BILL NUMBER: AB 1267	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2009

INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 27, 2009

   An act to amend Section 24203.6 of the Education Code, relating to
state teachers' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1267, as amended, Eng. State teachers' retirement 
system.   system: credited service. 
   The Teachers' Retirement Law provides that members with 30 or more
years of credited service receive increases in their retirement
allowance. Existing law provides additional increases for those
members who have 30 or more years of credited service prior to 2011
and who retire for service on or after January 1, 2001.
   This bill would  delete that date thereby permitting
  permit  any member who retires  for service
on or after January 1, 2001,  and has 30 or more years of
credited service  prior to July 1, 2016,  to receive those
additional increases.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 24203.6 of the Education Code is amended to
read:
   24203.6.  (a) In addition to the amount otherwise payable pursuant
to Sections 24202.5, 24203, 24203.5, 24205, 24209, 24209.3, 24210,
24211, and 24212, a member shall receive an increase in the monthly
allowance, prior to any modification pursuant to Sections 24300,
24300.1, and 24309, in the amount identified in subdivision (b), if
the member meets all of the following criteria:
   (1) The member retires for service on or after January 1, 2001.
   (2)  The   Prior to July 1, 2016, the 
member has 30 or more years of credited service, including any
credited service that a court has ordered be awarded to a nonmember
spouse pursuant to Section 22652, but excluding service credited
pursuant to the following:
   (A) Section 22714.
   (B) Section 22714.5.
   (C) Section 22715.
   (D) Section 22717, except as provided in subdivision (b) of
Section 22121.
   (E) Section 22717.5.
   (F) Section 22826.
   (3) The member is receiving an allowance subject to Section
24203.5.
   (b) The amount of the increase in the monthly allowance shall be
based on the member's years of credited service at the time of
retirement as follows:
30 years of credited service........          $200
31 years of credited service........          $300
32 or more years of credited                  $400
service.............................


   (c) This section also applies to a nonmember spouse, if all of the
following conditions are satisfied:
   (1) The member is eligible for the allowance increase pursuant to
subdivisions (a) and (b) upon his or her retirement for service.
   (2) On the date the parties separated, as established in the
judgment or court order pursuant to Section 22652, the member had at
least 30 years of credited service, excluding service credited
pursuant to the following:
   (A) Section 22714.
   (B) Section 22714.5.
   (C) Section 22715.
   (D) Section 22717, except as provided in subdivision (b) of
Section 22121.
   (E) Section 22717.5.
   (F) Section 22826.
   (3) The service credit of the member was divided into separate
accounts in the name of the member and the nonmember spouse by a
court pursuant to Section 22652. The amount identified in the
schedule in subdivision (b) and payable pursuant to this section,
that is based on the service credited during the marriage, shall be
divided and paid to the member and the nonmember spouse
proportionately according to the respective percentages of the member'
s service credit that were allocated to the member and the nonmember
spouse in the court's order.
   (d) The allowance increase provided under this section is not
subject to Sections 24415 and 24417, but is subject to Section 22140.