22500. All persons who were members of the California State
Teachers' Retirement System on June 30, 1996, are members of the
Defined Benefit Program under the plan, in accordance with Section
401(a) of the Internal Revenue Code of 1986, as amended.
22501. (a) Any person employed to perform creditable service on a
full-time basis who is not already a member of the Defined Benefit
Program under the plan shall become a member as of the first day of
employment, unless excluded from membership pursuant to Section
22601.
(b) Creditable service in more than one position shall not be
aggregated for the purpose of determining mandatory membership under
this section.
(c) This section shall be deemed to have become operative on July
1, 1996.
22502. (a) Any person employed by a school district or county
office of education to perform creditable service on a part-time
basis, who is not already a member of the Defined Benefit Program,
shall become a member as of the first day of the pay period following
his or her employment to perform creditable service for 50 percent
or more of the full-time position, unless excluded from membership
pursuant to Section 22601.
(b) Any person employed by a community college district to perform
creditable service on a part-time basis, who is not already a member
of the Defined Benefit Program, shall become a member as of the
first day of the pay period following his or her employment to
perform creditable service that is not subject to Section 87474,
87480, 87481, 87482, or 87482.5, unless excluded from membership
pursuant to Section 22601.
(c) This section shall apply to persons who perform service
subject to coverage under this part and to persons who are employed
by employers who provide benefits for their employees under Part 14
(commencing with Section 26000).
22503. (a) Any person employed to perform creditable service as a
substitute employee who is not already a member of the Defined
Benefit Program is a member as of the first day of the pay period
following the pay period in which the person performed 100 or more
complete days of creditable service during the school year in one
school district, community college district, or county superintendent'
s office, unless excluded from membership pursuant to Section 22601.
(b) This section does not apply to persons who are employed by
employers who provide benefits for their employees under Part 14
(commencing with Section 26000).
(c) This section is deemed to have become operative on July 1,
1996.
22504. (a) Any person employed by a school district or county
office of education to perform creditable service on a part-time
basis, who is not already a member of the Defined Benefit Program,
shall become a member as of the first day of the pay period following
the pay period in which the person performed at least 60 hours of
creditable service, if employed on an hourly basis, or 10 days of
creditable service, if employed on a daily basis, during the school
year, in one school district or county office of education, unless
excluded from membership pursuant to Section 22601.
(b) Any person employed by a community college district to perform
creditable service on a part-time basis, who is not already a member
of the Defined Benefit Program, shall become a member as of the
first day of the pay period following his or her employment to
perform creditable service that is not subject to Section 87474,
87480, 87481, 87482, or 87482.5, unless excluded from membership
pursuant to Section 22601.
(c) Subdivision (a) does not apply to persons who perform service
subject to coverage under this part and who are employed by employers
who provide benefits for their employees under Part 14 (commencing
with Section 26000).
(d) Subdivision (b) shall apply to persons who perform service
subject to coverage under this part and to persons who are employed
by employers who provide benefits for their employees under Part 14
(commencing with Section 26000).
22508. (a) A member who becomes employed by the same or a different
school district or community college district, or a county
superintendent, or who becomes employed by the state in a position
described in subdivision (b), to perform service that requires
membership in a different public retirement system, and who is not
excluded from membership in that public retirement system, may elect
to have that service subject to coverage by the Defined Benefit
Program of this plan and excluded from coverage by the other public
retirement system. The election shall be made in writing on a form
prescribed by this system within 60 days from the date of hire in the
position requiring membership in the other public retirement system.
If that election is made, the service performed for the employer
after the date of hire shall be considered creditable service for
purposes of this part.
(b) Subdivision (a) shall apply to a member who becomes employed
by the state only if the member is also one of the following:
(1) Represented by a state bargaining unit that represents
educational consultants, professional educators, or librarians
employed by the state.
(2) Excluded from the definition of "state employee" in
subdivision (c) of Section 3513 of the Government Code, but
performing, supervising, or managing work similar to work performed
by employees described in paragraph (1).
(3) In a position not covered by civil service and in the
executive branch of government, but performing, supervising, or
managing work similar to work performed by employees described in
paragraph (1).
