BILL NUMBER: SB 114 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2012
PASSED THE ASSEMBLY AUGUST 27, 2012
AMENDED IN ASSEMBLY AUGUST 22, 2012
AMENDED IN ASSEMBLY AUGUST 16, 2012
AMENDED IN ASSEMBLY JUNE 20, 2012
AMENDED IN ASSEMBLY MAY 14, 2012
AMENDED IN SENATE JANUARY 17, 2012
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE APRIL 4, 2011
AMENDED IN SENATE MARCH 23, 2011
AMENDED IN SENATE MARCH 10, 2011
INTRODUCED BY Senator Yee
JANUARY 19, 2011
An act to amend, repeal, and add Section 22138.5 of the Education
Code, relating to teachers' retirement.
LEGISLATIVE COUNSEL'S DIGEST
SB 114, Yee. Teachers: retirement.
The Teachers' Retirement Law, which is administered by the
Teachers' Retirement Board, prescribes a comprehensive system of
rights and benefits for its members, including disability benefits,
retirement benefits, and death benefits. That law specifies the days
or hours of creditable service that equal "full time" for the purpose
of calculating benefits under the Defined Benefit Program, with a
minimum standard applied, as specified. Under that law, each
collective bargaining agreement or employment agreement, which
applies to a member subject to the minimum standard for community
college based on 525 instructional hours per school year for all
instructors employed on a part-time basis, is required to specify the
number of hours of creditable service that equal full time and to
specifically reference that section.
This bill, as of July 1, 2013, would expand that provision to
apply to collective bargaining agreements or employment agreements
for community college instructors employed in adult education
programs who have a minimum of 875 instructional hours per school
year. The bill would also require a copy of the collective bargaining
agreements or employment agreements for those members to be
submitted to the State Teachers' Retirement System in accordance with
specified criteria and would require those agreements to specify the
number of hours of creditable service that equal "full time" for
each class of employee.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22138.5 of the Education Code is amended to
read:
22138.5. (a) "Full time" means the days or hours of creditable
service the employer requires to be performed by a class of employees
in a school year in order to earn the compensation earnable as
defined in Section 22115 and specified under the terms of a
collective bargaining agreement or employment agreement. For the
purpose of crediting service under this part, "full time" may not be
less than the minimum standard specified in this section. Each
collective bargaining agreement or employment agreement that applies
to a member subject to the minimum standard specified in paragraph
(5) of subdivision (c) shall specify the number of hours of
creditable service that equal "full time" pursuant to this section,
and shall make specific reference to this section.
(b) The minimum standard for full time in prekindergarten through
grade 12 is as follows:
(1) One hundred seventy-five days per year or 1,050 hours per
year, except as provided in paragraphs (2) and (3).
(2) (A) One hundred ninety days per year or 1,520 hours per year
for all principals and program managers, including advisers,
coordinators, consultants, and developers or planners of curricula,
instructional materials, or programs, and for administrators, except
as provided in subparagraph (B).
(B) Two hundred fifteen days per year or 1,720 hours per year
including school and legal holidays pursuant to the policy adopted by
the employer's governing board for administrators at a county office
of education.
(3) One thousand fifty hours per year for teachers in adult
education programs.
(4) Notwithstanding any other provision of this subdivision, if a
school district, county office of education, or charter school
reduces the number of days of instruction pursuant to Section 46201.4
for the 2012-13 or 2013-14 fiscal years, the minimum standard for
full time specified in paragraph (1) shall be reduced to the number
of days of instruction provided by that school district, county
office of education, or charter school and the number of hours of
instruction equal to the number of days of instruction times six. The
minimum standard for full time specified in paragraphs (2) and (3)
for that school district, county office of education, or charter
school shall be reduced by the same percentage of days and hours the
standard specified in paragraph (1) was reduced pursuant to this
paragraph.
(c) The minimum standard for full time in community colleges is as
follows:
(1) One hundred seventy-five days per year or 1,050 hours per
year, except as provided in paragraphs (2), (3), (4), (5), and (6).
Full time includes time for duties the employer requires to be
performed as part of the full-time assignment for a particular class
of employees.
(2) One hundred ninety days per year or 1,520 hours per year for
all program managers and for administrators, except as provided in
paragraph (3).
(3) Two hundred fifteen days per year or 1,720 hours per year
including school and legal holidays pursuant to the policy adopted by
the employer's governing board for administrators at a district
office.
(4) One hundred seventy-five days per year or 1,050 hours per year
for all counselors and librarians.
