Bill Text: CA AB963 | 2015-2016 | Regular Session | Chaptered
Bill Title: Teachers' Retirement Law.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2015-10-11 - Chaptered by Secretary of State - Chapter 782, Statutes of 2015. [AB963 Detail]
Download: California-2015-AB963-Chaptered.html
BILL NUMBER: AB 963 CHAPTERED
BILL TEXT
CHAPTER 782
FILED WITH SECRETARY OF STATE OCTOBER 11, 2015
APPROVED BY GOVERNOR OCTOBER 11, 2015
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE JULY 16, 2015
AMENDED IN SENATE JULY 1, 2015
AMENDED IN SENATE MAY 27, 2015
AMENDED IN ASSEMBLY MARCH 24, 2015
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 26, 2015
An act to amend Sections 22115, 22119.2, 22119.3, 22119.5, 22146,
22164.5, 26113, and 26135.7 of, and to add Sections 22119.6, 22458.5,
and 22508.7 to, the Education Code, relating to state teachers'
retirement.
LEGISLATIVE COUNSEL'S DIGEST
AB 963, Bonilla. Teachers' Retirement Law.
Existing law, the Teachers' Retirement Law, establishes the
Defined Benefit Program of the State Teachers' Retirement Plan, which
provides a defined benefit to members of the program. The defined
benefit is based on final compensation, credited service, and age at
retirement, subject to certain variations. The State Teachers'
Retirement System (STRS) is administered by the Teachers' Retirement
Board. Existing law establishes the Cash Balance Benefit Program,
also administered by the Teachers' Retirement Board, as a separate
benefit program within the State Teachers' Retirement Plan in order
to provide a retirement plan for persons employed to perform
creditable service for less than 50% of full-time service.
This bill would revise and recast the definition of creditable
service for purposes of the Defined Benefit Program and the Cash
Balance Benefit Program, as specified. The bill would, among other
things, include as creditable service for the purposes of the Defined
Benefit Program any activities that do not meet the definition of
creditable service but were performed for an employer, as defined, on
or before December 31, 2015, and were reported as creditable service
to STRS. The bill would revise the definition of "member" to include
any person who has performed those activities. The bill would allow
members and specified retired members who have performed those
activities to irrevocably elect to have that service subject to
coverage under a different public retirement system and excluded from
coverage by the Defined Benefit Program, as specified. The bill
would also allow a person who had service for those activities
removed from STRS and reported to a different public retirement
system, as directed by STRS, to make an irrevocable election to have
all of that service and subsequent service in the same position be
subject to coverage by the Defined Benefit Program and excluded from
that other system.
Among other things, the bill would require employers, upon request
of the system, to provide the system with information relating to
certification qualifications, minimum standards, or provisions of
approved school charters to perform creditable service, as specified.
The bill would include within the definition of creditable service
specified activities performed by consulting teachers in the
California Peer Assistance and Review Program.
The bill would make other conforming, nonsubstantive changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22115 of the Education Code is amended to read:
22115. (a) "Compensation earnable" means the creditable
compensation a person could earn in a school year for creditable
service performed on a full-time basis, excluding service for which
contributions are credited by the system to the Defined Benefit
Supplement Program.
(b) The board may determine compensation earnable for persons
employed on a part-time basis.
(c) If service credit for a school year is less than 1.000,
compensation earnable shall be the quotient obtained when creditable
compensation paid in that year is divided by the service credit for
that year, except as provided in subdivision (d).
(d) If a member earns creditable compensation at multiple pay
rates during a school year and service credit at the highest pay rate
is at least 0.900 of a year, compensation earnable shall be
determined as if all service credit for that year had been earned at
the highest pay rate. This subdivision shall be applicable only for
purposes of determining final compensation. If a member earns
creditable compensation at multiple pay rates during a school year
and service credit at the highest pay rate is less than 0.900 of a
year, compensation earnable shall be determined pursuant to
subdivision (c).