(c) (1) A member of the Public Employees' Retirement System
described in paragraph (2) who is subsequently employed to perform
creditable service requiring coverage by the Defined Benefit Program
of this plan may elect to have that subsequent service subject to
coverage by the Public Employees' Retirement System and excluded from
coverage by the Defined Benefit Program pursuant to Section 20309 of
the Government Code. If the election is made, creditable service
performed for the employer after the date of hire shall be subject to
coverage by the Public Employees' Retirement System.
(2) This subdivision shall apply to a member of the Public
Employees' Retirement System who either (A) is employed by a school
district, community college district, a county superintendent, or the
State Department of Education or (B) has at least five years of
credited service under the system.
(d) An election made by a member pursuant to this section shall be
irrevocable.
22508.5. (a) Any person who is a member of the Defined Benefit
Program of the State Teachers' Retirement Plan employed by a
community college district who subsequently is employed by the Board
of Governors of the California Community Colleges to perform duties
that are subject to membership in a different public retirement
system, shall be excluded from membership in that different system if
he or she elects, in writing, and files that election in the office
of the State Teachers' Retirement System within 60 days after the
person's entry into the new position, to continue as a member of the
Defined Benefit Program. Only a person who has achieved plan vesting
is eligible to elect to continue as a member of the program.
(b) A member of the Public Employees' Retirement System who is
employed by the Board of Governors of the California Community
Colleges who subsequently is employed by a community college district
to perform creditable service subject to coverage under the Defined
Benefit Program, may elect to have that service subject to coverage
by the Public Employees' Retirement System and excluded from coverage
under the Defined Benefit Program pursuant to Section 20309 of the
Government Code.
(c) This section shall apply to changes in employment effective on
or after January 1, 1998.
22508.6. (a) Any person who is a member of the Defined Benefit
Program and who subsequently became employed and continues to be
employed by the state to perform service that requires membership in
the Public Employees' Retirement System and who meets the
requirements of subdivision (b) may elect to have that state service
subject to coverage by the Defined Benefit Program and excluded from
coverage by the Public Employees' Retirement System.
(b) (1) Only a person who has achieved program vesting shall be
eligible to make the election under this section.
(2) A person is eligible to make the election if he or she left
employment with a school district, county superintendent of schools,
or community college district and began employment with the state
within 30 days without any intervening employment and that change in
employment occurred on or after July 1, 1991, and prior to the
effective date of this section.
(3) A person is eligible to make the election if, at the time of
the election, he or she is a member of the Public Employees'
Retirement System subject to Second Tier benefits and is one of the
following:
(A) Represented by a State Bargaining Unit that has agreed by a
memorandum of understanding to become subject to Section 20309.5 of
the Government Code.
(B) Excluded from the definition of "state employee" in
subdivision (c) of Section 3513 of the Government Code, but
performing, supervising, or managing work similar to work performed
by employees described in subparagraph (A).
(C) In a position not covered by civil service and in the
executive branch of government, but performing, supervising, or
managing work similar to work performed by employees described in
subparagraph (A).
(c) The election under this section shall be made in writing to
each system within 90 days after the effective date of this section
or within 60 days after the eligible member is notified by the system
of his or her right to make the election, whichever is later. The
member's election shall be effective on the day following the date on
which the election is received by the Public Employees' Retirement
System.
(d) If the election is made, the state service performed from and
after the date of the election shall be considered creditable service
for purposes of this part and the provisions of Section 22801.5
shall be applicable with respect to service performed prior to that
date.
22509. (a) Within 10 working days of the date of hire of an
employee who has the right to make an election pursuant to Section
22508 or 22508.5, the employer shall inform the employee of the right
to make an election and shall make available to the employee written
information provided by each retirement system concerning the
benefits provided under that retirement system to assist the employee
in making an election.
(b) Any election made pursuant to subdivision (a) of Section 22508
or subdivision (a) of Section 22508.5 shall be filed with the office
of the State Teachers' Retirement System and a copy of the election
shall be filed with the other public retirement system. Any election
made pursuant to subdivision (b) of Section 22508 or subdivision (b)
of Section 22508.5 shall be filed with the office of the Public
Employees' Retirement System and a copy of the election shall be
filed with the office of this system.
