BILL NUMBER: AB 816 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 3, 2000
INTRODUCED BY Committee on Public Employees, Retirement and Social
Security (Correa (Chair), Firebaugh, Honda, Knox, and Pescetti)
FEBRUARY 24, 1999
An act relating to state employees, and declaring the
urgency thereof, to take effect immediately. An act to
amend Sections 22138.5 and 24410.5 of the Education Code, relating
to state teachers' retirement.
LEGISLATIVE COUNSEL'S DIGEST
AB 816, as amended, Committee on Public Employees, Retirement and
Social Security. State employees: memoranda of
understanding Teachers' Retirement System .
The State Teachers' Retirement Law defines "full time" for
purposes of calculating creditable service for service retirement
benefits. Existing law also prescribes minimum annual allowances
payable to a retired member, an option beneficiary, or a surviving
spouse receiving specified death benefits.
This bill would make technical changes to those provisions.
Existing law provides that if any provision of a memorandum of
understanding reached between the state employer and a recognized
employee organization representing state civil service employees
requires the expenditure of funds, those provisions of the memorandum
of understanding shall not become effective unless approved by the
Legislature in the annual Budget Act.
This bill would approve provisions that require the expenditure of
funds of unspecified memoranda of understanding entered into between
the state employer and specified employee organizations, and would
provide that the provisions of any memorandum of understanding that
require the expenditure of funds shall become effective even if the
provisions of the memorandum of understanding are approved by the
Legislature in legislation other than the annual Budget Act.
The bill would also declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3 majority .
Appropriation: no. Fiscal committee: yes. State-mandated local
program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that
SECTION 1. Section 22138.5 of the Education Code is amended to
read:
22138.5. (a) "Full time" means the days or hours of creditable
service the employer requires to be performed by a class of employees
in a school year in order to earn the compensation earnable as
defined in Section 22115 and specified under the terms of a
collective bargaining agreement or employment agreement. For the
purpose of crediting service under this part, "full time" shall not
be less than the minimum standards specified in this section.
(b) The minimum standard for full time in kindergarten through
grade 12 shall be:
(1) One hundred seventy-five days per year or 1,050 hours per
year, except as provided in paragraphs (2) and (3).
(2) (A) One hundred ninety days per year or 1,520 hours per year
for all principals and program managers, including advisers,
coordinators, consultants, and developers or planners of curricula,
instructional materials, or programs, and for administrators, except
as provided in subparagraph (B).
(B) Two hundred fifteen days per year or 1,720 hours per year
including school and legal holidays pursuant to the policy adopted by
the employer's governing board for administrators at a county office
of education.
(3) One thousand fifty hours per year for teachers in adult
education programs.
(c) The minimum standard for full time in community colleges shall
be:
(1) One hundred seventy-five days per year or 1,050 hours per
year, except as provided in paragraphs (2), (3), (4), (5), and (6).
Full time shall include time for duties the employer requires to be
performed as part of the full-time assignment for a particular class
of employees.
(2) One hundred ninety days per year or 1,520 hours per year for
all program managers and for administrators, except as provided in
paragraph (3).
(3) Two hundred fifteen days per year or 1,720 hours per year
including school and legal holidays pursuant to the policy adopted by
the employer's governing board for administrators at a district
office.
(4) One hundred seventy-five days per year or 1,050 hours per year
for all counselors and librarians.
(5) Five hundred twenty-five instructional hours per school
year for all instructors employed on a part-time basis ,
except instructors specified in paragraph (6) . If an
instructor receives compensation for office hours pursuant to Article
10 (commencing with Section 87880) of Chapter 3 of Part 51, then the
minimum standard established herein shall be increased appropriately
by the number of office hours required annually for the class of
employees.
(6) Eight hundred seventy-five instructional hours per school
year for all adult education instructors
employed in adult education programs . If an instructor
receives compensation for office hours pursuant to Article 10
(commencing with Section 87880) of Chapter 3 of Part 51, then the
minimum standard established herein shall be increased appropriately
by the number of office hours required annually for the class of
employees.
(d) The board shall have final authority to determine full time
for purposes of crediting service under this part if full time is not
otherwise specified herein.