(e) If creditable service is not performed on a full-time basis
because a member is performing those activities pursuant to
subdivision (d) of Section 22119.5, compensation earnable for those
activities shall be determined as if the creditable compensation had
been earned at the lowest pay rate for other creditable service
activities performed by the member for the same employer during the
same school year.
(f) (1) Except as provided in subdivision (g), for purposes of
determining compensation earnable for a member employed by a
community college prior to July 1, 1996, full time shall be defined
pursuant to Section 22138.5 and pursuant to Section 20521 of Title 5
of the California Code of Regulations, as those provisions read on
June 30, 1996, if application of that definition will increase the
compensation earnable or otherwise enhance the benefits of the
member.
(2) For purposes of administering this subdivision, the board
shall have the authority to do both of the following:
(A) Establish and implement factors and assumptions necessary to
calculate and compare the benefits payable under the definition of
compensation earnable described in this subdivision. Those factors
and assumptions may be based on information reported by the employer,
including, but not limited to, all of the following:
(i) Base hours.
(ii) Actual earnings.
(iii) Compensation earnable.
(B) Review member benefit calculations that were performed using
the factors and assumptions described in subparagraph (A). If the
board determines that an employer failed to identify part-time
service performed, the board shall consider that part-time service to
be performed in a part-time lecture assignment as defined by the
employer. If the board determines by the review of the member benefit
calculations that the required information reported by the employer
is inaccurate, incomplete, or the factors and assumptions were
applied incorrectly, the board may recalculate member benefits using
additional factors and assumptions that may include, but are not
limited to, all of the following:
(i) Base hours.
(ii) Actual earnings.
(iii) Compensation earnable.
(3) This subdivision shall apply to a member employed by a
community college prior to July 1, 1996, if the community college
subsequently acts to reduce the minimum standard for full time as
described in subdivision (c) of Section 22138.5 for the class of
employees, and that community college provides written notice to the
system of the act of the community college to reduce that minimum
standard.
(4) This subdivision shall not apply to a member employed by a
community college that has not reduced the minimum standard as
described in subdivision (c) of Section 22138.5.
(g) Subdivision (f) shall not apply to a member subject to the
California Public Employees' Pension Reform Act of 2013.
SEC. 2. Section 22119.2 of the Education Code is amended to read:
22119.2. (a) "Creditable compensation" means remuneration that is
paid in cash by an employer to all persons in the same class of
employees for performing creditable service in that position.
Creditable compensation shall include:
(1) Salary or wages paid in accordance with a publicly available
written contractual agreement, including, but not limited to, a
salary schedule or employment agreement.
(2) Remuneration that is paid in addition to salary or wages,
provided it is paid to all persons who are in the same class of
employees in the same dollar amount, the same percentage of salary or
wages, or the same percentage of the amount being distributed.
(3) Remuneration that is paid for the use of sick leave, vacation
leave, or an employer-approved compensated leave of absence, except
as provided in paragraph (4) of subdivision (c).
(4) Member contributions that are picked up by an employer
pursuant to Section 22903 or 22904.
(5) Amounts that are deducted from a member's remuneration,
including, but not limited to, deductions for participation in a
deferred compensation plan; deductions to purchase an annuity
contract, tax-deferred retirement plan, or insurance program; and
contributions to a plan that meets the requirements of Section 125,
401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United
States Code.
(6) Any other payments the board determines to be "creditable
compensation."
(b) Any creditable compensation determined by the system to have
been paid to enhance a member's benefits shall not be credited under
the Defined Benefit Program. Contributions on that compensation shall
be credited to the Defined Benefit Supplement Program. A presumption
by the system that creditable compensation was paid to enhance a
member's benefits may be rebutted by the member or by the employer on
behalf of the member. Upon receipt of sufficient evidence to the
contrary, a presumption by the system that creditable compensation
was paid to enhance the member's benefits may be reversed.
(c) "Creditable compensation" does not mean and shall not include:
(1) Remuneration that is not paid in cash or is not paid to all
persons who are in the same class of employees.
(2) Remuneration that is paid for service that is not creditable
service pursuant to Section 22119.5 or 22119.6.
