BILL NUMBER: AB 1819 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 2, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 21, 2012
An act to amend Section 47611 of the Education Code, relating to
charter schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 1819, as amended, Ammiano. Charter schools: State Teachers'
Retirement Plan.
Existing law provides that all employees of a charter school who
perform creditable service are entitled to have that service covered
under the Defined Benefit Program of the State Teachers' Retirement
Plan, if the charter school elects to make that plan available.
Existing law further requires a charter school that elects to make
that or another plan available to inform all applicants for
employment of the retirement options for employees of the charter
school, as specified.
This bill would require charter schools to make the State Teachers'
Retirement Plan and the Public Employees' Retirement Plan available
to its employees, as specified, and makes corresponding changes to
the information charter schools are required to provide regarding
retirement options. The bill would provide that these provisions
shall not apply to the extent they would cause the State Teachers'
Retirement System or the Public Employees' Retirement System or their
members to incur adverse tax consequences under federal law.
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 47611 of the Education Code is amended to read:
47611. (a) A charter school shall make the State Teachers'
Retirement Plan available, and all employees of the charter school
who perform creditable service shall be entitled to have that service
covered under the plan's Defined Benefit Program or Cash Balance
Benefit Program. All provisions of Part 13 (commencing with Section
22000) and Part 14 (commencing with Section 26000) of Division 1 of
Title 1 shall apply in the same manner as the provisions apply to
other public schools in the school district that granted the charter.
(b) A charter school shall offer its employees coverage by the
Public Employees' Retirement System, and shall inform all applicants
for positions within that charter school of the retirement system
options for employees of the charter school.
(c) This section shall not apply to the extent it would cause the
State Teachers' Retirement System or the Public Employees' Retirement
System or their members to incur adverse tax consequences under the
Internal Revenue Code of 1986 (Title 26 of the United States Code).