BILL NUMBER: SB 227	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   SEPTEMBER 4, 1997
	AMENDED IN ASSEMBLY   AUGUST 25, 1997
	AMENDED IN ASSEMBLY   JULY 18, 1997
	AMENDED IN ASSEMBLY   JULY 3, 1997
	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 Sections 22509, 22801, and 22803 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 require the Public Employees' Retirement System to transfer
assets to the State Teachers' Retirement System when a member elects
to become a member of the State Teachers' 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.
   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 the Board of Governors of the California
Community Colleges 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 60 days after the person's entry into the new position, to
continue as a member of the State Teachers' Retirement System.
   (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 22801 of the Education Code is amended to read:
   22801.  (a) A member who elects to receive additional service
credit as provided in this chapter shall pay, prior to retirement,
all contributions with respect to that service at the contribution
rate for additional service credit  , adopted by the board as a
plan amendment,  in effect at the time of election.
   (b) If the member is employed to perform creditable service
subject to coverage by the plan at the time of the election, the
contributions shall be based upon the compensation earnable in the
current school year or either of the two immediately preceding school
years, whichever is highest.
   (c) If the member is not employed to perform creditable service
subject to coverage by the plan at the time of the election, the
contributions shall be based upon the compensation earnable in the
last school year of credited service or either of the two immediately
preceding school years, whichever is highest.
   (d) The employer may pay the amount required as employer
contributions for additional service credited under paragraphs (2),
(6), (7), (8), and (9) of subdivision (a) of Section 22803.
   (e) The Public Employees' Retirement System shall transfer the
actuarial present value of the assets of a person who makes an
election pursuant to paragraph (10) of subdivision (a) of Section
22803.
   (f) Regular interest shall be charged on all contributions from
the end of the school year on which the contributions were based to
the date of payment.
   (g) Regular interest shall be charged on the monthly unpaid
balance if the member pays in installments.
  SEC. 4.  Section 22803 of the Education Code is amended to read:
   22803.  (a) A member may elect to receive credit for any of the
following:
   (1) Service performed in a teaching position in a publicly
supported and administered university or college in this state.
   (2) Service performed in a certificated teaching position in a
child care center operated by a county superintendent of schools or a
school district in this state.
   (3) Service performed in a teaching position in the California
School for the Deaf or the California School for the Blind, or in
special classes maintained by the public schools of this state for
the instruction of the deaf, the hard of hearing, the blind, or the
semisighted.
   (4) Service performed in a certificated teaching position in a
federally supported and administered Indian school in this state.
   (5) Time served, not to exceed two years, in a certificated
teaching position in a job corps center administered by the United
States government in this state if the member was employed to perform
creditable service subject to coverage by the plan within one year
prior to entering the service and returned to employment to perform
creditable service subject to coverage by the plan within six months
following the date of termination of service in the job corps.
   (6) Time spent on a sabbatical leave after July 1, 1956.
   (7) Time spent on an approved leave to participate in any program
under the federal Mutual Educational and Cultural Exchange Program.
   (8) Time spent on an approved maternity or paternity leave of two
years or less in duration, regardless of whether or not the leave was
taken before or after the addition of this subdivision.
   (9) Time spent on an approved leave, up to four months in any
12-month period, for family care or medical leave purposes, as
defined by Section 12945.2 of the Government Code, as it read on the
date leave was granted, excluding maternity and paternity leave.
   (10) Time spent employed by the Board of Governors of the
California Community Colleges in a position subject to coverage by
the Public Employees' Retirement System between July 1, 1991, and
December 31, 1997, provided the member has elected to return to
coverage under the State Teachers' Retirement System pursuant to
Section 20309 of the Government Code.
   (b) In no event shall the member receive credit for service or
time described in paragraphs (1) to (10), inclusive, of subdivision
(a) if the member has received or is eligible to receive credit for
the same service or time in the Cash Balance Plan under Part 14
(commencing with Section 26000) or another retirement system.
  SEC. 5.  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)  
   70905.   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. 6.  Section 20309 is added to the Government Code, to read:
   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, may elect to retain coverage by the Public
Employees' Retirement System for that service.  An election to retain
coverage under the Public Employees' Retirement System shall be
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 shall be submitted to the State Teachers' Retirement
System, within 60 days of the date the member's change in employment
is effective.
   (b) (1) A member who had been a member of the State Teachers'
Retirement System and who changed employment and became a member of
the Public Employees' Retirement System on or after July 1, 1991, but
before January 1, 1998, may elect to return to coverage under the
State Teachers' Retirement System if an election to do so is made in
writing to each system on or before March 1, 1998.  Members who elect
to transfer to the State Teachers' Retirement System shall pay,
prior to retirement, all contributions with respect to service in the
Public Employees' Retirement System at the contribution rate for
additional service credit in effect at the time of the transfer to
the State Teachers' Retirement System.
   (2) The Public Employees' Retirement System shall transfer the
actuarial present value of the assets of a person who makes an
election pursuant to this subdivision to the State Teachers'
Retirement System.
   (3) The Public Employees' Retirement System is not required to
identify and notify members who may be eligible for the election
allowed by this section.
   (c) Subdivision (a) shall apply to changes in employment effective
on or after January 1, 1998.