(3) Remuneration that is paid in addition to salary or wages if it
is not paid to all persons in the same class of employees in the
same dollar amount, the same percentage of salary or wages, or the
same percentage of the amount being distributed pursuant to paragraph
(2) of subdivision (a).
(4) Remuneration that is paid in exchange for the relinquishment
of unused accumulated leave.
(5) Payments, including, but not limited to, those for
participation in a deferred compensation plan; to purchase an annuity
contract, tax-deferred retirement plan, or insurance program; and
for contributions to a plan that meets the requirements of Section
125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the
United States Code when the cost is covered by an employer and is not
deducted from the member's salary.
(6) Fringe benefits provided by an employer.
(7) Expenses paid or reimbursed by an employer.
(8) Severance pay, including lump-sum and installment payments, or
money paid in excess of salary or wages to a member as compensatory
damages or as a compromise settlement.
(9) Any other payments the board determines not to be "creditable
compensation."
(d) An employer or individual who knowingly or willfully reports
compensation in a manner inconsistent with subdivision (a) or (c) may
be subject to prosecution for fraud, theft, or embezzlement in
accordance with the Penal Code. The system may establish procedures
to ensure that compensation reported by an employer is in compliance
with this section.
(e) For purposes of this section, remuneration shall be considered
paid if distributed to any person in the same class of employees who
meets the qualifications or requirements specified in a publicly
available written contractual agreement, including, but not limited
to, a collective bargaining agreement or an employment agreement, as
a condition of receiving the remuneration.
(f) This definition of "creditable compensation" reflects sound
principles that support the integrity of the retirement fund. Those
principles include, but are not limited to, consistent treatment of
compensation throughout a member's career, consistent treatment of
compensation among an entire class of employees, consistent treatment
of compensation for the position, preventing adverse selection, and
excluding from compensation earnable remuneration that is paid to
enhance a member's benefits. The system shall determine the
appropriate crediting of contributions between the Defined Benefit
Program and the Defined Benefit Supplement Program according to these
principles, to the extent not otherwise specified pursuant to this
part.
(g) The section shall become operative on July 1, 2002.
(h) This section shall not apply to a member subject to the
California Public Employees' Pension Reform Act of 2013.
SEC. 3. Section 22119.3 of the Education Code is amended to read:
22119.3. (a) "Creditable compensation" for members who are
subject to the California Public Employees' Pension Reform Act of
2013 means remuneration that is paid each pay period in which
creditable service is performed for that position. Creditable
compensation shall be paid in cash by an employer to all persons in
the same class of employees in accordance with a publicly available
written contractual agreement, including, but not limited to, a
salary schedule or employment agreement. Creditable compensation
shall include:
(1) Remuneration that is paid for the use of sick leave, vacation
leave, or an employer-approved compensated leave of absence, except
as provided in paragraph (4) of subdivision (b).
(2) Member contributions that are picked up by an employer
pursuant to Section 22903 or 22904.
(3) Amounts that are deducted from a member's remuneration,
including, but not limited to, deductions for participation in a
deferred compensation plan; deductions to purchase an annuity
contract, tax-deferred retirement plan, or insurance program; and
contributions to a plan that meets the requirements of Section 125,
401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United
States Code.
(4) Notwithstanding paragraphs (6) and (8) of subdivision (c) of
Section 7522.34 of the Government Code, remuneration that is paid for
creditable service that exceeds one year in a school year.
(b) "Creditable compensation" does not mean and shall not include:
(1) Remuneration that is not paid in cash or is not paid to all
persons who are in the same class of employees.
(2) Remuneration that is paid for service that is not creditable
service pursuant to Section 22119.5 or 22119.6.
(3) Remuneration that is not paid each pay period in which
creditable service is performed for that position.
(4) Remuneration that is paid in exchange for the relinquishment
of unused accumulated leave.
(5) Payments, including, but not limited to, those for
participation in a deferred compensation plan; to purchase an annuity
contract, tax-deferred retirement plan, or insurance program; and
for contributions to a plan that meets the requirements of Section
125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the
United States Code when the cost is covered by an employer.
