BILL NUMBER: SB 1137 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 17, 2004
PASSED THE SENATE APRIL 29, 2004
AMENDED IN SENATE MARCH 26, 2004
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, Burton. Teachers' Retirement System: retirement board.
Existing law, the Teachers' Retirement Law, provides for the
election of 3 members of the Teachers' Retirement Board, at elections
conducted by the board. Existing law also provides for the
appointment 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.
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. 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) 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 of
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) 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) 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 grades K to 12, inclusive, 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.