(c) Any election made pursuant to Section 22508 or Section 22508.5
shall become effective as of the first day of employment in the
position that qualified the employee to make an election.
22510. Members who on January 1, 1976, are in state service
positions according to former Section 13948 as it read on December
31, 1975, or who are employees of the Trustees of the California
State University, may elect in writing prior to July 1, 1976, not to
continue as members of this system and to transfer membership to the
Public Employees' Retirement System. Failure to execute and file the
election, which shall be received in the office of this system by the
close of business on June 30, 1976, shall be deemed a decision to
remain a member of the plan.
22511. Members eligible to elect under Section 22510 and who elect
to retain membership in the plan shall be eligible only for those
benefits available for all other members and shall not be eligible
for the benefits of the Berryhill Total Compensation Act, as amended,
except for the reduced hospitalization insurance premiums. These
members shall not be considered eligible for any additional benefits
that may accrue to other state employees.
22512. If a member elects membership in the Public Employees'
Retirement System under Section 22510, this election shall not be
counted as a break in service if employment is continuous.
22513. Members of the Defined Benefit Program who elect membership
in the Public Employees' Retirement System and have achieved plan
vesting according to Section 22156 shall retain the vested rights to
survivor and disability benefits under this part until they qualify
for the similar benefits in the Public Employees' Retirement System.
22514. Members who have not achieved plan vesting shall become
eligible for benefits under the Defined Benefit Program when total
service under the Defined Benefit Program and the Public Employees'
Retirement System equals the minimum required under Sections 23801
and 23804. These members shall retain vested rights to survivor and
disability benefits under this plan until they qualify for the
similar benefits under the Public Employees' Retirement System.
22515. Persons excluded from membership pursuant to Sections
22601.5, 22602, and 22604 may elect membership in the Defined Benefit
Program at any time while employed to perform creditable service
subject to coverage under that program. The election shall be in
writing on a form prescribed by this system and shall be filed in the
office of this system prior to submission of contributions. The
election is irrevocable and shall remain in effect until the member
terminates employment. The amendments to this section enacted during
the 1995-96 Regular Session shall be deemed to have become operative
on July 1, 1996.
22516. (a) Nothing in this chapter shall be construed or applied to
exclude from membership in the Defined Benefit Program any person
employed to perform creditable service at a level that requires
mandatory membership in the program for which he or she has the right
to elect membership in the program or another retirement system and
who elects membership in the other retirement system, or who is
employed to perform creditable service at a level that does not
require mandatory membership in the Defined Benefit Program.
(b) Service performed after becoming a member of another
retirement system shall not be credited to the member under this
part, nor shall contributions or benefits under this part be based
upon that service or the compensation received by the member during
that period of service, except as provided in the definition of
"final compensation" contained in Section 22134.
22500. All persons who were members of the California State
Teachers' Retirement System on June 30, 1996, are members of the
Defined Benefit Program under the plan, in accordance with Section
401(a) of the Internal Revenue Code of 1986, as amended.
22501. (a) Any person employed to perform creditable service on a
full-time basis who is not already a member of the Defined Benefit
Program under the plan shall become a member as of the first day of
employment, unless excluded from membership pursuant to Section
22601.
(b) Creditable service in more than one position shall not be
aggregated for the purpose of determining mandatory membership under
this section.
(c) This section shall be deemed to have become operative on July
1, 1996.
22502. (a) Any person employed by a school district or county
office of education to perform creditable service on a part-time
basis, who is not already a member of the Defined Benefit Program,
shall become a member as of the first day of the pay period following
his or her employment to perform creditable service for 50 percent
or more of the full-time position, unless excluded from membership
pursuant to Section 22601.
(b) Any person employed by a community college district to perform
creditable service on a part-time basis, who is not already a member
of the Defined Benefit Program, shall become a member as of the
first day of the pay period following his or her employment to
perform creditable service that is not subject to Section 87474,
87480, 87481, 87482, or 87482.5, unless excluded from membership
pursuant to Section 22601.
(c) This section shall apply to persons who perform service
subject to coverage under this part and to persons who are employed
by employers who provide benefits for their employees under Part 14
(commencing with Section 26000).
