BILL NUMBER: SB 227	AMENDED
	BILL TEXT

	AMENDED IN SENATE   MARCH 17, 1997

INTRODUCED BY  Senator Solis

                        JANUARY 30, 1997

   An act to add Sections 22508.5 and 70905 to the Education Code,
and to add Section 20309 to the Government Code, relating to
community colleges.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 227, as amended, Solis.  Community colleges: officers and
employees.
   Existing law permits members of the Public Employees' Retirement
System and the State Teachers' Retirement System who are subsequently
employed in a position requiring membership in the other system to,
upon an election made within 60 days in writing, remain in their
initial retirement system.
   This bill would permit certain State Teachers' Retirement System
and Public Employees' Retirement System members subsequently employed
by community college districts in positions that would require the
individual to become a member of a different retirement system, to
elect within 90 days, in writing, to remain in his or her initial
retirement system.
   The bill would also permit the Board of Governors of the
California Community Colleges and a community college district or
publicly funded community college organization to enter into an
agreement for the loan or assignment of an employee to or from the
chancellor's office, in accordance with specified conditions.  
   This bill would also permit certain employees of state agencies
that are involved with educational policy to reestablish membership
in the State Teachers' Retirement System under specified
circumstances.
   Further, this bill would permit employees of the Board of
Governors of the California Community Colleges who are eligible for
Second Tier benefits under the Public Employees' Retirement System to
elect First Tier membership under specified circumstances. 
   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 22508.5 is added to the Education Code, to
read:
   22508.5.   (a)  Any person who is a member of the State
Teachers' Retirement System employed by a community college district
who subsequently is employed by any state agency involved with
educational policy, to perform duties that require membership in a
different public retirement system, shall be excluded from membership
in that different system if he or she elects, in writing, and files
that election in the office of the State Teachers' Retirement System
within 90 days after the person's entry into the new position, to
continue as a member of the State Teachers' Retirement System.

   This  
   (b) Notwithstanding any other provision of law, any person who was
a member of the State Teachers' Retirement System employed by a
community college district who subsequently was employed prior to
January 1, 1998, by any state agency involved with educational
policy, to perform duties that required membership in a different
public retirement system, may reestablish membership in the State
Teachers' Retirement System if he or she so elects, in writing, and
files that election in the office of the board no later than March
31, 1998.  After the effective date of that election, the person
shall be excluded from the different public retirement system.
   (c) This  section shall apply to changes in employment
effected on or after January 1, 1998.
  SEC. 2.  Section 70905 is added to the Education Code, to read:
   70905.  (a) The Board of Governors of the California Community
Colleges may enter into an agreement with any district or publicly
funded organization within the California Community Colleges for the
loan or temporary assignment to the board of governors of a person
employed by any district or publicly funded community college
organization within the system.  The temporary assignment or loan of
that employee shall not exceed two years, except that an extension of
two years shall be authorized when the board of governors finds it
necessary to meet a compelling program or management need. Any
temporary loan or assignment shall be made only with the consent of
the employee, under the terms and conditions agreeable to the
employee.
   (b) The board of governors may enter into an agreement within any
community college district for the loan or temporary assignment of an
employee of the chancellor's office to any district within the
system.  The temporary assignment or loan of that employee shall not
exceed two years, except that an extension of two years shall be
authorized when the district and the board of governors find it
necessary to meet a compelling program or management need of the
district, or a compelling training need for the board of governors.
Any temporary loan or assignment shall be made only with the consent
of the employee, under the terms and conditions agreeable to the
employee.
  SEC. 3.  Section 20309 is added to the Government Code, to read:
   20309.   (a)  Any person who is a member of the Public
Employees' Retirement System employed by the Board of Governors of
the California Community Colleges who subsequently is employed by a
community college district to perform duties that require membership
in a different public retirement system, shall be excluded from
membership in the different system if he or she elects, in writing,
and files that election in the office of the Public Employees'
Retirement System within 90 days after the person's entry into the
new position, to continue as a member of the Public Employees'
Retirement System.  
   This  
   (b) Notwithstanding any other provision of law, any person who is
a member of the Public Employees' Retirement System eligible for
Second Tier benefits and who is employed by the Board of Governors of
the California Community Colleges on January 1, 1998, shall have the
right to elect First Tier benefits for all service after the
effective date of that election, if and only if:
   (1) He or she was first employed by the Board of Governors on or
after July 1, 1991.
   (2) He or she was previously a member of the Public Employees'
Retirement System when employed by another public agency.
   (3) He or she files the required election, in writing, in the
office of the board no later than March 31, 1998.
   (c) This  section shall apply to changes in employment
effected on or after January 1, 1998.