(6) Fringe benefits provided by an employer.
(7) Expenses paid or reimbursed by an employer.
(8) Severance pay, including lump sum and installment payments, or
money paid in excess of salary or wages to a member as compensatory
damages or as a compromise settlement.
(9) Creditable compensation determined by the system to have been
paid to enhance a member's benefit.
(10) Compensation paid to the member in lieu of benefits provided
to the member by the employer or paid directly by the employer to a
third party other than the system for the benefit of the member.
(11) Any one-time or ad hoc payments made to a member.
(12) Any employer-provided allowance, reimbursement, or payment,
including, but not limited to, one made for housing, vehicle, or
uniform.
(13) Any bonus paid in addition to compensation described in
subdivision (a).
(14) Any other payments the board determines not to be "creditable
compensation."
(c) (1) Except for purposes of calculating credited service in the
Defined Benefit Program and for reporting compensation earnable on
or after January 1, 2013, creditable compensation in any fiscal year
shall not exceed:
(A) One hundred twenty percent of the "contribution and benefit
base," as determined under Section 430(b) of the Social Security Act
(42 U.S.C. Sec. 430(b)), on January 1, 2013, for a member whose
service is not included in the federal system.
(B) One hundred percent of the "contribution and benefit base," as
determined under Section 430(b) of the Social Security Act (42
U.S.C. Sec. 430(b)), on January 1, 2013, for a member whose service
is included in the federal system pursuant to any changes in state or
federal law enacted on or after January 1, 2013.
(2) The system shall adjust the limit based on the annual changes
to the Consumer Price Index for All Urban Consumers: U.S. City
Average, calculated by dividing the Consumer Price Index for All
Urban Consumers: U.S. City Average for the month of February in the
fiscal year preceding the adjustment by the Consumer Price Index for
All Urban Consumers: U.S. City Average for the month of February of
the previous year rounded to the nearest thousandth. Notwithstanding
paragraph (1) of subdivision (d) of Section 7522.10 of the Government
Code, the adjustment shall be effective annually on July 1,
beginning July 1, 2014.
(3) The Legislature reserves the right to modify the requirements
of this subdivision with regard to all members subject to this
subdivision, except that the Legislature may not modify these
provisions in a manner that would result in a decrease in benefits
accrued prior to the effective date of the modification.
(4) This subdivision shall apply to compensation paid during the
2013-14 fiscal year and each fiscal year thereafter.
(d) An employer or individual who knowingly or willfully reports
compensation in a manner inconsistent with subdivision (a) or (b) may
be subject to prosecution for fraud, theft, or embezzlement in
accordance with the Penal Code. The system may establish procedures
to ensure that compensation reported by an employer is in compliance
with this section.
(e) For purposes of this section, remuneration shall be considered
paid if distributed to any person in the same class of employees who
meets the qualifications or requirements specified in a publicly
available written contractual agreement, including, but not limited
to, a collective bargaining agreement or an employment agreement, as
a condition of receiving the remuneration.
(f) This definition of "creditable compensation" reflects sound
principles that support the integrity of the retirement fund. Those
principles include, but are not limited to, consistent treatment of
compensation throughout a member's career, consistent treatment of
compensation among an entire class of employees, consistent treatment
of compensation for the position, preventing adverse selection, and
excluding from creditable compensation remuneration that is paid to
enhance a member's benefits. The system shall determine the
appropriate crediting of contributions according to these principles,
to the extent not otherwise specified pursuant to this part. A
presumption by the system that creditable compensation was paid to
enhance the member's benefits may be rebutted by the member or by the
employer on behalf of the member. Upon receipt of sufficient
evidence to the contrary, a presumption by the system that creditable
compensation was paid to enhance the member's benefits may be
reversed.
SEC. 4. Section 22119.5 of the Education Code is amended to read:
22119.5. (a) "Creditable service" means any of the activities
described in subdivision (b) performed for any of the following
employers:
(1) A prekindergarten through grade 12 employer, including the
state, in a position requiring certification qualifications as
designated in regulations adopted by the Commission on Teacher
Credentialing pursuant to Section 44001.
