BILL NUMBER: SB 1137 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Burton
JANUARY 20, 2004
An act to amend Section 22200 of the Education Code, relating to
state teachers' retirement.
LEGISLATIVE COUNSEL'S DIGEST
SB 1137, as introduced, Burton. Teachers' Retirement System:
retirement board.
Existing law, the Teachers' Retirement Law, provides for the
election, as of January 1, 2004, of 3 members of the Teachers'
Retirement Board, at elections conducted by the board. One of those
members is to be elected by specified active members of the Defined
Benefit Program of the State Teachers' Retirement Plan. Existing law
also provides for the appointment, as of January 1, 2004, to the
board of either a retired member of the Defined Benefit Program or a
retired participant of the Cash Balance Benefit Program of the State
Teachers' Retirement Plan.
This bill would, as of January 1, 2006, provide that the appointed
retired member of the board shall instead be elected by the retired
members of the Defined Benefit Program, retired participants of the
Cash Balance Benefit Program, and members who are receiving a
disability allowance, as specified, and provide that the member of
the board elected by the specified active members of the Defined
Benefit Program shall also be elected by specified active
participants of the Cash Balance Benefit Program. The bill would
also clarify that a member of the system employed to perform
creditable service for more than one employer may only be elected to
the position on the board that corresponds to the position in which
he or she accrued the most service credit during the prior school
year and make related technical changes.
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 22200 of the Education Code is amended to read:
22200. (a) The plan and the system are administered by the
Teachers' Retirement Board. The On and after
January 1, 2006, the members of the board are as follows:
(1) The Superintendent of Public Instruction.
(2) The Controller.
(3) The Treasurer.
(4) The Director of Finance.
(5) Three Four persons who are either
members of the Defined Benefit Program or participants in the Cash
Balance Benefit Program, as follows:
(A) One person who, at the time of election, is an active member
of the Defined Benefit Program or an active participant of the Cash
Balance Benefit Program employed by a school district that provides
instruction for grades K to 12, inclusive, or a county office of
education, in a position other than a school administrator that
requires a services credential with a specialization in
administrative services. This member shall be elected by the active
members of the Defined Benefit Program and active participants of the
Cash Balance Benefit Program who are employed by a school district
that provides instruction for grades K to 12, inclusive, or county
office of education, pursuant to regulations adopted by the board,
for a four-year term commencing on January 1, 2004.
(B) One person who, at the time of election, is an active member
of the Defined Benefit Program or an active participant of the Cash
Balance Benefit Program employed by a school district that provides
instruction for grades K to 12, inclusive, or a county office or
education. This member shall be elected by the active members of the
Defined Benefit Program and active participants of the Cash
Balance Benefit Program who are employed by a school district
that provides instruction for grades K to 12, inclusive, or a county
office of education, pursuant to regulations adopted by the board,
for a four-year term commencing on January 1, 2004.
(C) One person who, at the time of election, is a community
college instructor and an active member of the Defined Benefit
Program or an active participant of the Cash Balance Benefit Program
employed by a community college district, who shall be elected by the
active community college members of the Defined Benefit Program and
the active community college participants of the Cash Balance Benefit
Program, pursuant to regulations adopted by the board, for a
four-year term commencing on January 1, 2004.
(D) One person who, at the time of the election is a retired
member of the Defined Benefit Program, a member of the Defined
Benefit Program receiving a disability allowance, or a participant
receiving an annuity under the Cash Balance Benefit Program. This
member shall be elected by the retired members of the Defined Benefit
Program, the members of the Defined Benefit Program receiving a
disability allowance, and the participants receiving an annuity under
the Cash Balance Benefit Program, pursuant to regulations adopted by
the board, for a four-year term commencing on January 1, 2006.
(6) Five Four persons appointed by
the Governor for a term of four years, subject to confirmation by the
Senate, as follows:
(A) One person who, at the time of appointment, is a member of the
governing board of a school district or a community college
district.
(B) One person who is either a retired member under this
part or a retired participant under Part 14 (commencing with Section
26000).
(C) Three persons representing the public, whose terms
shall be staggered by varying the first terms of these members ,
as follows:
(i) One person to a term expiring December 31, 2005.
(ii) One person to a term expiring December 31, 2006.
(iii) One person to a term expiring December 31, 2007 .
(b) A person who is employed to perform creditable service by
a community college district and either a school district that
provides instruction for kindergarten through grade 12 or a county
office of education may only be elected to the position on the board
that corresponds to the position in which they accrued the most
service credit during the prior school year.
(c) The members of the board shall annually elect a
chairperson and vice chairperson.
SEC. 2. The term of the person appointed on January 1, 2004, to
serve on the Teachers' Retirement Board pursuant to subparagraph (B)
of paragraph (6) of subdivision (a) of Section 22200 of the Education
Code and the term of the first of the three persons appointed on
January 1, 2004, to serve on the Teachers' Retirement Board pursuant
to subparagraph (C) of paragraph (6) of subdivision (a) of Section
22200 of the Education Code shall expire on December 31, 2005.
SEC. 3. Section 1 of this act shall become operative on January 1,
2006.