Bill Text: CA AB2155 | 2015-2016 | Regular Session | Amended

California Assembly Bill 2155 (Prior Session Legislation)

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

Bill Title: Teachers: retirement: full time.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-09-29 - Vetoed by Governor. [AB2155 Detail]

Download: California-2015-AB2155-Amended.html

BILL NUMBER: AB 2155	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Ridley-Thomas

                        FEBRUARY 17, 2016

   An act to amend Section 22138.5 of the Education Code, relating to
teachers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2155, as amended, Ridley-Thomas. Teachers: retirement: full
time.
   The Teachers' Retirement Law creates the State Teachers'
Retirement System and State Teachers' Retirement Plan for the purpose
of providing teachers and other specified employees with financially
sound retirement plans, and vests administration of the system and
the plan with the Teachers' Retirement Board. That law defines the
term "full time" as the days or hours of creditable service an
employer requires a class of employees to perform in a school year in
order to earn the compensation earnable, as defined, and provides
that one measure of the minimum standard for full time in community
colleges is 875 instructional hours per school year for all
instructors employed in adult education programs.  That law
requires each collective bargaining agreement or employment agreement
that applies to specified   members of the system to, among
other things, specify the number of hours of creditable service that
equals full time for those   members. 
   This bill would  provide that instructors employed in
certain adult education programs, as specified, are not subject to
the 875-hour requirement.   additionally require each
collective bargaining agreement or employment agreement to specify
the courses for which instructors are subject to the 875-hour
requirement for any agreement entered into, extended, renewed, or
amended on or after January 1, 2017. The bill would also provide that
an instructor not subject to the 875-hour requirement is subject to
one of two other specified hour requirements. 
   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.  Section 22138.5 of the Education Code is amended to
read:
   22138.5.  (a) (1) "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 
    (2)     (A)     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
  do all of the following: 
    (i)     Specify  the number of hours
of creditable service that equals "full time" pursuant to this
section for each class of employee subject to either paragraph
 and make   (5) or (6) of subdivision (c). 

    (ii)     Specify the courses for which an
instructor is subject to paragraph (6) of subdivision (c), if
applicable, for an agreement entered into, extended, renewed, or
amended on or after January 1, 2017. 
    (iii)     Make  specific reference to
this  section, and the district shall   section.

    (B)    The employer shall  submit a
copy of the agreement to the system. 
   (2) 
    (   C)  The copies of each agreement shall be
submitted electronically in a format determined by the system that
ensures the security of the transmitted member data. 
   (3) 
    (D)  The copies shall be electronically submitted
annually to the system on or before July 1, or on or before the
effective date of the agreement, whichever is later.
   (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 of Division 7 of Title 3, 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,
except for programs offered pursuant to Section 84760.5. 
 programs.  If an instructor receives compensation for
office hours pursuant to Article 10 (commencing with Section 87880)
of Chapter 3 of Part 51 of Division 7 of Title 3, 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.
   (e) This section shall become operative on July 1, 2013.