Senate BillNo. 292

Introduced by Senator Pan

February 23, 2015

An act to amend Section 20300 of the Government Code, relating to public employees’ retirement.


SB 292, as introduced, Pan. Public Employees’ Retirement System: membership: exclusions.

The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS), which provides a defined benefit to its members based on age at retirement, service credit, and final compensation. Existing law defines “member” for purposes of PERL and excludes certain people from membership in PERS.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P1    1


Section 20300 of the Government Code is
2amended to read:



The following persons are excluded from membership
4in this system:

5(a) Inmates of state or public agency institutions who are allowed
6compensation for the service they are able to perform.

7(b) Independent contractors who are not employees.

8(c) Persons employed as student assistants in the state colleges
9and persons employed as student aides in the special schools of
P2    1the State Department of Education and in the public schools of the

3(d) Persons employed as teacher assistants pursuant to Section
444926 of the Education Code.

5(e) Participants, other than staff officers and employees, in the
6California Conservation Corps.

7(f) Persons employed as participants in a program of, and whose
8wages are paid in whole or in part by federal funds in accordance
9with, Section 1501 et seq. of Title 29 of the United States Code.
10This subdivision does not apply with respect to persons employed
11in job classes that provide eligibility for patrol or safety
12membership or to the career staff employees of an employer.

13(g) All persons who are members inbegin delete anyend deletebegin insert aend insert teachers’ retirement
14system, as to the service in which they are members ofbegin delete anyend deletebegin insert aend insert
15 teachers’ retirement system.

16(h) Except as otherwise provided in this part, persons rendering
17professional legal services to a city, other than the person holding
18the office of city attorney, the office of assistant city attorney, or
19an established position of deputy city attorney.

20(i) A person serving the university as a teacher in university
21extension, whose compensation for that service is established on
22the basis of class enrollment, either actual or estimated, with respect
23to that service.

24(j) A person serving a California State University as a teacher
25in extension service, whose compensation for that service is
26established on the basis of class enrollment, either actual or
27estimated, with respect to that service.

28(k) A teacher or academic employee of the university or any
29California State University who is otherwise fully employed and
30who serves as a teacher or in an academic capacity inbegin delete anyend deletebegin insert aend insert summer
31session or intersession, for which he or she receives compensation
32specifically attributable to that service in summer session or
33intersession, with respect to that service.

34(l) A person who is employed under the California Senate
35Fellows, the Assembly Fellowship, the Judicial Administration
36Fellowship, or the Executive Fellowship programs.

37(m) Board members of the State Compensation Insurance Fund,
38including those appointed by the Governor.