BILL NUMBER: SB 1692 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 7, 2000
AMENDED IN SENATE MAY 3, 2000
INTRODUCED BY Senator Ortiz
(Coauthor: Assembly Member Torlakson)
FEBRUARY 22, 2000
An act to add and repeal Section 24209.3 of
Section 24209.3 to the Education Code, relating to state
teachers' retirement, and declaring the urgency thereof to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1692, as amended, Ortiz. State teachers' retirement:
reinstatement.
The State Teachers' Retirement Law prescribes service retirement
allowances for members who retire for service following termination
of a prior service retirement and reinstatement.
This bill would , until January 1, 2005,
prescribe enhanced service retirement allowances for members who
retired for service prior to January 1, 1999, and
who reinstate and perform at least one year of creditable service, as
specified. The bill would make related findings and declarations.
The bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3. 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 all of the
following:
(a) There is a shortage of qualified teachers in grades K-12.
(b) California is expected to need 130,000 additional teachers in
grades K-12 and 5,000 additional full-time teachers in community
colleges over the next five years.
(c) More than 7,200 members of the State Teachers' Retirement
System retired in fiscal year 1998-1999.
(d) Reinstatement by members of the State Teachers' Retirement
System who are retired for service would help address the teacher
shortage.
(e) Providing an incentive for currently retired members of the
State Teachers' Retirement System to reinstate would further state
policy of encouraging teacher recruitment and help to remedy current
teacher shortages.
SEC. 2. Section 24209.3 is added to the Education Code, to read:
24209.3. (a) Notwithstanding Section 24209, a member who retired
for service prior to January 1, 1999, and who reinstates as an active
member and performs credited service, as defined in Section 22119.5,
in an amount equal to one year of full-time equivalent or more,
whether accumulated over a semester, calendar year, or period of
years, shall, upon retirement for service following termination of
the prior service retirement, receive a service retirement allowance
equal to the sum of both of the following:
(1) An amount calculated pursuant to Section 24202, 24202.5,
24203, 24203.5, or 24206 on service rendered prior to reinstatement,
but on the basis of the member's age at the preceding completed
quarter year, from which age shall be deducted the total time during
which the member was retired for service.
(2) An amount calculated pursuant to Section 24202, 24202.5,
24203, 24203.5, or 24206 on service credited subsequent to the most
recent termination of retirement allowance, using the member's age at
the subsequent retirement, and the member's final compensation at
the time of the member's pre-January 1, 1999, retirement for service.
(b) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
24209.3. (a) Notwithstanding Section 24209 and subdivision (d) of
Section 24204, and exclusive of any amounts payable pursuant to
Section 22714 or 22715, a member who retired for service and
reinstates as an active member and performs credited service, as
defined in Section 22119.5, after the most recent service retirement
in an amount equal to one year (1.000) of credited service or more,
whether accumulated over a semester, calendar year, or period of
years, shall, upon retirement for service on and after January 1,
2001, and following termination of the prior service retirement,
receive a service retirement allowance equal to the sum of both of
the following:
(1) An amount calculated pursuant to Section 24202, 24202.5,
24203, 24203.5, or 24206 on service performed prior to reinstatement,
the member's age at the subsequent retirement, from which age shall
be deducted the total time during which the member was retired for
service.
(2) An amount calculated pursuant to Section 24202, 24202.5,
24203, 24203.5, or 24206 on service credited subsequent to the most
recent termination of retirement allowance, using the member's age at
the subsequent retirement.
(b) Upon retirement for service following reinstatement, a member
who retired pursuant to Section 24213, and received the terminated
disability allowance for the prior retirement, shall receive a
service retirement allowance equal to the sum of the following:
(1) An amount based on the service credit accrued prior to the
effective date of the disability allowance, the member's age at the
subsequent retirement from which age shall be deducted the total time
during which the member was retired for service, and projected final
compensation.
(2) An amount calculated pursuant to Section 24202, 24202.5,
24203, 24203.5, or 24206 on service credited subsequent to the
reinstatement, the member's age at retirement.
(c) If the total amount of credited service, other than that
accrued pursuant to Sections 22714, 22715, 22717, and 22826 is equal
to or greater than 30 years, the amounts identified in paragraphs (1)
and (2) of subdivision (a) shall be calculated pursuant to Section
24203.5.
SEC. 3. 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 to hire a sufficient number of qualified teachers for the
upcoming academic year, it is necessary that this act take effect
immediately.