22503. (a) Any person employed to perform creditable service as a
substitute employee who is not already a member of the Defined
Benefit Program is a member as of the first day of the pay period
following the pay period in which the person performed 100 or more
complete days of creditable service during the school year in one
school district, community college district, or county superintendent'
s office, unless excluded from membership pursuant to Section 22601.
(b) This section does not apply to persons who are employed by
employers who provide benefits for their employees under Part 14
(commencing with Section 26000).
(c) This section is deemed to have become operative on July 1,
1996.
22504. (a) Any person employed by a school district or county
office of education to perform creditable service on a part-time
basis, who is not already a member of the Defined Benefit Program,
shall become a member as of the first day of the pay period following
the pay period in which the person performed at least 60 hours of
creditable service, if employed on an hourly basis, or 10 days of
creditable service, if employed on a daily basis, during the school
year, in one school district or county office of education, unless
excluded from membership pursuant to Section 22601.
(b) Any person employed by a community college district to perform
creditable service on a part-time basis, who is not already a member
of the Defined Benefit Program, shall become a member as of the
first day of the pay period following his or her employment to
perform creditable service that is not subject to Section 87474,
87480, 87481, 87482, or 87482.5, unless excluded from membership
pursuant to Section 22601.
(c) Subdivision (a) does not apply to persons who perform service
subject to coverage under this part and who are employed by employers
who provide benefits for their employees under Part 14 (commencing
with Section 26000).
(d) Subdivision (b) shall apply to persons who perform service
subject to coverage under this part and to persons who are employed
by employers who provide benefits for their employees under Part 14
(commencing with Section 26000).
22508. (a) A member who becomes employed by the same or a different
school district or community college district, or a county
superintendent, or who becomes employed by the state in a position
described in subdivision (b), to perform service that requires
membership in a different public retirement system, and who is not
excluded from membership in that public retirement system, may elect
to have that service subject to coverage by the Defined Benefit
Program of this plan and excluded from coverage by the other public
retirement system. The election shall be made in writing on a form
prescribed by this system within 60 days from the date of hire in the
position requiring membership in the other public retirement system.
If that election is made, the service performed for the employer
after the date of hire shall be considered creditable service for
purposes of this part.
(b) Subdivision (a) shall apply to a member who becomes employed
by the state only if the member is also one of the following:
(1) Represented by a state bargaining unit that represents
educational consultants, professional educators, or librarians
employed by the state.
(2) Excluded from the definition of "state employee" in
subdivision (c) of Section 3513 of the Government Code, but
performing, supervising, or managing work similar to work performed
by employees described in paragraph (1).
(3) In a position not covered by civil service and in the
executive branch of government, but performing, supervising, or
managing work similar to work performed by employees described in
paragraph (1).
(c) (1) A member of the Public Employees' Retirement System
described in paragraph (2) who is subsequently employed to perform
creditable service requiring coverage by the Defined Benefit Program
of this plan may elect to have that subsequent service subject to
coverage by the Public Employees' Retirement System and excluded from
coverage by the Defined Benefit Program pursuant to Section 20309 of
the Government Code. If the election is made, creditable service
performed for the employer after the date of hire shall be subject to
coverage by the Public Employees' Retirement System.
(2) This subdivision shall apply to a member of the Public
Employees' Retirement System who either (A) is employed by a school
district, community college district, a county superintendent, or the
State Department of Education or (B) has at least five years of
credited service under the system.
(d) An election made by a member pursuant to this section shall be
irrevocable.
22508.5. (a) Any person who is a member of the Defined Benefit
Program of the State Teachers' Retirement Plan employed by a
community college district who subsequently is employed by the Board
of Governors of the California Community Colleges to perform duties
that are subject to membership in a different public retirement
system, shall be excluded from membership in that different system if
he or she elects, in writing, and files that election in the office
of the State Teachers' Retirement System within 60 days after the
person's entry into the new position, to continue as a member of the
Defined Benefit Program. Only a person who has achieved plan vesting
is eligible to elect to continue as a member of the program.
