Bill Text: CA AB2155 | 2015-2016 | Regular Session | Enrolled
Bill Title: Teachers: retirement: full time.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-09-29 - Vetoed by Governor. [AB2155 Detail]
Download: California-2015-AB2155-Enrolled.html
BILL NUMBER: AB 2155 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 19, 2016
PASSED THE ASSEMBLY APRIL 28, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 17, 2016
An act to amend Section 22138.5 of the Education Code, relating to
teachers.
LEGISLATIVE COUNSEL'S DIGEST
AB 2155, Ridley-Thomas. Teachers: retirement: full time.
The Teachers' Retirement Law creates the State Teachers'
Retirement System and State Teachers' Retirement Plan for the purpose
of providing teachers and other specified employees with financially
sound retirement plans, and vests administration of the system and
the plan with the Teachers' Retirement Board. That law defines the
term "full time" as the days or hours of creditable service an
employer requires a class of employees to perform in a school year in
order to earn the compensation earnable, as defined, and provides
that one measure of the minimum standard for full time in community
colleges is 875 instructional hours per school year for all
instructors employed in adult education programs. That law requires
each collective bargaining agreement or employment agreement that
applies to specified members of the system to, among other things,
specify the number of hours of creditable service that equals full
time for those members.
This bill would additionally require each collective bargaining
agreement or employment agreement to specify the courses for which
instructors are subject to the 875-hour requirement for any agreement
entered into, extended, renewed, or amended on or after January 1,
2017. The bill would also provide that an instructor not subject to
the 875-hour requirement is subject to one of two other specified
hour requirements.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22138.5 of the Education Code is amended to
read:
22138.5. (a) (1) "Full time" means the days or hours of
creditable service the employer requires to be performed by a class
of employees in a school year in order to earn the compensation
earnable as defined in Section 22115 and specified under the terms of
a collective bargaining agreement or employment agreement. For the
purpose of crediting service under this part, "full time" may not be
less than the minimum standard specified in this section.
(2) (A) Each collective bargaining agreement or employment
agreement that applies to a member subject to the minimum standard
specified in either paragraph (5) or (6) of subdivision (c) shall do
all of the following:
(i) Specify the number of hours of creditable service that equals
"full time" pursuant to this section for each class of employee
subject to either paragraph (5) or (6) of subdivision (c).
(ii) Specify the courses for which an instructor is subject to
paragraph (6) of subdivision (c), if applicable, for an agreement
entered into, extended, renewed, or amended on or after January 1,
2017.
(iii) Make specific reference to this section.
(B) The employer shall submit a copy of the agreement to the
system.
(C) The copies of each agreement shall be submitted electronically
in a format determined by the system that ensures the security of
the transmitted member data.
(D) The copies shall be electronically submitted annually to the
system on or before July 1, or on or before the effective date of the
agreement, whichever is later.
(b) The minimum standard for full time in prekindergarten through
grade 12 is as follows:
(1) One hundred seventy-five days per year or 1,050 hours per
year, except as provided in paragraphs (2) and (3).
(2) (A) One hundred ninety days per year or 1,520 hours per year
for all principals and program managers, including advisers,
coordinators, consultants, and developers or planners of curricula,
instructional materials, or programs, and for administrators, except
as provided in subparagraph (B).
(B) Two hundred fifteen days per year or 1,720 hours per year
including school and legal holidays pursuant to the policy adopted by
the employer's governing board for administrators at a county office
of education.
(3) One thousand fifty hours per year for teachers in adult
education programs.
(c) The minimum standard for full time in community colleges is as
follows:
(1) One hundred seventy-five days per year or 1,050 hours per
year, except as provided in paragraphs (2), (3), (4), (5), and (6).
Full time includes time for duties the employer requires to be
performed as part of the full-time assignment for a particular class
of employees.
(2) One hundred ninety days per year or 1,520 hours per year for
all program managers and for administrators, except as provided in
paragraph (3).
(3) Two hundred fifteen days per year or 1,720 hours per year
including school and legal holidays pursuant to the policy adopted by
the employer's governing board for administrators at a district
office.
(4) One hundred seventy-five days per year or 1,050 hours per year
for all counselors and librarians.
(5) Five hundred twenty-five instructional hours per school year
for all instructors employed on a part-time basis, except instructors
specified in paragraph (6). If an instructor receives compensation
for office hours pursuant to Article 10 (commencing with Section
87880) of Chapter 3 of Part 51 of Division 7 of Title 3, the minimum
standard shall be increased appropriately by the number of office
hours required annually for the class of employees.
(6) Eight hundred seventy-five instructional hours per school year
for all instructors employed in adult education programs. If an
instructor receives compensation for office hours pursuant to Article
10 (commencing with Section 87880) of Chapter 3 of Part 51 of
Division 7 of Title 3, the minimum standard shall be increased
appropriately by the number of office hours required annually for the
class of employees.
(d) The board has final authority to determine full time for
purposes of crediting service under this part if full time is not
otherwise specified in this section.
(e) This section shall become operative on July 1, 2013.
