Bill Text: CA AB1819 | 2011-2012 | Regular Session | Amended
Bill Title: Charter schools: State Teachers' Retirement Plan.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-08-16 - In committee: Held under submission. [AB1819 Detail]
Download: California-2011-AB1819-Amended.html
BILL NUMBER: AB 1819 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2012
AMENDED IN ASSEMBLY MAY 2, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 21, 2012
An act to amend Section 47611 of the Education Code, and to
amend Section 20610 of the Government Code, relating to
charter schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 1819, as amended, Ammiano. Charter schools: State Teachers'
Retirement Plan.
Existing law provides that all employees of a charter school who
perform creditable service are entitled to have that service covered
under the Defined Benefit Program of the State Teachers' Retirement
Plan, if the charter school elects to make that plan available.
Existing law further requires a charter school that elects to make
that or another plan available to inform all applicants for
employment of the retirement options for employees of the charter
school, as specified.
This bill would require charter schools to make the State Teachers'
Retirement Plan and the Public Employees' Retirement Plan available
to its employees, as specified, and makes
would make corresponding changes to the information charter
schools are required to provide regarding retirement options. The
bill would provide that these provisions shall not apply to the
extent they would cause the State Teachers' Retirement System or the
Public Employees' Retirement System or their members to incur adverse
tax consequences under federal law.
Existing law requires every county superintendent of schools to
enter into a contract with the Board of Administration of the Public
Employees' Retirement System for inclusion of the school district's
classified employees in the system. Existing law further provides
that, if a charter school chooses to participate in the system, its
qualified employees shall be covered under the system in the same
manner as the employees of the school district that granted the
charter.
This bill would provide that all qualified employees of a charter
school shall be covered under the system in the same manner as the
employees of the school district that granted the charter, except as
specified. The bill would require the county superintendent of
schools to notify the board before a charter school or its employees
may be enrolled for membership in the 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 47611 of the Education Code is amended to read:
47611. (a) A charter school shall make the State Teachers'
Retirement Plan available, and all employees of the charter school
who perform creditable service shall be entitled to have that service
covered under the plan's Defined Benefit Program or Cash Balance
Benefit Program. All provisions of Part 13 (commencing with Section
22000) and Part 14 (commencing with Section 26000) of Division 1 of
Title 1 shall apply in the same manner as the provisions apply to
other public schools in the school district that granted the charter.
(b) A charter school shall offer its employees coverage by the
Public Employees' Retirement System, and shall inform all applicants
for positions within that charter school of the retirement system
options for employees of the charter school.
(c) This section shall not apply to the extent it would cause the
State Teachers' Retirement System or the Public Employees' Retirement
System or their members to incur adverse tax consequences under the
federal Internal Revenue Code of 1986 (Title 26 of the
United States Code).
SEC. 2. Section 20610 of the Government
Code is amended to read:
20610. (a) (1) Every county superintendent
of schools shall enter into a contract with the board for the
inclusion in this system of (1) all both of
the following:
(A) All of the employees of the
office of county superintendent whose compensation is paid from the
county school service fund other than employees electing pursuant to
Section 1313 of the Education Code to continue in membership in a
county system ; and (2) all .
(B) All of the employees of
school districts and community college districts existing on July 1,
1949, or thereafter formed, within his or her jurisdiction, other
than school districts that are contracting agencies or that maintain
a district, joint district, or other local retirement system, with
respect to service rendered in a status in which they are not
eligible for membership in the State Teachers' Retirement Plan.
The
(2) The effective date of each
contract shall not be later than July 1, 1949. For the purposes of
this part, those school district employees shall be considered
employees of the county superintendent of schools having jurisdiction
over the school district by which they are employed and service to
the district shall be considered service to the county superintendent
of schools.
(b) If a charter school chooses to participate in the
system, Subject to subdivision (c), all
employees of the a charter school who
qualify for membership in the this
system shall be covered under the this
system and all provisions of this part shall apply in the same manner
as if the charter school were a public school in the school district
that granted the charter.
(c) The county superintendent of schools shall notify the board
pursuant to the procedures prescribed by the board before a charter
school or its employees may be enrolled for membership in this
system. Notwithstanding any other law, a charter school shall not
participate in this system if the board, in its sole discretion,
determines that participation would jeopardize the system's
tax-qualified or governmental plan status under federal law. The
board may impose any additional requirements, in addition to those in
this section, that the board considers necessary to comply with
applicable federal law.