(b) A member of the Public Employees' Retirement System who is
employed by the Board of Governors of the California Community
Colleges who subsequently is employed by a community college district
to perform creditable service subject to coverage under the Defined
Benefit Program, may elect to have that service subject to coverage
by the Public Employees' Retirement System and excluded from coverage
under the Defined Benefit Program pursuant to Section 20309 of the
Government Code.
(c) This section shall apply to changes in employment effective on
or after January 1, 1998.
22508.6. (a) Any person who is a member of the Defined Benefit
Program and who subsequently became employed and continues to be
employed by the state to perform service that requires membership in
the Public Employees' Retirement System and who meets the
requirements of subdivision (b) may elect to have that state service
subject to coverage by the Defined Benefit Program and excluded from
coverage by the Public Employees' Retirement System.
(b) (1) Only a person who has achieved program vesting shall be
eligible to make the election under this section.
(2) A person is eligible to make the election if he or she left
employment with a school district, county superintendent of schools,
or community college district and began employment with the state
within 30 days without any intervening employment and that change in
employment occurred on or after July 1, 1991, and prior to the
effective date of this section.
(3) A person is eligible to make the election if, at the time of
the election, he or she is a member of the Public Employees'
Retirement System subject to Second Tier benefits and is one of the
following:
(A) Represented by a State Bargaining Unit that has agreed by a
memorandum of understanding to become subject to Section 20309.5 of
the Government Code.
(B) Excluded from the definition of "state employee" in
subdivision (c) of Section 3513 of the Government Code, but
performing, supervising, or managing work similar to work performed
by employees described in subparagraph (A).
(C) In a position not covered by civil service and in the
executive branch of government, but performing, supervising, or
managing work similar to work performed by employees described in
subparagraph (A).
(c) The election under this section shall be made in writing to
each system within 90 days after the effective date of this section
or within 60 days after the eligible member is notified by the system
of his or her right to make the election, whichever is later. The
member's election shall be effective on the day following the date on
which the election is received by the Public Employees' Retirement
System.
(d) If the election is made, the state service performed from and
after the date of the election shall be considered creditable service
for purposes of this part and the provisions of Section 22801.5
shall be applicable with respect to service performed prior to that
date.
22509. (a) Within 10 working days of the date of hire of an
employee who has the right to make an election pursuant to Section
22508 or 22508.5, the employer shall inform the employee of the right
to make an election and shall make available to the employee written
information provided by each retirement system concerning the
benefits provided under that retirement system to assist the employee
in making an election.
(b) Any election made pursuant to subdivision (a) of Section 22508
or subdivision (a) of Section 22508.5 shall be filed with the office
of the State Teachers' Retirement System and a copy of the election
shall be filed with the other public retirement system. Any election
made pursuant to subdivision (b) of Section 22508 or subdivision (b)
of Section 22508.5 shall be filed with the office of the Public
Employees' Retirement System and a copy of the election shall be
filed with the office of this system.
(c) Any election made pursuant to Section 22508 or Section 22508.5
shall become effective as of the first day of employment in the
position that qualified the employee to make an election.
22510. Members who on January 1, 1976, are in state service
positions according to former Section 13948 as it read on December
31, 1975, or who are employees of the Trustees of the California
State University, may elect in writing prior to July 1, 1976, not to
continue as members of this system and to transfer membership to the
Public Employees' Retirement System. Failure to execute and file the
election, which shall be received in the office of this system by the
close of business on June 30, 1976, shall be deemed a decision to
remain a member of the plan.
22511. Members eligible to elect under Section 22510 and who elect
to retain membership in the plan shall be eligible only for those
benefits available for all other members and shall not be eligible
for the benefits of the Berryhill Total Compensation Act, as amended,
except for the reduced hospitalization insurance premiums. These
members shall not be considered eligible for any additional benefits
that may accrue to other state employees.
22512. If a member elects membership in the Public Employees'
Retirement System under Section 22510, this election shall not be
counted as a break in service if employment is continuous.
22513. Members of the Defined Benefit Program who elect membership
in the Public Employees' Retirement System and have achieved plan
vesting according to Section 22156 shall retain the vested rights to
survivor and disability benefits under this part until they qualify
for the similar benefits in the Public Employees' Retirement System.
