Bill Text: CA SB114 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Teachers: retirement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State. Chapter 829, Statutes of 2012. [SB114 Detail]

Download: California-2011-SB114-Amended.html

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BILL NUMBER: SB 114	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 14, 2012
	AMENDED IN SENATE  JANUARY 17, 2012
	AMENDED IN SENATE  MAY 31, 2011
	AMENDED IN SENATE  APRIL 4, 2011
	AMENDED IN SENATE  MARCH 23, 2011
	AMENDED IN SENATE  MARCH 10, 2011

INTRODUCED BY   Senator Yee

                        JANUARY 19, 2011

   An act to  add Section 87483.7 to   amend
Section 22138.5 of  the Education Code, relating to 
community colleges   teachers   ' retirement
 .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 114, as amended, Yee.  Community colleges: academic
salary schedules.   Teachers: retirement.  
   The State Teachers' Retirement Law, which is administered by the
Teachers' Retirement Board, prescribes a comprehensive system of
rights and benefits for its members, including disability benefits,
retirement benefits, and death benefits. That law specifies the days
or hours of creditable service that equal "full time" for the purpose
of calculating benefits under the Defined Benefit Program, with a
minimum standard applied, as specified. Under that law, each
collective bargaining agreement or employment agreement, which
applies to a member subject to the minimum standard for community
college based on 525 instructional hours per school year for all
instructors employed on a part-time basis, is required to specify the
number of hours of creditable service that equal full time and to
specifically reference that section.  
   This bill would expand that provision to apply to collective
bargaining agreements or employment agreements for community college
instructors employed in adult education programs who have a minimum
of 875 instructional hours per school year. The bill would also
require a copy of the collective bargaining agreements or employment
agreements for those members to be submitted to the State Teachers'
Retirement System and would require those agreements to specify the
number of hours of creditable service that equal "full time" for each
class of employee.  
   Existing law establishes the California Community Colleges, under
the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law establishes community college
districts, administered by district governing boards, throughout the
state, and authorizes community college districts to employ faculty
members to provide instruction to students at the community college
campuses maintained by the community college districts. Existing law
also authorizes the governing board of a community college district
to employ both full-time and part-time employees and establish
regulations allowing academic employees to reduce their workload from
full-time to part-time duties, as specified.  
   This bill would authorize a community college district to
calculate the salary of a part-time faculty member and report it, as
specified. The bill would also prohibit its provisions from affecting
the implementation of specified collective bargaining agreements,
and would authorize its provisions to be subjects of negotiation for
new or successor collective bargaining agreements. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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) "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. 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
specify the number of hours of creditable service that equal "full
time" pursuant to this section  , and   for each
class of employee subject to either paragraph,  shall make
specific reference to this section  , and shall submit a copy of
the agreement to the system  .
   (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, 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, 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. 
  SECTION 1.    Section 87483.7 is added to the
Education Code, to read:
   87483.7.  (a) A community college district may calculate the
salary of a part-time faculty member, and report that salary on
payroll notices and to the State Teachers' Retirement System, as a
percentage of salary for a full-time teaching load.
   (b) (1) This section shall not preclude the implementation of any
agreement entered into pursuant to Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code that is
in effect before January 1, 2012. To the extent that such an
agreement conflicts with this section, the agreement shall prevail.
   (2) The provisions of this section may be subjects of negotiation
with respect to the collective bargaining process relating to any new
or successor agreement entered into between a community college
district and part-time faculty occurring on or after January 1, 2012.