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SubstantiveAMENDMENTS TO ASSEMBLY BILL NO. 340AS AMENDED IN SENATE SEPTEMBER 7, 2011Amendment 1
In
the heading, strike out line 2 and insert:(Principal coauthor: Senator Negrete McLeod)
(Coauthor: Assembly
Member
Allen)
Amendment2
In
the title, strike out lines 3 and 4 and insert:
Anactto
amend Sections 24214 and24214.5 of, and to add Sections 22119.3,22164.5,24202.6, 24202.7,
and
24202.8 to, the Education Code, to amend Sections 9355.4,9355.41, 9355.45, 20281.5, 20516, 21076, and 31461 of, to amend and renumberSection 1243 of,
to
add Sections 20516.5,20677.96,20683.2, 20791,21076.5, 31542,31542.5,31543, 31631, and 31631.5 to, to add Article 4 (commencing with Section7522) to Chapter
21
of
Division 7
of
Title 1 of, to add a heading to Article 1(commencing with Section 7500), to add a heading to Article 2 (commencing withSection 7515), and to add a heading to Article 3 (commencing with Section 7520)
of
Chapter
21
of
Division 7 ofTitle 1 of, to add and repeal Sections 7522.66 and 21400of, and to repeal the headings
of
Chapter 21.4 (commencing with Section 7515) andChapter 21.5 (commencing with Section 7 520)
of
Division 7
of
Title 1 of, theGovernment Code, relating
to
public employees' retirement, and making anappropriation therefor.Amendment3On page 4, before line
I,
insert:SECTION L Section 22119.3 is added to the Education Code, to read:22119.3. (a) "Creditable compensation" for members who are subject to theCalifornia Public Employees' Pension Reform Act
of
2013 (Article 4 (commencingwith Section 7522)
of
Chapter
21
of
Division 7
of
Title 1
of
the Government Code)shall not mean and shall not include any compensation that is excluded from thedefinition
of
pensionable compensation pursuant to Section 7522.34
of
he GovernmentCode.
(b)
Creditable compensation credited
to
the Defined Benefit Plan shall
be
consistent with requirements for pensionable compensation pursuant to Section 7 522.34
of
the Government Code.(c) Notwithstanding subdivision (a), member and employer contributions,exclusive
of
contributions pursuant to Section 22951, on creditable compensation forcreditable service that exceeds one year in a school year shall
be
credited to the DefinedBenefit Supplement Program.SEC. 2. Section 22164.5 is added to the Education Code, to read:
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2
Substantive22164.5. (a) "Retired member activities" means one
or
more activities identifiedin subdivision (a)
or
(b)
of
Section 22119.5 or subdivision (a)
or
(b)
of
Section 26113within the California public school system and performed
by
a member retired forservice 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 thedefinition
of
"retired member activities"
if
all
of
the following conditions apply:(1) The employee performs a limited-term assignment.(2) The third-party employer does not participate in a California public pensionsystem.(3) The activities performed
by
the individual are not normally performed
by
employees
of
an employer, as defined in Section 22131.SEC. 3. Section 24202.6 is added to the Education Code, to read:24202.6. (a) A member who is first hired on
or
after January 1, 2013, shallreceive a retirement allowance consisting
of
all
of
the following:(1) (A)
An
annual allowance payable in monthly installments upon retirementequal to the percentage
of
the final compensation set forth opposite the member's ageat retirement in the following table multiplied
by
each year
of
credited service:
Age
at Retirement
62
.......................................................62
\!,
...................................................
.
62
\!,
...................................................
.
62
'!,
...................................................
.
63 .......................................................
63
\!,
...................................................
.
63
\!,
...................................................
.
63
'!,
...................................................
64
.......................................................64
'!.,
................................................... .
64
~,~,
...................................................
64lt,
..................................................
.
65
.......................................................
Percentage
2.0002.0332.0672.1002.1332.1672.2002.2332.2672.3002.3332.3672.400
(B)
If
a member retires after attaining early retirement age
but
before attainingnormal retirement age, the member's allowance shall be reduced
by
one-half
of
1percent for each full month,
or
fraction
of
a month, that will elapse until the memberwill attain normal retirement age.(2) An annuity that shall be the actuarial equivalent
of
he member's accumulatedannuity deposit contributions at the time
of
retirement.(3)
An
annuity based on the balance
of
credits in the member's Defined BenefitSupplement account, pursuant to Section 25012,
if
elected
by
the member pursuant toSection 25011
or
25011.1.
