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AB-1451 State teachers’ retirement: retirees.(2017-2018)

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Date Published: 04/17/2017 09:00 PM

Amended  IN  Assembly  April 17, 2017
Amended  IN  Assembly  March 28, 2017


Assembly Bill
No. 1451

Introduced by Assembly Member McCarty

February 17, 2017

An act to add and repeal Section 24214.1 to of the Education Code, relating to state teachers’ retirement.


AB 1451, as amended, McCarty. State teachers’ retirement: retirees.
The Teachers’ Retirement Law establishes the State Teachers’ Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers’ Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. STRS is governed by the Teachers’ Retirement Board. Existing law limits the postretirement compensation of a member of the Defined Benefit Program of the Teachers’ Retirement Plan to an amount calculated by STRS, as specified. If the member’s postretirement compensation exceeds this amount, the law requires the member’s retirement allowance to be reduced by the amount of excess compensation. Existing law, however, permits members retired for service from STRS to perform member activities without being subject to the compensation limit under certain limited conditions and circumstances, including, until June 30, 2017, to work as an appointed trustee, fiscal adviser or fiscal expert, receiver, or special trustee, as specified.
This bill bill, until January 1, 2023, would exempt from the postretirement compensation limit the compensation of a member retired for service who was a classroom teacher, as defined, who has returned to work to fulfill a critical need in a position due to a teacher shortage in the area of special education, mathematics, science, or bilingual education. The bill would require a local school district, community college district, county office of education, or other local educational agency exercising this exemption to submit specified documentation to substantiate a retired member’s eligibility.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


 Section 24214.1 is added to the Education Code, to read:

 (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who was a classroom teacher who has returned to work after the date of retirement to fulfill a critical need in a position due to a teacher shortage in any of the following subject areas:
(1) Special education.
(2) Mathematics.
(3) Science.
(4) Bilingual education.
(b) A local school district, community college district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received.
(c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, “financial inducement to retire” includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislature’s intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer.
(d) The documentation required for subdivision (a) shall include certification of the following:
(1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed.
(2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1).
(3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1).
(4) The salary paid shall be no greater than the salary offered to current active members for the appointed position.
(e) For purposes of this section, a “classroom teacher” means a member who was an employee of an elementary school, high school, school district, county office of education, or other local educational agency, employed in a position requiring certification qualifications and whose duties required him or her to teach pupils in regular class days for the time for which he or she was employed during the regular schoolday.
(f) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.