(2) A community college employer by a faculty member, as defined
in Section 87003, in an academic position, as defined in subdivision
(b) of Section 87001, or by an educational administrator, as defined
in subdivision (b) of Section 87002, subject to the appropriate
minimum standards adopted by the Board of Governors of the California
Community Colleges pursuant to Section 87356, or pursuant to a
contract between a community college district and the United States
Department of Defense to provide vocational training.
(3) A charter school employer under the provisions of an approved
charter for the operation of a charter school for which the charter
school is eligible to receive state apportionment.
(b) The types of activities are any of the following:
(1) The work of teachers, instructors, district interns, and
academic employees employed in the instructional program for pupils,
including special programs such as adult education, regional
occupation programs, child care centers, and prekindergarten programs
pursuant to Section 22161.
(2) Education or vocational counseling, guidance, and placement
services.
(3) The work of employees who plan courses of study to be used in
California public schools, or research connected with the evaluation
or efficiency of the instructional program.
(4) The selection, collection, preparation, classification,
demonstration, or evaluation of instructional materials of any course
of study for use in the development of the instructional program in
California public schools, or other services related to California
public school curriculum.
(5) The examination, selection, in-service training, mentoring, or
assignment of teachers, principals, or other similar personnel
involved in the instructional program.
(6) The work of nurses, physicians, speech therapists,
psychologists, audiometrists, audiologists, and other California
public school health professionals.
(7) Services as a California public school librarian.
(8) Activities connected with the enforcement of the laws relating
to compulsory education, coordination of child welfare activities
involving the school and the home, and the school adjustment of
pupils.
(9) The work of employees who are responsible for the supervision
of persons or administration of the duties described in this
subdivision.
(c) "Creditable service" also means any of the activities
described in subdivision (b) when they are performed for an employer
by:
(1) Superintendents of California public schools, and presidents
and chancellors of community college employers.
(2) Consulting teachers employed by an employer to participate in
the California Peer Assistance and Review Program for Teachers
pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3
of Part 25 of Division 3 of Title 2.
(d) "Creditable service" also means the performance of California
public school activities related to, and an outgrowth of, the
instructional and guidance program of the California public school
when performed for the same employer for which the member is
performing any of the activities described in subdivision (b) or (c).
(e) The board shall have final authority for determining
creditable service to cover any activities not already specified.
SEC. 5. Section 22119.6 is added to the Education Code, to read:
22119.6. (a) Creditable service shall also include any activities
that do not meet the definition of creditable service under Section
22119.5, but were performed for any employer, as defined in Section
22131, on or before December 31, 2015, and were reported as
creditable service to the system.
(b) The type of activities described in subdivision (a) performed
by a member who becomes employed by the same or a different employer
in a new position on or after January 1, 2016, shall be subject to
Section 22119.5.
SEC. 6. Section 22146 of the Education Code is amended to read:
22146. "Member" means any person, unless excluded under other
provisions of this part, who has performed creditable service as
defined in Section 22119.5 or 22119.6 and has earned creditable
compensation for that service and has not received a refund for that
service and, as a result, is subject to the Defined Benefit Program.
A member's rights and obligations under this part with respect to the
Defined Benefit Program shall be determined by the applicability of
subdivision (a), (b), (c), or (d), and subject to any applicable
exceptions under other provisions of this part.
(a) An active member is a member who is not retired or disabled
and who earns creditable compensation during the school year.
(b) An inactive member is a member who is not retired or disabled
and who has not earned creditable compensation during the current or
preceding school year.
(c) A disabled member is a member to whom a disability allowance
is payable under Chapter 25 (commencing with Section 24001).
(d) A retired member is a member who has terminated employment and
has retired for service under the provisions of Chapter 27
(commencing with Section 24201), or has retired for disability under
the provisions of Chapter 26 (commencing with Section 24100) or
retired for service or disability under the provisions of Chapter 21
(commencing with Section 23400), and to whom a retirement allowance
is therefore payable.