22514. Members who have not achieved plan vesting shall become
eligible for benefits under the Defined Benefit Program when total
service under the Defined Benefit Program and the Public Employees'
Retirement System equals the minimum required under Sections 23801
and 23804. These members shall retain vested rights to survivor and
disability benefits under this plan until they qualify for the
similar benefits under the Public Employees' Retirement System.
22515. Persons excluded from membership pursuant to Sections
22601.5, 22602, and 22604 may elect membership in the Defined Benefit
Program at any time while employed to perform creditable service
subject to coverage under that program. The election shall be in
writing on a form prescribed by this system and shall be filed in the
office of this system prior to submission of contributions. The
election is irrevocable and shall remain in effect until the member
terminates employment. The amendments to this section enacted during
the 1995-96 Regular Session shall be deemed to have become operative
on July 1, 1996.
22516. (a) Nothing in this chapter shall be construed or applied to
exclude from membership in the Defined Benefit Program any person
employed to perform creditable service at a level that requires
mandatory membership in the program for which he or she has the right
to elect membership in the program or another retirement system and
who elects membership in the other retirement system, or who is
employed to perform creditable service at a level that does not
require mandatory membership in the Defined Benefit Program.
(b) Service performed after becoming a member of another
retirement system shall not be credited to the member under this
part, nor shall contributions or benefits under this part be based
upon that service or the compensation received by the member during
that period of service, except as provided in the definition of
"final compensation" contained in Section 22134.
22500. All persons who were members of the California State
Teachers' Retirement System on June 30, 1996, are members of the
Defined Benefit Program under the plan, in accordance with Section
401(a) of the Internal Revenue Code of 1986, as amended.
22501. (a) Any person employed to perform creditable service on a
full-time basis who is not already a member of the Defined Benefit
Program under the plan shall become a member as of the first day of
employment, unless excluded from membership pursuant to Section
22601.
(b) Creditable service in more than one position shall not be
aggregated for the purpose of determining mandatory membership under
this section.
(c) This section shall be deemed to have become operative on July
1, 1996.
22502. (a) Any person employed by a school district or county
office of education to perform creditable service on a part-time
basis, who is not already a member of the Defined Benefit Program,
shall become a member as of the first day of the pay period following
his or her employment to perform creditable service for 50 percent
or more of the full-time position, unless excluded from membership
pursuant to Section 22601.
(b) Any person employed by a community college district to perform
creditable service on a part-time basis, who is not already a member
of the Defined Benefit Program, shall become a member as of the
first day of the pay period following his or her employment to
perform creditable service that is not subject to Section 87474,
87480, 87481, 87482, or 87482.5, unless excluded from membership
pursuant to Section 22601.
(c) This section shall apply to persons who perform service
subject to coverage under this part and to persons who are employed
by employers who provide benefits for their employees under Part 14
(commencing with Section 26000).
22503. (a) Any person employed to perform creditable service as a
substitute employee who is not already a member of the Defined
Benefit Program is a member as of the first day of the pay period
following the pay period in which the person performed 100 or more
complete days of creditable service during the school year in one
school district, community college district, or county superintendent'
s office, unless excluded from membership pursuant to Section 22601.
(b) This section does not apply to persons who are employed by
employers who provide benefits for their employees under Part 14
(commencing with Section 26000).
(c) This section is deemed to have become operative on July 1,
1996.
22504. (a) Any person employed by a school district or county
office of education to perform creditable service on a part-time
basis, who is not already a member of the Defined Benefit Program,
shall become a member as of the first day of the pay period following
the pay period in which the person performed at least 60 hours of
creditable service, if employed on an hourly basis, or 10 days of
creditable service, if employed on a daily basis, during the school
year, in one school district or county office of education, unless
excluded from membership pursuant to Section 22601.
(b) Any person employed by a community college district to perform
creditable service on a part-time basis, who is not already a member
of the Defined Benefit Program, shall become a member as of the
first day of the pay period following his or her employment to
perform creditable service that is not subject to Section 87474,
87480, 87481, 87482, or 87482.5, unless excluded from membership
pursuant to Section 22601.
(c) Subdivision (a) does not apply to persons who perform service
subject to coverage under this part and who are employed by employers
who provide benefits for their employees under Part 14 (commencing
with Section 26000).
