with respect to persons employed in job classes that provide eligibility for patrol or safety membership or to the career staff employees of an employer.
(g) All persons who are members in any a teachers’ retirement system, as to the service in which they are members of any a teachers’ retirement system.
(h) Except as otherwise provided in this part, persons rendering professional legal services to a city, other than the person holding the office of city attorney, the office of assistant city attorney, or an established position of deputy city attorney.
(i) A person serving the university as a teacher in university extension, whose compensation for that service is established on the basis of class enrollment, either actual or estimated, with respect to that service.
(j) A person serving a California State University as a teacher in extension service, whose compensation for that service is established on the basis of class enrollment, either actual or estimated, with respect to that service.
(k) A teacher or academic employee of the university or any California State University who is otherwise fully employed and who serves as a teacher or in an academic capacity in any a summer session or intersession, for which he or she receives compensation specifically attributable to that service in summer session or intersession, with respect to that service.
(l) A person who is employed under the California Senate Fellows, the Assembly Fellowship, the Judicial Administration Fellowship, or the Executive Fellowship programs.
(m) Board members of the State Compensation Insurance Fund, including those appointed by the Governor.