BILL NUMBER: SB 1694	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   AUGUST 29, 2000
	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 Department of Education, as specified,  
state to perform that type of service and who meet specified criteria
 and (2) members of the Public Employees' Retirement System
employed by the State Department of Education who are subsequently
employed to perform service  that requires membership in
  subject to coverage by  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,  or
 a county superintendent, or  the State Department of
Education   who becomes employed by the state in a
position described in subdivision (b),  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)  Subdivision (a) shall apply to a member who becomes
employed by the state only if the member is also one of the
following:
   (1) Represented by a state bargaining unit that represents
educational consultants, professional educators, or librarians
employed by the state.
   (2) Excluded from the definition of "state employee" in
subdivision (c) of Section 3513 of the Government Code, but
performing, supervising, or managing work similar to work performed
by employees described in paragraph (1).
   (3) In a position not covered by civil service and in the
executive branch of government, but performing, supervising, or
managing work similar to work performed by employees described in
paragraph (1).
   (c)  A member of the Public Employees' Retirement System who
is employed by a school district, community college district, a
county superintendent, or the 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)   If the election is made, creditable service
performed for the employer after the date of hire shall be subject to
coverage by the Public Employees' Retirement System.
   (d)  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
employer, the Board of Governors of the California Community
Colleges, or the State Department of Education and who subsequently
is employed to perform service  that requires membership in
  subject to coverage by  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 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 date the election is filed with the
system.   effective as of the first day of employment in
the position that qualified the member to make an election.