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.