BILL NUMBER: SB 1694	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   AUGUST 7, 2000

INTRODUCED BY   Senator Ortiz

                        FEBRUARY 22, 2000

   An act to amend Section 22508 of the Education Code and to amend
Section 20309 of the Government Code, relating to retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1694, as amended, Ortiz.  Public employees' retirement:
membership election.
   Under existing law, members of the State Teachers' Retirement
System or the Public Employees' Retirement System, who become
employed by any of a list of other public employers to perform
service that requires membership in a different public retirement
system, may elect to be excluded from membership in that different
system and continue to have their service subject to their existing
system.
   This bill would make this election available to (1) members of the
State Teachers' Retirement System who become employed by the
 state   State Department of Education, as
specified,  and (2) members of the Public Employees' Retirement
System employed by the  state   State Department
of Education  who are subsequently employed to perform service
 subject to coverage by   that requires
membership in  the State Teachers' Retirement System.
   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 22508 of the Education Code is amended to read:

   22508.  (a) A member who becomes employed by the same or a
different school district or community college district, a county
superintendent, or the  state   State Department
of Education  to perform service that requires membership in a
different public retirement system,  and who is not excluded from
membership in that public retirement system,  may elect to have
that service subject to coverage by the Defined Benefit Program of
this plan and excluded from coverage by the other public retirement
system.  The election shall be made in writing on a form prescribed
by this system within 60 days from the date of hire in the position
requiring membership in the other public retirement system.  If that
election is made, the service performed for the employer after the
date of hire shall be considered creditable service for purposes of
this part.
   (b) A member of the Public Employees' Retirement System who is
employed by a school district, community college district, a county
superintendent, or the  state   State Department
of Education  and who is subsequently employed to perform
creditable service subject to coverage by the Defined Benefit Program
of this plan may elect to have that subsequent service subject to
coverage by the Public Employees' Retirement System and excluded from
coverage by the Defined Benefit Program pursuant to Section 20309 of
the Government Code.
   (c) An election made by a member pursuant to this section shall be
irrevocable.
  SEC. 2.  Section 20309 of the Government Code is amended to read:
   20309.  (a) A member of the system who is employed by a school
 district, community college district, a county
superintendent   employer  , the Board of Governors
of the California Community Colleges, or the  state
  State Department of Education  and who
subsequently is employed to perform service  subject to
coverage by   that requires membership in  the
Defined Benefit Program of the State Teachers' Retirement  Plan, may
elect to retain coverage by this system for that subsequent service.
An election to retain coverage under this system shall be submitted
in writing by the member to the system on a form prescribed by the
system, and a copy of the election shall be submitted to the State
Teachers' Retirement System, within 60 days of the date the
member's change in employment is effective.   within 60
days after the member's date of hire to perform service that requires
membership in the Defined Benefit Program of the State Teachers'
Retirement Plan.  A member who elects to retain coverage under this
system pursuant to this section shall be deemed to be a school member
while employed by a school employer. 
   (b) Any election made pursuant to this section shall become
 effective as of the first day of employment in the position
that qualified the member to make an election.  
effective as of the date the election is filed with the system.