California Legislature—2015–16 Regular Session

Assembly Bill No. 2155

Introduced by Assembly Member Ridley-Thomas

February 17, 2016

An act to amend Section 22138.5 of the Education Code, relating to teachers.

LEGISLATIVE COUNSEL’S DIGEST

AB 2155, as introduced, Ridley-Thomas. Teachers: retirement: full time.

The Teachers’ Retirement Law creates the State Teachers’ Retirement System and State Teachers’ Retirement Plan for the purpose of providing teachers and other specified employees with financially sound retirement plans, and vests administration of the system and the plan with the Teachers’ Retirement Board. That law defines the term “full time” as the days or hours of creditable service an employer requires a class of employees to perform in a school year in order to earn the compensation earnable, as defined, and provides that one measure of the minimum standard for full time in community colleges is 875 instructional hours per school year for all instructors employed in adult education programs.

This bill would provide that instructors employed in certain adult education programs, as specified, are not subject to the 875-hour requirement.

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 22138.5 of the Education Code is
amended 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 equals
“full time” pursuant to this section for each class of employee
subject to either paragraph and 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.

(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 begin delete programs. end delete
begin insert programs, except for programs offered pursuant to Section
84760.5. end insert 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.