BILL NUMBER: AB 2232	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2004

INTRODUCED BY   Committee on Public Employees, Retirement and Social
Security (Negrete McLeod (Chair), Levine (Vice Chair), Chan, Correa,
and Kehoe)

                        FEBRUARY 18, 2004

   An act to amend Section 22717 of the Education Code, relating to
state teachers' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2232, as amended, Committee on Public Employees, Retirement and
Social Security.    State teachers' retirement:  service credit.
   Existing law authorizes members of the Defined Benefit Program of
the State Teachers' Retirement Plan to receive service credit for
accumulated and unused sick leave, which service credit is calculated
by dividing the number of accumulated leave days by the greatest of
(1) the number of days of service required for that member's class of
employees in a school year, (2) the minimum number of days
comprising full time for that member, or (3) 175 days.
   Under this bill,  as of January 1, 2006,  that service
credit would be calculated by dividing the number of accumulated
leave days by the greater of (1) the number of days of service
required for that member's class of employees in a school year or (2)
the minimum number of days that comprise full-time service for that
member  ; however, if the member, during his or her final year of
service, reduces his or her service to less than a full-time basis,
the service credit for his or her accumulated leave days would be
based on the number of days required for that member's class of
employees in the school year prior to his or her reduction in service
 .
   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 22717 of the Education Code is amended to read:

   22717.  (a) A member shall be granted credit at service retirement
for each day of accumulated and unused leave of absence for illness
or injury for which full salary is allowed to which the member was
entitled on the member's final day of employment with the employer by
which the member was last employed to perform creditable service
subject to coverage by the Defined Benefit Program.
   (b) The amount of service credit to be granted shall be determined
by dividing the number of days of accumulated and unused leave of
absence for illness or injury by the number of days of service the
employer requires the member's class of employees to perform in a
school year during the member's final year of creditable service
subject to coverage by the Defined Benefit Program, which  may not be
less than the minimum standard specified in Section 22138.5.  The
number of days may not include school and legal holidays.  For
members employed less than full time, the standards identified in
Section 22138.5 shall be considered as the minimum full-time
equivalent.  For those standards identified in Section 22138.5 that
are applicable to teachers or instructors and that are expressed only
in terms of hours or instructional hours, the number of hours or
instructional hours shall be divided by six to determine the number
of days.
   (c) When the member has made application for service retirement
under this part, the employer shall certify to the board, within 30
days following the effective date of the member's service retirement,
the number of days of accumulated and unused leave of absence for
illness or injury that the member was entitled to on the final day of
employment.  The board may assess a penalty on delinquent reports.

   (d) This section shall be applicable to any person who retires on
or after January 1, 1999.  
   (d) A member who reduces his or her basis of employment from
full-time to less than full-time during the member's final year of
creditable service subject to coverage by the Defined Benefit Program
shall receive an amount of service credit from accumulated unused
leave that is based on the number of days of service the employer
required the member's class of employees to perform in the school
year prior to the reduction in the member's basis of employment.
  
  SEC. 2.  This act shall be operative on January 1, 2006.