SEC. 7. Section 22164.5 of the Education Code is amended to read:
22164.5. (a) "Retired member activities" means one or more
activities identified in subdivision (b), (c), or (d) of Section
22119.5 or subdivision (b), (c), or (d) of Section 26113 within the
California public school system and performed by a member retired for
service under this part as one of the following:
(1) An employee of an employer.
(2) An employee of a third party, except as specified in
subdivision (b).
(3) An independent contractor.
(b) The activities of an employee of a third party shall not be
included in the definition of "retired member activities" if all of
the following conditions apply:
(1) The employee performs an assignment of 24 months or less.
(2) The third-party employer does not participate in a California
public pension system.
(3) The activities performed by the individual are not normally
performed by employees of an employer, as defined in Section 22131.
SEC. 8. Section 22458.5 is added to the Education Code, to read:
22458.5. Upon request from the system, each employer shall
provide the system with information regarding the certification
qualifications, minimum standards, or provisions of an approved
charter for the operation of a charter school required to perform
creditable service pursuant to subdivision (a) of Section 22119.5, in
a position.
SEC. 9. Section 22508.7 is added to the Education Code, to read:
22508.7. (a) This section shall apply to service deemed
creditable service pursuant to subdivision (a) of Section 22119.6 and
a person who performs that service.
(b) (1) A member, including a member who retires on or before
December 31, 2015, may elect to have all of that service subject to
coverage by a different public retirement system and excluded from
coverage by the Defined Benefit Program, if the member is not
excluded from coverage by that public retirement system.
(2) If an election is made pursuant to this subdivision, all of
the following shall apply:
(A) All service that was subject to coverage by the Defined
Benefit Program shall be subject to coverage by the other public
retirement system, if the member is not excluded from coverage by
that public retirement system.
(B) Any member contributions and credited interest, as determined
by the system, and employer contributions, less any amounts
previously paid to the person, shall be returned to the employer for
that service, with the system recovering from the person any amounts
that were paid to the person and not recovered from withheld member
contributions, credited interest, or employer contributions.
(C) Any amounts not recovered pursuant to subparagraph (B) shall
be paid in full by the member before his or her service can be
subject to coverage by the other public retirement system.
(3) If an election is made pursuant to this subdivision, the
following shall apply:
(A) A member not subject to the California Public Employees'
Pension Reform Act of 2013 in the Defined Benefit Program shall not
be subject to that act in the other public retirement system.
(B) A member subject to the California Public Employees' Pension
Reform Act of 2013 in the Defined Benefit Program shall be subject to
that act in the other public retirement system.
(4) If an election is not made pursuant to this subdivision, all
service performed shall continue to be subject to coverage by the
Defined Benefit Program until the member becomes employed pursuant to
subdivision (b) of Section 22119.6.
(c) (1) A person who had service removed from the system and
reported to a different public retirement system, as directed by the
system, including a person who is receiving a benefit on or before
December 31, 2015, may elect to have all of that service and
subsequent service in the same position subject to coverage by the
Defined Benefit Program and excluded from coverage by the other
public retirement system.
(2) If an election is made pursuant to this subdivision, all of
the following shall apply:
(A) All of that service and subsequent service in the same
position that was subject to coverage by the other public retirement
system shall be subject to coverage by the Defined Benefit Program
and reported to the system pursuant to Chapter 17 (commencing with
Section 23000).
(B) Any employee and employer contributions for that service and
subsequent service in the same position shall be remitted to the
system pursuant to Chapter 17 (commencing with Section 23000).
(3) If an election is made pursuant to this subdivision, the
following shall apply:
(A) A person not subject to the California Public Employees'
Pension Reform Act of 2013 in the other public retirement system
shall not be subject to that act in the Defined Benefit Program.
(B) A person subject to the California Public Employees' Pension
Reform Act of 2013 in the other public retirement system shall be
subject to that act in the Defined Benefit Program.
(4) If an election is not made pursuant to this subdivision, all
service performed will continue to be subject to coverage by the
other public retirement system.
