California AB 1451: State teachers' retirement: retirees.

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 |Add To My Favorites | Version: 04/17/17 - Amended Assembly
 03/28/17 - Amended Assembly
 02/17/17 - Introduced

 AB-1451 State teachers’ retirement: retirees.(2017-2018)

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 Date Published: 04/17/2017 09:00 PM

AB1451:v97#DOCUMENTBill Start

 Amended
 IN 
 Assembly
 April 17, 2017

 Amended
 IN 
 Assembly
 March 28, 2017

 CALIFORNIA LEGISLATURE—
 2017–2018 REGULAR SESSION

 Assembly Bill

No. 1451

Introduced by Assembly Member McCarty

February 17, 2017

 An act to add and repeal Section 24214.1 to of the Education Code, relating to state teachers’ retirement.

LEGISLATIVE COUNSEL'S DIGEST

AB 1451, as amended, McCarty.
 State teachers’ retirement: retirees.

The Teachers’ Retirement Law establishes the State Teachers’ Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers’ Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. STRS is governed by the Teachers’ Retirement Board. Existing law limits the postretirement compensation of a member of the Defined Benefit Program of the Teachers’ Retirement Plan to an amount calculated by STRS, as specified. If the member’s postretirement compensation exceeds this amount, the law requires the member’s retirement allowance to be reduced by the amount of excess compensation. Existing law, however, permits members retired for service from STRS to perform member activities without being subject to the compensation limit under certain limited
 conditions and circumstances, including, until June 30, 2017, to work as an appointed trustee, fiscal adviser or fiscal expert, receiver, or special trustee, as specified.

This bill bill, until January 1, 2023, would exempt from the postretirement compensation limit the compensation of a member retired for service who was a classroom teacher, as defined, who has returned to work to fulfill a critical need in a position due to a teacher shortage in the area of special education, mathematics, science, or bilingual education. The bill would require a local school district, community college district,
 county office of education, or other local educational agency exercising this exemption to submit specified documentation to substantiate a retired member’s eligibility.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 NO 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 24214.1 is added to the Education Code, to read:

24214.1.

 (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who was a classroom teacher who has returned to work after the date of retirement to fulfill a critical need in a position due to a teacher shortage in any of the following subject areas:

(1) Special education.

(2) Mathematics.

(3) Science.

(4) Bilingual education.

(b) A local school district, community college district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received.

(c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member,
 received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, “financial inducement to retire” includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislature’s in