(5) Five hundred twenty-five instructional hours per school year
for all instructors employed on a part-time basis, except instructors
specified in paragraph (6). If an instructor receives compensation
for office hours pursuant to Article 10 (commencing with Section
87880) of Chapter 3 of Part 51 of Division 7 of Title 3, the minimum
standard shall be increased appropriately by the number of office
hours required annually for the class of employees.
(6) Eight hundred seventy-five instructional hours per school year
for all instructors employed in adult education programs. If an
instructor receives compensation for office hours pursuant to Article
10 (commencing with Section 87880) of Chapter 3 of Part 51 of
Division 7 of Title 3, the minimum standard shall be increased
appropriately by the number of office hours required annually for the
class of employees.
(d) The board has final authority to determine full time for
purposes of crediting service under this part if full time is not
otherwise specified in this section.
(e) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 22138.5 is added to the Education Code, to read:
22138.5. (a) (1) "Full time" means the days or hours of
creditable service the employer requires to be performed by a class
of employees in a school year in order to earn the compensation
earnable as defined in Section 22115 and specified under the terms of
a collective bargaining agreement or employment agreement. For the
purpose of crediting service under this part, "full time" may not be
less than the minimum standard specified in this section. Each
collective bargaining agreement or employment agreement that applies
to a member subject to the minimum standard specified in either
paragraph (5) or (6) of subdivision (c) shall specify the number of
hours of creditable service that equal "full time" pursuant to this
section for each class of employee subject to either paragraph, shall
make specific reference to this section, and the district shall
submit a copy of the agreement to the system.
(2) The copies of each agreement shall be submitted electronically
in a format determined by the system that ensures the security of
the transmitted member data.
(3) The copies shall be electronically submitted annually to the
system on or before July 1, or on or before the effective date of the
agreement, whichever is later.
(b) The minimum standard for full time in prekindergarten through
grade 12 is as follows:
(1) One hundred seventy-five days per year or 1,050 hours per
year, except as provided in paragraphs (2) and (3).
(2) (A) One hundred ninety days per year or 1,520 hours per year
for all principals and program managers, including advisers,
coordinators, consultants, and developers or planners of curricula,
instructional materials, or programs, and for administrators, except
as provided in subparagraph (B).
(B) Two hundred fifteen days per year or 1,720 hours per year
including school and legal holidays pursuant to the policy adopted by
the employer's governing board for administrators at a county office
of education.
(3) One thousand fifty hours per year for teachers in adult
education programs.
(4) Notwithstanding any other provision of this subdivision, if a
school district, county office of education, or charter school
reduces the number of days of instruction pursuant to Section 46201.4
for the 2012-13 or 2013-14 fiscal years, the minimum standard for
full time specified in paragraph (1) shall be reduced to the number
of days of instruction provided by that school district, county
office of education, or charter school and the number of hours of
instruction equal to the number of days of instruction times six. The
minimum standard for full time specified in paragraphs (2) and (3)
for that school district, county office of education, or charter
school shall be reduced by the same percentage of days and hours the
standard specified in paragraph (1) was reduced pursuant to this
paragraph.
(c) The minimum standard for full time in community colleges is as
follows:
(1) One hundred seventy-five days per year or 1,050 hours per
year, except as provided in paragraphs (2), (3), (4), (5), and (6).
Full time includes time for duties the employer requires to be
performed as part of the full-time assignment for a particular class
of employees.
(2) One hundred ninety days per year or 1,520 hours per year for
all program managers and for administrators, except as provided in
paragraph (3).
(3) Two hundred fifteen days per year or 1,720 hours per year
including school and legal holidays pursuant to the policy adopted by
the employer's governing board for administrators at a district
office.
(4) One hundred seventy-five days per year or 1,050 hours per year
for all counselors and librarians.
(5) Five hundred twenty-five instructional hours per school year
for all instructors employed on a part-time basis, except instructors
specified in paragraph (6). If an instructor receives compensation
for office hours pursuant to Article 10 (commencing with Section
87880) of Chapter 3 of Part 51 of Division 7 of Title 3, the minimum
standard shall be increased appropriately by the number of office
hours required annually for the class of employees.
(6) Eight hundred seventy-five instructional hours per school year
for all instructors employed in adult education programs. If an
instructor receives compensation for office hours pursuant to Article
10 (commencing with Section 87880) of Chapter 3 of Part 51 of
Division 7 of Title 3, the minimum standard shall be increased
appropriately by the number of office hours required annually for the
class of employees.
(d) The board has final authority to determine full time for
purposes of crediting service under this part if full time is not
otherwise specified in this section.
(e) This section shall become operative on July 1, 2013.