BILL NUMBER: SB 1694	CHAPTERED  09/29/00

	CHAPTER   880
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	AMENDED IN ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   AUGUST 7, 2000

INTRODUCED BY   Senator Ortiz

                        FEBRUARY 22, 2000

   An act to amend Section 22508 of the Education Code and to amend
Section 20309 of the Government Code, relating to retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1694, Ortiz.  Public employees' retirement:  membership
election.
   Under existing law, members of the State Teachers' Retirement
System or the Public Employees' Retirement System, who become
employed by any of a list of other public employers to perform
service that requires membership in a different public retirement
system, may elect to be excluded from membership in that different
system and continue to have their service subject to their existing
system.
   This bill would make this election available to (1) members of the
State Teachers' Retirement System who become employed by the  state
to perform that type of service and who meet specified criteria and
(2) members of the Public Employees' Retirement System employed by
the State Department of Education who are subsequently employed to
perform service  subject to coverage by the State Teachers'
Retirement System.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 22508 of the Education Code is amended to read:

   22508.  (a) A member who becomes employed by the same or a
different school district or community college district, or a county
superintendent, or who becomes employed by the state in a position
described in subdivision (b), to perform service that requires
membership in a different public retirement system, and who is not
excluded from membership in that public retirement system, may elect
to have that service subject to coverage by the Defined Benefit
Program of this plan and excluded from coverage by the other public
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 other public retirement system.
  If that election is made, the service performed for the employer
after the date of hire shall be considered creditable service for
purposes of this part.
   (b) Subdivision (a) shall apply to a member who becomes employed
by the state only if the member is also one of the following:
   (1) Represented by a state bargaining unit that represents
educational consultants, professional educators, or librarians
employed by the state.
   (2) Excluded from the definition of "state employee" in
subdivision (c) of Section 3513 of the Government Code, but
performing, supervising, or managing work similar to work performed
by employees described in paragraph (1).
   (3) In a position not covered by civil service and in the
executive branch of government, but performing, supervising, or
managing work similar to work performed by employees described in
paragraph (1).
   (c) A member of the Public Employees' Retirement System who is
employed by a school district, community college district, a county
superintendent, or the State Department of Education and who is
subsequently employed to perform creditable service subject to
coverage by the Defined Benefit Program of this plan may elect to
have that subsequent service subject to coverage by the Public
Employees' Retirement System and excluded from coverage by the
Defined Benefit Program pursuant to Section 20309 of the Government
Code.  If the election is made, creditable service performed for the
employer after the date of hire shall be subject to coverage by the
Public Employees' Retirement System.
   (d) An election made by a member pursuant to this section shall be
irrevocable.
  SEC. 2.  Section 20309 of the Government Code is amended to read:
   20309.  (a) A member of the system who is employed by a school
employer, the Board of Governors of the California Community
Colleges, or the State Department of Education and who subsequently
is employed to perform service subject to coverage by the Defined
Benefit Program  of the State Teachers' Retirement Plan, may elect to
retain coverage by this system for that subsequent service.  An
election to retain coverage under this system shall be submitted in
writing by the member to the 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 after the member's date
of hire to perform service that requires membership in the Defined
Benefit Program of the State Teachers' Retirement Plan.  A member who
elects to retain coverage under this system pursuant to this section
shall be deemed to be a school member while employed by a school
employer.
   (b) Any election made pursuant to this section shall become
effective as of the first day of employment in the position that
qualified the member to make an election.