BILL NUMBER: AB 3076	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2004

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

                        MARCH 11, 2004

   An act to amend  Section   Sections 
22003  , 22502, and 22601.5  of the Education Code, relating
to state teachers' retirement.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 3076, as amended,  Committee on Public Employees,
Retirement and Social Security   Mullin  .  State
Teachers' Retirement Law  : part-time community college faculty
 . 
   The State Teachers' Retirement Law establishes a comprehensive
system of retirement benefits for members of that system and their
beneficiaries.  Existing law provides that specified revisions to
that law are not to be construed to affect the benefits of persons
retired prior to July 1, 1972, or their beneficiaries.  

   Existing law requires any person who performs creditable service,
as defined, on a part-time basis to become a member of the Defined
Benefit Program of the Teachers' Retirement Plan if the person is not
already a member and is employed to perform 50% or more of the
full-time equivalent for the position.  Existing law provides that
persons who teach adult or community college classes for not more
than 60% of the full-time assignment are classified as temporary
employees.
   This bill would exclude community college faculty members from
mandatory membership in the Defined Benefit Program so long as they
are classified as temporary employees. 
   This bill would  also  make  a 
technical, nonsubstantive  change   changes
 to  that provision   the State Teachers'
Retirement Law  .
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  
no   yes  . State-mandated local program:  no.


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


  SECTION 1.  Section 22003 of the Education Code is amended to read:

   22003.  The revision of the State Teachers' Retirement Law,
enacted at the 1971 and 1972 Regular Sessions of the Legislature, may
not be construed to affect benefits of persons retired prior to July
1, 1972, or their beneficiaries, except as specifically provided.

  SEC. 2.  Section 22502 of the Education Code is amended to read:

   22502.  (a) Any person employed  by a school district or
county office of education  to perform creditable service on a
part-time basis  ,  who is not already a member of the
Defined Benefit Program ,  shall become a member as of the
first day of subsequent employment to perform creditable service for
50 percent or more of the full-time equivalent for the position,
unless excluded from membership pursuant to Section 22601.
   (b)  Any person employed by a community college district to
perform creditable service on a part-time basis, who is not already a
member of the Defined Benefit Program, shall become a member as of
the first day of subsequent employment to perform creditable service
that is not subject to Section 87482.5, unless excluded from
membership pursuant to Section 22601.
   (c)  This section shall apply to persons who perform service
subject to coverage under this part and to persons who are employed
by employers who provide benefits for their employees under Part 14
(commencing with Section 26000).  
   (c)  
   (d)  This section shall be deemed to have become operative on
July 1, 1996.   
  SEC. 3.  Section 22601.5 of the Education Code is amended to read:

   22601.5.  (a) Any person employed  by a school district or
county office of education  to perform creditable service who is
not already a member in the Defined Benefit Program and whose basis
of employment is less than 50 percent of the full-time equivalent for
the position is excluded from mandatory membership in the Defined
Benefit Program.
   (b)  Any person employed by a community college district to
perform creditable service pursuant to Section 87482.5 who is not
already a member in the Defined Benefit Program is excluded from
mandatory membership in the Defined Benefit Program.
   (c)  This section shall apply to persons who perform service
subject to coverage under this part and to persons who are employed
by employers who provide benefits for their employees under Part 14
(commencing with Section 26000).  
   (c)  
   (d)  This section shall be deemed to have become operative on
July 1, 1996.