BILL NUMBER: SB 227	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JUNE 3, 1997
	AMENDED IN SENATE   APRIL 23, 1997
	AMENDED IN SENATE   MARCH 17, 1997

INTRODUCED BY  Senator Solis

                        JANUARY 30, 1997

   An act to amend Section 22509 of, and 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 specified state agencies in positions that would require the
individual to become a member of a different retirement system, to
elect coverage in either system within 60 days, in writing.
   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.
   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 member employed by a community college district,
school district, or county superintendent's office, who subsequently
is employed by any of the following state agencies involved with
educational policy, to perform service that requires membership in
the Public Employees' Retirement System, may elect to have that
service subject to coverage by this plan and excluded from coverage
by the Public Employees' Retirement System. The election shall be
made in writing, on a form prescribed by this system, within 60 days
from the date of hire in the position requiring membership in the
Public Employees' Retirement System.  If that election is made,
service performed for any of the following agencies after the date of
hire shall be considered creditable service for purposes of this
part:
   (1) The State Department of Education.
   (2) The Community College Chancellor's office.
   (3) The California Postsecondary Education Commission.
   (4) The California Council on Private Postsecondary Vocational
Education.
   (5) The Commission on Teacher Credentialing.
   (6) The Student Aid Commission.
   (b) Any member of the Public Employees' Retirement System who is
employed by the Board of Governors of the California Community
Colleges who subsequently is employed by a community college district
to perform creditable service subject to coverage by this plan, may
elect to have that service subject to coverage by the Public
Employees' Retirement System and excluded from coverage by this plan.
  The election shall be made in writing on a form prescribed by this
system within 60 days from the date of hire to perform creditable
service.  If that election is made, creditable service performed for
the community college district after the date of hire shall be
subject to coverage by the Public Employees' Retirement System.
   (c) This section shall apply to changes in employment effective on
or after January 1, 1998.  
   22508.5.  (a) A member employed by a community college district,
school district, or county superintendent's office, who subsequently
is employed by a state agency involved with educational policy, to
perform service subject to coverage by the Public Employees'
Retirement System, shall retain coverage by this plan for that
service if all of the following conditions are met:
   (1) The member becomes employed by any of the following entities:

   (A) The State Department of Education.
   (B) The Community College Chancellor's office.
   (C) The California Postsecondary Education Commission.
   (D) The California Council on Private Postsecondary Vocational
Education.
   (E) The Commission on Teacher Credentialing.
   (F) The Student Aid Commission.
   (2) The member has the minimum number of years of credited service
required for eligibility to retire for service pursuant to paragraph
(1) of subdivision (a) of Section 24201 or subdivision (a) of
Section 24203.
   (3) The time that will elapse between the date the member's change
in employment is effective and the date the member reaches early
retirement age is less than the time required to accrue the minimum
number of years of service statutorily required for eligibility to
retire for service under the Public Employees' Retirement System.
   (4) An election to retain coverage under the Defined Benefit Plan
is submitted in writing by the member to the State Teachers'
Retirement System on a form prescribed by the system, and a copy of
the election is submitted to the Public Employees' Retirement System,
within 60 days of the date the member's change in employment is
effective.
   (b) A member of the Public Employees' Retirement System who is
employed by the Board of Governors of the California Community
Colleges who subsequently is employed by a community college district
to perform creditable service subject to coverage by this plan, may
elect to have that service subject to coverage by the Public
Employees' Retirement System and excluded from coverage by this plan
pursuant to Section 20309 of the Government Code.
   (c) This section shall apply to changes in employment effective on
or after January 1, 1998. 
  SEC. 2.  Section 22509 of the Education Code is amended to read:
   22509.  (a) Within 10 working days of the date of hire of an
employee who has the right to make an election pursuant to Section
22508 or 22508.5, the employer shall inform the employee of the right
to make an election and shall make available to the employee written
information provided by each retirement system concerning the
benefits provided under that retirement system to assist the employee
in making an election.
   (b) Any election made pursuant to subdivision (a) of Section 22508
or subdivision (a) of Section 22508.5 shall be filed with the office
of the State Teachers' Retirement System and a copy of the election
shall be filed with the other public retirement system.  Any election
made pursuant to subdivision (b) of Section 22508 or subdivision (b)
of Section 22508.5 shall be filed with the office of the Public
Employees' Retirement System and a copy of the election shall be
filed with the office of this system.
   (c) Any election made pursuant to Section 22508 or Section 22508.5
shall become effective as of the first day of employment in the
position that qualified the employee to make an election.
  SEC. 3.  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. 4.  Section 20309 is added to the Government Code, to read:

   20309.  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 service subject to coverage by
a different public retirement system, may elect in writing to have
that service subject to coverage by the other public retirement
system and excluded from coverage by the Public Employees' Retirement
System.  The election shall be filed in the office of the Public
Employees' Retirement System, and a copy of the election shall be
filed in the office of the other public retirement system, within 60
days after the person's entry into the new position, to have that
service subject to coverage by the Public Employees' Retirement
System and excluded from coverage by the other public retirement
system.
   This section shall apply to changes in employment effected on or
after January 1, 1998.  
   20309.  (a) A member of the Public Employees' Retirement System
who is employed by the Board of Governors of the California Community
Colleges and who subsequently is employed by a community college
district to perform service subject to coverage by the State Teachers'
Retirement System, shall retain coverage by the Public Employees'
Retirement System for that service if all of the following conditions
are met:
   (1) The member is credited with the minimum years of service
required for retirement pursuant to Sections 21060 or 21074,
whichever is applicable.
   (2) The time that will elapse between the date the member's change
in employment is effective and the date the member will attain the
minimum age required for retirement pursuant to Sections 21060 or
21074, whichever is applicable, is less than the time required to
accrue the minimum number of years of service required for retirement
under the State Teachers' Retirement System.
   (3) An election to retain coverage under the Public Employees'
Retirement System is submitted in writing by the member to the Public
Employees' Retirement System on a form prescribed by the system, and
a copy of the election is submitted to the State Teachers'
Retirement System, within 60 days of the date the member's change in
employment is effective.
   (b) This section shall apply to changes in employment effective on
or after January 1, 1998.