BILL NUMBER: AB 2554	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 21, 2004
	AMENDED IN SENATE  JULY 19, 2004
	AMENDED IN SENATE  JUNE 15, 2004
	AMENDED IN ASSEMBLY  MARCH 24, 2004

INTRODUCED BY   Assembly Member Pavley
   (Coauthors:  Assembly Members Chavez and Levine)
   (Coauthors:  Senators Karnette and Kuehl)

                        FEBRUARY 20, 2004

   An act to amend Sections 24216, 24216.5, and 24216.6 of the
Education Code, relating to state teachers' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2554, as amended, Pavley.  State teachers' retirement:
postretirement earnings.
   Under existing law, the service retirement allowance of a retired
member of the Defined Benefit Program of the Teachers' Retirement
Plan is reduced if the member's postretirement compensation from
specified activities exceeds a certain dollar amount, except in
specified circumstances.
   Existing law exempts from that earnings limitation, until January
1, 2008, service performed in an emergency situation in certain
vacant administrative positions for up to 1/2 of the full-time
equivalent for that position, if certain conditions are met.
   This bill would limit the period of that exemption to not more
than 2 years after the date the retired member is appointed or
assigned to that position.
   Existing law also exempts from the earnings limitation, until July
1, 2005, any of a list of specified types of service performed by
members who retired for service on or before January 1, 2000, if
certain conditions were met.
   This bill would extend that exemption until January 1, 2008, would
expand it to apply to service performed by members who retired for
service on or before  July 1, 2004, and would expand the list of
types of service subject to the exemption to include instruction and
services provided to pupils in special education programs and English
language learner programs.
   Existing law also exempts from the earnings limitation direct
remedial instruction, as specified, performed by retired members who
retired for service on or before July 1, 2000.
   This bill would expand that exemption to apply to those services
performed by members who retired for service on or before July 1,
2004.
   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 24216 of the Education Code is amended to read:

   24216.  (a) (1) A member retired for service under this part who
is appointed as a trustee or administrator by the Superintendent of
Public Instruction pursuant to Section 41320.1, or a member retired
for service who is assigned by a county superintendent of schools
pursuant to Article 2 (commencing with Section 42122) of Chapter 6 of
Part 24, shall be exempt from subdivisions (d) and (f) of Section
24214 for a maximum period of two years.
   (2) The period of exemption shall commence on the date the member
retired for service is appointed or assigned and shall end no more
than two calendar years from that date, after which the limitation
specified in subdivisions (d) and (f) of Section 24214 shall apply.
   (3) An exemption under this subdivision shall be granted by the
system providing that the Superintendent of Public Instruction or the
county superintendent of schools submits documentation required by
the system to substantiate the eligibility of the member retired for
service for an exemption under this subdivision.
   (b) (1) A member retired for service under this part who is
employed by an employer to perform creditable service in an emergency
situation to fill a vacant administrative position requiring highly
specialized skills shall be exempt from the provisions of
subdivisions (d) and (f) of Section 24214 for creditable service
performed up to one-half of the full-time equivalent for that
position, if the vacancy occurred due to circumstances beyond the
control of the employer.
   (2) The period of exemption shall commence on the date the member
retired for service is appointed or assigned and shall end no more
than two calendar years from that date, after which the limitation
specified in subdivisions (d) and (f) of Section 24214 shall apply.
   (3) An exemption under this subdivision shall be granted by the
system subject to the following conditions:
   (A) The recruitment process to fill the vacancy on a permanent
basis is expected to extend over several months.
   (B) A member retired for service under this part who is employed
to fill the vacancy shall be employed to  the  fill
the vacancy for no more than a single two-year term under this
exemption.
   (C) The employment is reported in a public meeting of the
governing body of the employer.
   (D) The employer submits documentation required by the system to
substantiate the eligibility of the member retired for service for an
exemption under this subdivision.
   (c) This section does not apply to any person who has received
additional service credit pursuant to Section 22715 or 22716.
   (d) A person who has received additional service credit pursuant
to Section 22714 or 22714.5 shall be ineligible for one year from the
effective date of retirement for the exemption provided in this
section for service performed in the district from which he or she
retired.
   (e) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2008, deletes or extends
that date.
  SEC. 2.  Section 24216.5 of the Education Code is amended to read:

   24216.5.  (a) The compensation earned by a member who retired for
service under this part shall be exempt from subdivisions (d), (f),
and (g) of Section 24214, if all of the following conditions are met:

   (1) The member retired for service with an effective date on or
before July 1, 2004.
   (2) The member retired for service is employed by a school
district to provide any of the following:
   (A) Direct classroom instruction to pupils enrolled in
kindergarten or any grades 1 to 12, inclusive.
   (B) Support and assessment for new teachers through the Beginning
Teacher Support and Assessment program authorized by Section 44279.1.

