Bill Text: CA AB360 | 2009-2010 | Regular Session | Amended

California Assembly Bill 360 (Prior Session Legislation)

Bill Title: State teachers' retirement: creditable service:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB360 Detail]

Download: California-2009-AB360-Amended.html

BILL NUMBER: AB 360	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2009

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 23, 2009

    An act to amend Section 22138.5 of the Education Code,
relating to   An act relating to  teacher's
retirement.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 360, as amended, Ma. State teachers' retirement: creditable
service: community colleges. 
   Existing law creates the State Teachers' Retirement System to
provide specified pension and health benefits for teachers, as
defined, and others employed in the state's schools and community
colleges. The Teachers' Retirement Board is authorized to determine
compensation earnable, as defined, for persons employed on a
part-time basis.  
   This bill would state that the Legislature encourages the State
Teachers' Retirement System to conduct a study that would examine the
feasibility and cost-effectiveness of either creating a new program
for part-time instructors or making appropriate modifications to the
Defined Benefit Program to more appropriately reflect the career of a
part-time instructor.  
   The State Teachers' Retirement Law specifies the days or hours of
creditable service that equal "full time" for the purpose of
calculating benefits under the Defined Benefit Program of the State
Teachers' Retirement System, and prescribes minimum standards to be
applied to employees providing part-time instruction in a community
college.  
   This bill would provide an alternate definition of "full time" for
an instructor employed on a part-time basis in a community college,
which would be based on 1/2 of the number of hours that is the
minimum standard for full-time faculty teaching the same type of
class as the part-time instructor. 
   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.    The Legislature encourages the State
Teachers' Retirement System to conduct a study to examine the
feasibility and cost-effectiveness of either creating a new program
for part-time instructors or making appropriate modifications to the
Defined Benefit Program to more appropriately reflect the career of a
part-time instructor.  
  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 paragraph
(5) of subdivision (c) shall specify the number of hours of
creditable service that equal "full time" pursuant to this section,
and shall make specific reference to this section.
   (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), (6), or
(7). 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) or (7). 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.
   (7) For an instructor employed on a part-time basis for whom 525
instructional hours per school year represents more than one-half of
the number of hours that is the minimum standard for full-time
faculty teaching the same type of class as the part-time instructor,
the number of instructional hours per school year shall be one-half
of the number of hours that is the minimum standard for full-time
faculty teaching the same type of class at that community college.
   (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.