(d) Subdivision (b) shall apply to persons who perform service
subject to coverage under this part and to persons who are employed
by employers who provide benefits for their employees under Part 14
(commencing with Section 26000).
22508. (a) A member who becomes employed by the same or a different
school district or community college district, or a county
superintendent, or who becomes employed by the state in a position
described in subdivision (b), to perform service that requires
membership in a different public retirement system, and who is not
excluded from membership in that public retirement system, may elect
to have that service subject to coverage by the Defined Benefit
Program of this plan and excluded from coverage by the other public
retirement system. The election shall be made in writing on a form
prescribed by this system within 60 days from the date of hire in the
position requiring membership in the other public retirement system.
If that election is made, the service performed for the employer
after the date of hire shall be considered creditable service for
purposes of this part.
(b) Subdivision (a) shall apply to a member who becomes employed
by the state only if the member is also one of the following:
(1) Represented by a state bargaining unit that represents
educational consultants, professional educators, or librarians
employed by the state.
(2) Excluded from the definition of "state employee" in
subdivision (c) of Section 3513 of the Government Code, but
performing, supervising, or managing work similar to work performed
by employees described in paragraph (1).
(3) In a position not covered by civil service and in the
executive branch of government, but performing, supervising, or
managing work similar to work performed by employees described in
paragraph (1).
(c) (1) A member of the Public Employees' Retirement System
described in paragraph (2) who is subsequently employed to perform
creditable service requiring coverage by the Defined Benefit Program
of this plan may elect to have that subsequent service subject to
coverage by the Public Employees' Retirement System and excluded from
coverage by the Defined Benefit Program pursuant to Section 20309 of
the Government Code. If the election is made, creditable service
performed for the employer after the date of hire shall be subject to
coverage by the Public Employees' Retirement System.
(2) This subdivision shall apply to a member of the Public
Employees' Retirement System who either (A) is employed by a school
district, community college district, a county superintendent, or the
State Department of Education or (B) has at least five years of
credited service under the system.
(d) An election made by a member pursuant to this section shall be
irrevocable.
22508.5. (a) Any person who is a member of the Defined Benefit
Program of the State Teachers' Retirement Plan employed by a
community college district who subsequently is employed by the Board
of Governors of the California Community Colleges to perform duties
that are subject to membership in a different public retirement
system, shall be excluded from membership in that different system if
he or she elects, in writing, and files that election in the office
of the State Teachers' Retirement System within 60 days after the
person's entry into the new position, to continue as a member of the
Defined Benefit Program. Only a person who has achieved plan vesting
is eligible to elect to continue as a member of the program.
(b) A member of the Public Employees' Retirement System who is
employed by the Board of Governors of the California Community
Colleges who subsequently is employed by a community college district
to perform creditable service subject to coverage under the Defined
Benefit Program, may elect to have that service subject to coverage
by the Public Employees' Retirement System and excluded from coverage
under the Defined Benefit Program pursuant to Section 20309 of the
Government Code.
(c) This section shall apply to changes in employment effective on
or after January 1, 1998.
22508.6. (a) Any person who is a member of the Defined Benefit
Program and who subsequently became employed and continues to be
employed by the state to perform service that requires membership in
the Public Employees' Retirement System and who meets the
requirements of subdivision (b) may elect to have that state service
subject to coverage by the Defined Benefit Program and excluded from
coverage by the Public Employees' Retirement System.
(b) (1) Only a person who has achieved program vesting shall be
eligible to make the election under this section.
(2) A person is eligible to make the election if he or she left
employment with a school district, county superintendent of schools,
or community college district and began employment with the state
within 30 days without any intervening employment and that change in
employment occurred on or after July 1, 1991, and prior to the
effective date of this section.
(3) A person is eligible to make the election if, at the time of
the election, he or she is a member of the Public Employees'
Retirement System subject to Second Tier benefits and is one of the
following:
(A) Represented by a State Bargaining Unit that has agreed by a
memorandum of understanding to become subject to Section 20309.5 of
the Government Code.
(B) Excluded from the definition of "state employee" in
subdivision (c) of Section 3513 of the Government Code, but
performing, supervising, or managing work similar to work performed
by employees described in subparagraph (A).
