BILL ANALYSIS                                                                                                                                                                                                    






          SENATE PUBLIC EMPLOYMENT & RETIREMENT    BILL NO: AB 1736
          Deborah V. Ortiz, Chair       Hearing date: June 26, 2000
          AB 1736 (Ducheny)  as amended 5/1/00        FISCAL:   YES

           STRS:  POST-RETIREMENT EARNINGS LIMITATION
           
           HISTORY  :            

              Sponsor:  author

              Prior legislation:  see below 


           ASSEMBLY VOTES  :

              PER & SS               7 - 0   4/12/00
              Appropriations       19 - 0    4/26/00
              Assembly Floor       67 - 0    5/04/00
           
          SUMMARY  : 

          Would exempt from the current State Teachers' Retirement  
          System (STRS) post-retirement            earnings limitation,  
          STRS members who retired before July 1, 2000, and who are  
          subsequently employed to provide direct remedial instruction  
          to pupils in K-12 education.


           ANALYSIS  : 
          
          1)   Existing STRS law  :

            a) allows retired members of STRS to earn up to $19,050 in  
            f.y.1999-2000 ($19,650 in f.y. 2000-2001) for public school  
            employment, adjusted annually to reflect changes in the  
            Consumer Price Index; any earnings in excess of this amount  
            result in a dollar-for-dollar reduction in the member's  
            retirement allowance,

            b)  provides an exemption from this limit if the member  
            retired prior to July 1, 1998, and is employed by a school  
            district to provide direct classroom instruction in any  
            class size reduction program, or to temporarily fill a  
            position vacated by a teacher who transferred to a  
          David Felderstein                                    AB 1736
          Date:  5/24/00                                         Page 1  









            classroom in the same district because of the Class Size  
            Reduction program; this exemption sunsets on July 1, 2002,  
            and 

            c)  provides an additional exemption for a retired STRS  
            member who is appointed as a trustee or administrator or  
            who is employed on an emergency basis to fill an  
            administrative position; this exemption sunsets on July 1,  
            2003.
           



          2)   This bill  would exempt from the current STRS  
          post-retirement earnings limitation, STRS members who retired  
          before July 1, 2000 and who are subsequently employed to  
          provide direct remedial instruction to pupils in K-12  
          education.


           FISCAL IMPACT  : 

           According to STRS,  this bill  would result in no costs to the  
          system because of the small number of retired teachers that  
          are anticipated to exceed the existing earnings limitation.


           COMMENTS  :

          1)  According to the author, 
           
             a)   this bill  will help alleviate the problem of a shortage  
            of teachers for remedial classes by expanding the pool of  
            available teachers,

            b)  the demand for teachers in general, and specifically  
            for remedial education, has increased in recent years due  
            to many factors, including policies introduced by the  
            Legislature and approved by the Governor, and that class  
            size reduction has increased the demand for teachers for  
            the early grades and lead to a shortage of teachers in a  
            number of low-income and rural and isolated areas,

            c)  bills ending the practice of social promotion and  
          David Felderstein                                    AB 1736
          Date:  5/24/00                                         Page 2  









            requiring high school exit exams have increased the need  
            for qualified and experienced teachers to help raise the  
            academic performance of under-achieving students.

          2)   OTHER BILLS THIS SESSION  

          The committee is advised that there are three other bills  
          this session that would impact the STRS earnings limitation:

            a)  AB 1733 (Wildman), would eliminate the current earnings  
            limitation entirely,

            b)  AB 141 (Knox), would expand the current earnings  
            limitation exemption for members filling administrative  
            positions on an emergency basis, and 

            c)  SB 1666 (Alarcon), would exempt STRS members who  
            retired prior to 2000 and who return to provide direct  
            classroom instruction to pupils in grades K-12 or to  
            provide support to new teachers, as specified, from the  
            current earnings limitation.
           
          3)   SUPPORT  :   Delta Kappa Gamma Society International

          4)   OPPOSITION  :    None to date.


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          David Felderstein                                    AB 1736
          Date:  5/24/00                                         Page 3