   (C) Support to individuals completing student teaching
assignments.
   (D) Support to individuals participating in the following
programs:
   (i) Pre-Internship Teaching Program authorized pursuant to Article
5.6 (commencing with Section 44305) of Chapter 2 of Part 25.
   (ii) Alternative certification programs authorized pursuant to
Article 11 (commencing with Section 44380) of Chapter 2 of Part 25.
   (iii) School Paraprofessional Teacher Training Program established
pursuant to Article 12 (commencing with Section 44390) of Chapter 2
of Part 25.
   (E) Instruction and pupil services provided to pupils enrolled in
special education programs authorized pursuant to Part 30 (commencing
with Section 56000) of Division 4 of Title 2.
   (F) Instruction to pupils enrolled in English language learner
programs authorized pursuant to Chapter 3 (commencing with Section
300), Chapter 4 (commencing with Section 400), and Chapter 6
(commencing with Section 430) of Part 1 of Division 1.
   (3) All members retired for service whose employment with a school
district meets the conditions specified in this section shall be
treated as a distinct class of temporary employees within the
existing bargaining unit whose service may not be included in
computing the service required as a prerequisite to attainment of or
eligibility for classification as a permanent employee of a school
district.  The compensation for service performed by this class of
employees shall be established in accordance with subdivision (b) of
Section 24214 and agreed to in the collective bargaining agreement
between the employing school district and the exclusive
representative for the existing bargaining unit within which these
temporary employees of the school district are treated as a distinct
class.
   (4) The employing school district submits documentation required
by the system to substantiate the eligibility of the temporary
employment of a member retired for service for the exemption under
this subdivision.
   (b) A school district that employs a member retired for service
pursuant to this section shall maintain accurate records of the
retired member's compensation earned and shall report that
compensation monthly to the system regardless of the method of
payment or the source of funds from which the compensation is paid.
   (c) This section does not apply to the compensation earned for
creditable service performed by a member retired for service for a
community college district.
   (d) This section shall remain in effect only until January 1,
2008, and as of that date is repealed unless a later enacted statute
which is enacted before January 1, 2008, deletes or extends that
date.
  SEC. 3.  Section 24216.6 of the Education Code is amended to read:

   24216.6.  (a) The compensation earned by a member who retired for
service under this part shall be exempt from subdivisions (d), (f),
and (g) of Section 24214, if all of the following conditions are met:

   (1) The member retired for service with an effective date on or
before July 1, 2004.
   (2) The member retired for service is employed by a school
district to provide direct remedial instruction to pupils in grades 2
to 12, inclusive.  "Remedial instruction" means the programs
specified in Sections 37252 and 37252.2.
   (3) All members retired for service whose employment with a school
district meets the conditions specified in this section shall be
treated as a distinct class of temporary employees within the
existing bargaining unit whose service  may not be included in
computing the service required as a prerequisite to attainment of or
eligibility for classification as a permanent employee of a school
district.  The compensation for service performed by this class of
employees shall be established in accordance with subdivision (b) of
Section 24214 and agreed to in the collective bargaining agreement
between the employing school district and the exclusive
representative for the existing bargaining unit within which these
temporary employees of the school district are treated as a distinct
class.
   (4) The employing school district submits documentation required
by the system to substantiate the eligibility of the temporary
employment of a member retired for service for the exemption under
this subdivision.
   (b) A school district that employs a member retired for service
pursuant to this section shall maintain accurate records of the
retired member's compensation earned and shall report that
compensation monthly to the system regardless of the method of
payment or the source of funds from which the compensation is paid.
   (c) This section  does not apply to the compensation earned for
creditable service performed by a member retired for service for a
county office of education or a community college district.