(d) The election shall be made in writing and filed with the
office of the system on a form prescribed by the system on or before
June 30, 2016, and a copy of the election shall be filed with the
other public retirement system.
(e) Only a person who has performed service creditable under
subdivision (a) of Section 22119.6 can make an election under this
section.
(f) An election made pursuant to this section shall be
irrevocable.
(g) The board shall be under no obligation to identify, locate, or
notify a person who has performed service creditable pursuant to
subdivision (a) of Section 22119.6 and is eligible to make an
election pursuant to this section.
SEC. 10. Section 26113 of the Education Code is amended to read:
26113. (a) "Creditable service" means any of the activities
described in subdivision (b) performed for any of the following
employers:
(1) A prekindergarten through grade 12 employer, including the
state, in a position requiring certification qualifications as
designated in regulations adopted by the Commission on Teacher
Credentialing pursuant to Section 44001.
(2) A community college employer by a faculty member, as defined
in Section 87003, in an academic position, as defined in subdivision
(b) of Section 87001, or by an educational administrator, as defined
in subdivision (b) of Section 87002, subject to the appropriate
minimum standards adopted by the Board of Governors of the California
Community Colleges pursuant to Section 87356, or pursuant to a
contract between a community college district and the United States
Department of Defense to provide vocational training.
(3) A charter school employer under the provisions of an approved
charter for the operation of a charter school for which the charter
school is eligible to receive state apportionment.
(b) The types of activities are any of the following:
(1) The work of teachers, instructors, district interns, and
academic employees employed in the instructional program for pupils,
including special programs such as adult education, regional
occupational programs, child care centers, and prekindergarten
programs pursuant to Section 22161.
(2) Education or vocational counseling, guidance, and placement
services.
(3) The work of employees who plan courses of study to be used in
California public schools, or research connected with the evaluation
or efficiency of the instructional program.
(4) The selection, collection, preparation, classification,
demonstration, or evaluation of instructional materials of any course
of study for use in the development of the instructional program in
California public schools, or other services related to California
public school curriculum.
(5) The examination, selection, in-service training, mentoring, or
assignment of teachers, principals, or other similar personnel
involved in the instructional program.
(6) The work of nurses, physicians, speech therapists,
psychologists, audiometrists, audiologists, and other California
public school health professionals.
(7) Services as a California public school librarian.
(8) Activities connected with the enforcement of the laws relating
to compulsory education, coordination of child welfare activities
involving the school and the home, and the school adjustment of
pupils.
(9) The work of employees who are responsible for the supervision
of persons or administration of the duties described in this
subdivision.
(10) Trustee service as described in Section 26403.
(c) "Creditable service" also means any of the activities
described in subdivision (b) when they are performed for an employer
by:
(1) Superintendents of California public schools, and presidents
and chancellors of community college employers.
(2) Consulting teachers employed by an employer to participate in
the California Peer Assistance and Review Program for Teachers
pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3
of Part 25 of Division 3 of Title 2.
(d) "Creditable service" also means the performance of California
public school activities related to, and an outgrowth of, the
instructional and guidance program of the California public school
when performed for the same employer for which the member is
performing any of the activities described in subdivision (b) or (c).
(e) The board shall have final authority for determining
creditable service to cover activities not already specified.
SEC. 11. Section 26135.7 of the Education Code is amended to read:
26135.7. (a) "Retired participant activities" means one or more
activities identified in subdivision (b), (c), or (d) of Section
22119.5 or (b), (c), or (d) of Section 26113 within the California
public school system and performed by a participant retired for
service under this part as one of the following:
(1) An employee of an employer.
(2) An employee of a third party, except as specified in
subdivision (b).
(3) An independent contractor.
(b) The activities of an employee of a third party shall not be
included in the definition of "retired participant activities" if all
of the following conditions apply:
(1) The employee performs an assignment of 24 months or less.
(2) The third-party employer does not participate in a California
public pension system.
(3) The activities performed by the individual are not normally
performed by employees of an employer, as defined in Section 22131.
