BILL NUMBER: AB 1101	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 18, 2011

   An act to amend, repeal, and add Section 22200 of the Education
Code, relating to the Teachers' Retirement Board.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1101, as introduced, Eng. Teachers' Retirement Board: members.
   The State Teachers' Retirement Law establishes the procedures by
which members of the Teachers' Retirement Board are selected.
Existing law provides for the election of 3 members of the board by
specified members of the defined Benefit Program and specified
participants of the Cash Balance Benefit Program at elections
conducted by the board. Existing law also authorizes the Governor to
appoint 5 persons to the board, including a person who is either a
retired member of the Defined Benefit Program or a retired
participant of the Cash Balance Benefit Program.
   This bill would, beginning January 1, 2016, reduce the number of
gubernatorial appointees to 4 by removing the authority of the
Governor to appoint a person who is either a retired member of the
Defined Benefit Program or a retired participant of the Cash Balance
Benefit Program. The bill would instead require that a retired member
of the Defined Benefit Program or a retired participant of the Cash
Balance Benefit Program be elected to the board, thereby increasing
the number of elected members of the board to 4.
   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. On and after January 1, 2004, 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 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 prekindergarten, kindergarten, or grades 1 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
prekindergarten, kindergarten, or grades 1 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 prekindergarten, kindergarten, or grades 1 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
prekindergarten, kindergarten, or grades 1 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.
   (6) Five 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 prekindergarten, kindergarten, or grades 1 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
he or she accrued the most service credit during the prior school
year.
   (c) The members of the board shall annually elect a chairperson
and vice chairperson. 
   (d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date. 
  SEC. 2.  Section 22200 is added to the Education Code, to read:
   22200.  (a) The plan and the system are administered by the
Teachers' Retirement Board. On and after January 1, 2016, 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 prekindergarten, kindergarten, or grades 1 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
prekindergarten, kindergarten, or grades 1 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 prekindergarten, kindergarten, or grades 1 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
prekindergarten, kindergarten, or grades 1 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 election, is either a retired
member under this part or a retired participant under Part 14
(commencing with Section 26000). This member shall be elected by the
retired members of the Defined Benefit Program and the retired
participants of the Cash Balance Benefit program, pursuant to
regulations adopted by the board, for a four-year period commencing
on January 1, 2016.
   (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 prekindergarten, kindergarten, or grades 1 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
he or she accrued the most service credit during the prior school
year.
   (c) The members of the board shall annually elect a chairperson
and vice chairperson.