BILL NUMBER: AB 870	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Grove

                        FEBRUARY 17, 2011

   An act to amend Section 22200 of the Education Code, and to amend
Section 20090 of the Government Code, relating to retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 870, as introduced, Grove. Retirement.
   The Teachers' Retirement Law establishes the State Teachers'
Retirement System which is administered by the Teachers' Retirement
Board. That law authorizes a person who is employed to perform
creditable service by a community college district and either a
school district that provides instruction for prekindergarten,
kindergarten, or grades 1 to 12, inclusive, or a county office of
education, to 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 Public Employees' Retirement Law (PERL) vests the Board of
Administration of the Public Employees' Retirement System with the
management and control of the Public Employees' Retirement System.
PERL provides that the board includes one member of the State
Personnel Board, selected by, and serving at the pleasure of, the
State Personnel Board.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 22200 of the Education Code 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 prekindergarten, kindergarten, or grades 1 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
prekindergarten, kindergarten, or grades 1 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 prekindergarten, kindergarten, or grades 1 to 12,
inclusive, or a county office of 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
prekindergarten, kindergarten, or grades 1 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 prekindergarten, kindergarten, or grades 1 to 12,
inclusive, or a county office of  education,  
education  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.
   (c) The members of the board shall annually elect a chairperson
and vice chairperson.
  SEC. 2.  Section 20090 of the Government Code is amended to read:
   20090.  The Board of Administration of the Public Employees'
Retirement System is continued in existence. It consists of:
   (a) One member of the State Personnel Board, selected by  ,
 and serving at the pleasure of  ,  the State Personnel
Board.
   (b) The Director of the Department of Personnel Administration.
   (c) The Controller.
   (d) The State Treasurer.
   (e) An official of a life insurer and an elected official of a
contracting agency, appointed by the Governor.
   (f) One person representing the public, appointed jointly by the
Speaker of the Assembly and the Senate Committee on Rules.
   (g) Six members elected under the supervision of the board as
follows:
   (1) Two members elected by the members of this system from the
membership thereof.
   (2) A member elected by the active state members of this system
from the state membership thereof.
   (3) A member elected by and from the active local members of this
system who are employees of a school district or a county
superintendent of schools.
   (4) A member elected by and from the active local members of this
system other than those who are employees of a school district or a
county superintendent of schools.
   (5) A member elected by and from the retired members of this
system.