(C) In a position not covered by civil service and in the
executive branch of government, but performing, supervising, or
managing work similar to work performed by employees described in
subparagraph (A).
(c) The election under this section shall be made in writing to
each system within 90 days after the effective date of this section
or within 60 days after the eligible member is notified by the system
of his or her right to make the election, whichever is later. The
member's election shall be effective on the day following the date on
which the election is received by the Public Employees' Retirement
System.
(d) If the election is made, the state service performed from and
after the date of the election shall be considered creditable service
for purposes of this part and the provisions of Section 22801.5
shall be applicable with respect to service performed prior to that
date.
22509. (a) Within 10 working days of the date of hire of an
employee who has the right to make an election pursuant to Section
22508 or 22508.5, the employer shall inform the employee of the right
to make an election and shall make available to the employee written
information provided by each retirement system concerning the
benefits provided under that retirement system to assist the employee
in making an election.
(b) Any election made pursuant to subdivision (a) of Section 22508
or subdivision (a) of Section 22508.5 shall be filed with the office
of the State Teachers' Retirement System and a copy of the election
shall be filed with the other public retirement system. Any election
made pursuant to subdivision (b) of Section 22508 or subdivision (b)
of Section 22508.5 shall be filed with the office of the Public
Employees' Retirement System and a copy of the election shall be
filed with the office of this system.
(c) Any election made pursuant to Section 22508 or Section 22508.5
shall become effective as of the first day of employment in the
position that qualified the employee to make an election.
22510. Members who on January 1, 1976, are in state service
positions according to former Section 13948 as it read on December
31, 1975, or who are employees of the Trustees of the California
State University, may elect in writing prior to July 1, 1976, not to
continue as members of this system and to transfer membership to the
Public Employees' Retirement System. Failure to execute and file the
election, which shall be received in the office of this system by the
close of business on June 30, 1976, shall be deemed a decision to
remain a member of the plan.
22511. Members eligible to elect under Section 22510 and who elect
to retain membership in the plan shall be eligible only for those
benefits available for all other members and shall not be eligible
for the benefits of the Berryhill Total Compensation Act, as amended,
except for the reduced hospitalization insurance premiums. These
members shall not be considered eligible for any additional benefits
that may accrue to other state employees.
22512. If a member elects membership in the Public Employees'
Retirement System under Section 22510, this election shall not be
counted as a break in service if employment is continuous.
22513. Members of the Defined Benefit Program who elect membership
in the Public Employees' Retirement System and have achieved plan
vesting according to Section 22156 shall retain the vested rights to
survivor and disability benefits under this part until they qualify
for the similar benefits in the Public Employees' Retirement System.
22514. Members who have not achieved plan vesting shall become
eligible for benefits under the Defined Benefit Program when total
service under the Defined Benefit Program and the Public Employees'
Retirement System equals the minimum required under Sections 23801
and 23804. These members shall retain vested rights to survivor and
disability benefits under this plan until they qualify for the
similar benefits under the Public Employees' Retirement System.
22515. Persons excluded from membership pursuant to Sections
22601.5, 22602, and 22604 may elect membership in the Defined Benefit
Program at any time while employed to perform creditable service
subject to coverage under that program. The election shall be in
writing on a form prescribed by this system and shall be filed in the
office of this system prior to submission of contributions. The
election is irrevocable and shall remain in effect until the member
terminates employment. The amendments to this section enacted during
the 1995-96 Regular Session shall be deemed to have become operative
on July 1, 1996.
22516. (a) Nothing in this chapter shall be construed or applied to
exclude from membership in the Defined Benefit Program any person
employed to perform creditable service at a level that requires
mandatory membership in the program for which he or she has the right
to elect membership in the program or another retirement system and
who elects membership in the other retirement system, or who is
employed to perform creditable service at a level that does not
require mandatory membership in the Defined Benefit Program.
(b) Service performed after becoming a member of another
retirement system shall not be credited to the member under this
part, nor shall contributions or benefits under this part be based
upon that service or the compensation received by the member during
that period of service, except as provided in the definition of
"final compensation" contained in Section 22134.
