BILL NUMBER: SB 1692 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2000
PASSED THE ASSEMBLY AUGUST 28, 2000
AMENDED IN ASSEMBLY AUGUST 25, 2000
AMENDED IN ASSEMBLY AUGUST 7, 2000
AMENDED IN SENATE MAY 3, 2000
INTRODUCED BY Senator Ortiz
(Coauthor: Assembly Members Shelley and Torlakson)
FEBRUARY 22, 2000
An act to add 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, 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 prescribe enhanced service retirement allowances
for members who retired for service 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.
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 subdivision (a) of 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 who reinstates and performs creditable service, as
defined in Section 22119.5, after the most recent reinstatement 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 or after the effective
date of this section, 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 and 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.
(d) For members receiving an allowance pursuant to Section
24410.5, the amount payable pursuant to this section shall not be
less than the amount payable to the member as of the effective date
of reinstatement.
(e) For purposes of determining an allowance increase pursuant to
Sections 24415 and 24417, the calendar year of retirement shall be
the year of the subsequent retirement if the final compensation used
to calculate the allowance pursuant to this section is higher than
the final compensation used to calculate the allowance for the prior
retirement.
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.