SEC. 2. Section 24410.5 of the Education Code is amended to read:
24410.5. (a) Notwithstanding any provision of this part,
including, but not limited to, subdivision (e) of Section 22664, the
annual allowance payable on the effective date of this section to a
retired member, an option beneficiary, or a surviving spouse
receiving an allowance pursuant to either Section 23805 or 23855
shall not be less than the amount identified in the following
schedule for the number of years of the member's credited service
under the Defined Benefit Program at the time of the member's
retirement, disability, or death, excluding service credited pursuant
to Sections 22714, 22715, 22717 and 22826, after the application of
all allowances and allowance increases authorized by this part,
including those specified in Sections 24412 and 24415, as those
sections read on December 31, 1999, excluding annuities payable from
the accumulated annuity deposit contributions or the accumulated
tax-sheltered annuity contributions , and excluding those
provided pursuant to Section 24410.7 :
20 years of credited service .............. $15,000
21 years of credited service .............. $15,500
22 years of credited service .............. $16,000
23 years of credited service .............. $16,500
24 years of credited service .............. $17,000
25 years of credited service .............. $17,500
26 years of credited service .............. $18,000
27 years of credited service .............. $18,500
28 years of credited service .............. $19,000
29 years of credited service .............. $19,500
30 years or more of credited service ...... $20,000
(b) Notwithstanding subdivision (a), the amount identified in the
schedule in subdivision (a) shall be reduced:
(1) By 50 percent for a beneficiary receiving an allowance under
Option 3 or Option 7.
(2) By one-third for an option beneficiary receiving an allowance
under Option 4 after the death of the member or for a member
receiving an allowance under Option 4 after the death of the option
beneficiary.
(3) By 50 percent for an option beneficiary receiving an allowance
under Option 5 after the death of the member or for a member
receiving an allowance under Option 5 after the death of the option
beneficiary.
(4) By a percentage equal to 100 percent minus the percentage of
the member's modified allowance received by the option beneficiary
for each option beneficiary receiving an allowance under Option 8.
(5) By 60 percent for a surviving spouse receiving an allowance
pursuant to subdivision (a) of Section 23805.
(6) By 50 percent for a surviving spouse receiving an allowance
pursuant to subdivision (c) of Section 23805 or Section 23855.
(c) A member to whom a disability allowance is payable on January
1, 2000, who subsequently receives a service retirement allowance
pursuant to Section 24213 shall, upon the retirement for service,
receive an increase in the service retirement allowance pursuant to
this section.
(d) A member, beneficiary, or surviving spouse may receive an
allowance pursuant to this section only if the member was an active
member at the time of the member's retirement, or death and, for
those members who retired for service, the member retired on or after
age 55, unless the member's allowance was not subject to a reduction
due to retirement prior to an age specified in this part.
(e) A retired member, option beneficiary, or surviving spouse
subject to this section shall receive the annual minimum allowance
pursuant to this section unless the system receives in writing, on a
form prescribed by the system, notification from the member, option
beneficiary, or surviving spouse before May 1, 2000, of his or her
election not to receive the increase provided under this section.
(f) Benefits payable under this section shall be initially paid by
the system on July 1, 2000.
SEC. 3. Any section of any act enacted by the Legislature during
the 2000 calendar year that takes effect on or before January 1,
2001, and that amends, amends and renumbers, adds, repeals and adds,
or repeals a section that is amended, amended and renumbered,
repealed and added, or repealed by this act, shall prevail over this
act, whether that act is enacted prior to, or subsequent to, the
enactment of this act. The repeal, or repeal and addition, of any
article, chapter, part, title, or division of any code by this act
shall not become operative if any section of any other act that is
enacted by the Legislature during the 2000 calendar year and takes
effect on or before January 1, 2001, amends, amends and renumbers,
adds, repeals and adds, or repeals any section contained in that
article, chapter, part, title, or division. the
purpose of this bill is to adopt agreements pursuant to Section 3517
of the Government Code entered into by the state employer and
recognized employee organizations to make any necessary statutory
changes in health, retirement, salary, or other benefits.
SEC. 2. The provisions of the following memoranda of understanding
prepared pursuant to Section 3517.5 of the Government Code and
entered into by the state employer and the following employee
organizations, and requiring the expenditure of funds, are hereby
approved for the purposes of Section 3517.6 of the Government Code:
(a) Unit 2--Association of California State Attorneys and
Administrative Law Judges, dated ____.
(b) Unit 5--California Association of Highway Patrolmen, dated
____.
(c) Unit 8--California Department of Forestry Employees
Association, dated ____.
(d) Unit 9--Professional Engineers in California Government, dated
____.
(e) Unit 10--California Association of Professional Scientists,
dated ____.
SEC. 3. Notwithstanding Section 3517.6 of the Government Code, the
provisions of any memorandum of understanding that require the
expenditure of funds shall become effective even if the provisions of
the memorandum of understanding are approved by the Legislature in
legislation other than the annual Budget Act.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order for the provisions of this act to be applicable as soon
as possible in the 1998-99 fiscal year, and so facilitate the orderly
administration of state government at the earliest possible time, it
is necessary that this act take effect immediately.