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21796
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3
Substantive(b)
In
computing the amounts described
in
paragraph ( 1)
of
subdivision (a), theage
of
the member
on
the last
day
of
the month in which the retirement allowancebegins to
be
payable
or
the later date as described in Section 24204 shall
be
used.(c) Pensionable compensation
used
to calculate the defined benefit shall
be
limited as described
in
Section 7522.10
of
he Government Code.SEC. 4. Section 24202.7 is added to the Education Code, to read:24202.7. Notwithstanding any other provision
of
his part, for any
member
whois first hired
on
or
after January 1, 2013, the minimum retirement age shall
be
55 years
of
age, the early retirement age shall
be
55 years
of
age, and the normal retirement ageshall be 62 years
of
age.SEC. 5. Section 24202.8
is
added
to
the Education Code, to read:24202.8.
It
is the intent
of
he Legislature
that
the system identify and proposeall statutory changes necessary to fully effectuate the implementation
of
he changesestablished
in
Sections 24202.6
and
24202.7 in all relevant statutes
by
June 30, 2013.SEC. 6. Section
24214
of
the Education Code, as amended
by
Section 3
of
Chapter 135
of
the Statutes
of2012,
is amended to read:24214. (a) A
member
retired for service
under
this
part
may
perform-theaeti,.ities idemifled in sttbar.·isien
(!t)
er
(b}
efSeetien
22119.5,
er
sttbar
.
isien
(!t)
er
(b)
ef
Seetien26Il3,
liS
l!l'l
empleyee
efl!n
effifJle:yer, as
l!l'l
effifJleyee
efll
third
part:y,
er
as
l!l'l
independem eeffiflleter within the
Califemia
f'tlblie
seheel
system, retired
member
activities.
but
the
member
shall not make contributions to the retirement fund
or
accrue service credit based
on
compensation earned from that service. The employershall maintain accurate records
of
the earnings
of
the retired
member
and report thoseearnings monthly to the system and retired member as described
in
Section 22461.(b)
If
a member is retired for service under this part, the rate
of
pay
for serviceretired
member
activities. performed
by
that
member
as
l!l'l
effifJie:yee
efthe
CffifJieyer,as
l!l'l
effifJieyee
ef
a third p!li'ty,
er
as
I!H
independeffi
eentf~~et6f
shall
not
be
less thanthe minimum,
nor
exceed-th!tt the maximum.
paid
by
the employer to other employeesperforming comparable duties.(c) A
member
retired for service under this
part
shall not
be
required to reinstatefor performing the activities idemifled
in
stlbdivisien
(a}
6I
(b)
ef
Seetien 22119.5
liS
l!l'l
effifJieyee
ef
!H
CffifJl6)
er,
as
l!l'l
effifJieyee
ef
a third pl!fty,
6fas
l!l'l
independenteeHtiaeter within the
Califemia
pttblie seooel system retired
member
activities.(d) A member retired for service under this part
may
earn compensation forperforming aetivities idemified
in
stlbdivisien
(a}
6f
(b}
ef
Seetien 22119.5 retired
member
activities in any one school
year up
to the limitation specified
in
subdivision
(f)
liS
l!l'l
emple:y ee efi!H
effifJle:y
er, as
I!H
effifJleyee
ef
a thifd pMty,
er
iS
l!l'l
independeffi
eeHti~~eter,
within
the
Califemia
f'tlblie
seheel
system, without a reduction
in
his
orher
retirement allowance.(e)
The
postretirement compensation limitation provisions set forth in this sectionare
not
applicable to compensation earned for the performance
of
he
~~etivities
describedift
subdi'
isien
(a}
retired
member
activities for which the employer
is
not
eligible toreceive state apportionment
or
to compensation that is not creditable pursuant
to
Section22119.2.
(f)
The
limitation
that
shall apply to the compensation for performance of-theactivities idemifled in stlbdivisien (a)
er
(b)
ef
Seetieft 22119.5
by
a
member
retired
fer
serviee tll'lder this
part
either
liS
l!l'l
effifJl6) ee
ef
!l'l
effifJieyer,
l!l'l
emple:y ee
efll
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