20250AB__278097AMD INTRODUCED 2026-03-09 AMENDED_ASSEMBLY 2026-04-20 AMENDED_SENATE 2026-06-04 2025 AB AMD Introduced by Committee on Public Employment and Retirement (Assembly Members McKinnor (Chair), Boerner, Garcia, and Michelle Rodriguez) LEAD_AUTHOR ASSEMBLY Committee on Public Employment and Retirement Assembly Members McKinnor (Chair), Boerner, Garcia, and Michelle Rodriguez

An act to amend Sections 22170.5, 22250, 22455.5, 24201.5, 24204, 24209, 24209.3, 24210, 25006, 25009, 26300, and of, and to amend, repeal, and add Sections 22164.5, 26004, 26113, 26135.7, 26139, and 26139.5 of, the Education Code, and to amend Sections 20405, 20407, 20408, 20409, 20410, 21023.5, 31520, 31520.1, 31520.2, 31621.7, 31622, 31639.3, 31641, 31641.2, 31641.6, 31641.20, 31641.21, and of, to repeal

Section of, and to add Sections 31540.5 and 31789.6 to, the Government Code, relating to retirement, and making an appropriation therefor. retirement, and making an appropriation therefor Public employees’ retirement.

(1) Existing law, 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, creditable service, and age at retirement, subject to certain variations. STRS is administered by the Teachers’ Retirement Board. Existing law creates the Teachers’ Retirement Fund, which is continuously appropriated for specified purposes, into which certain moneys are deposited, including employee contributions.

Existing law requires employers and employees to make contributions to the system based on the member’s creditable compensation. Existing law defines terms for the purposes of STRS. Existing law defines “retired member activities” to mean one or more of specified identified activities within the California public school system and performed by a member retired for service under STRS, as prescribed.

This bill, commencing July 1, 2027, would redefine “retired member activities” to mean all service performed within the California public school system by a member retired for service under STRS when the member is employed in specified positions, including as an employee or independent contractor.

(2) Existing law defines “sick leave days,” “basic sick leave day,” and “excess sick leave days” for purposes of STRS. For specified standards concerning service credit that are expressed only in terms of hours, existing law requires the number of hours to be divided by to determine the number of sick days. This bill would delete the above provision on calculating the number of hours. The bill would instead provide that, when determining the number of days, including for those identified standards, one day shall be equivalent to the number of hours of creditable service performed in a day in that position on a full-time basis, but no less than hours.

(3) Existing law requires the retirement board and employees of STRS to discharge their duties with respect to the system and the plan solely in the interest of the members and beneficiaries, as specified. This includes by diversifying the investments of the plan so as to minimize the risk of large losses unless under the circumstances it is clearly prudent not to do so. This bill would revise that provision to instead require diversifying the investments of the plan so as to minimize the risk of loss and to maximize the rate of return unless under the circumstances it is clearly not prudent to do so.

(4) Existing law requires employers to make available criteria for membership, including optional membership, in a timely manner to all persons employed to perform creditable service subject to coverage by the Defined Benefit Program and to inform part-time and substitute employees, within days of the date of hire, or by March 1, 1995, whichever is later, that they may elect membership in the plan’s Defined Benefit Program at any time while employed. This bill would shorten the above-described timeframe for notifying those employees to within working days of the date of hire.

(5) Existing law establishes the circumstances in which a member who is eligible and applies for a disability allowance or retirement may apply to receive a service retirement allowance pending the determination of their application for disability. Under those provisions, a member who applies for service retirement in these circumstances does not receive service credit for each day of accumulated or unused leave of absence for illness or injury or for education, as specified.

This bill would also provide that a member who applies for retirement under those provisions shall not receive an additional years of service credit granted in specified circumstances. Existing law requires the retirement board to determine a date based on when the system has the capacity to implement specified changes to the above provisions. Existing law further requires the board to post that date on its website no later than January 1, 2026. This bill would delete the above-described language.

(6) Existing law provides that a service retirement allowance becomes effective upon any date designated by the member, provided all of specified conditions are met. This includes a requirement that the member file an application for service retirement on a form provided by STRS, executed no earlier than months before the effective date of the member’s retirement allowance. This bill would also require the application for service retirement allowance to be received by STRS within days after the date of the member’s signature and, if applicable, the spouse’s or registered domestic partner’s signature.

Existing law permits a member who files an application for service retirement to change or cancel their retirement application if certain conditions are met. Existing law requires that the form provided by STRS be received by the system no later than days from the date the member’s initial benefit payment for the member’s most recent retirement under the Defined Benefit Program is paid by the system. This bill would also require that the form be received by STRS within days after the date of the member’s signature and, if applicable, the spouse’s or registered domestic partner’s signature.

The bill would additionally authorize a member to elect to change a retirement annuity from the defined Benefit Supplement Program to a lump-sum payment any time after retirement, subject to using a form provided by the system and meeting other specified requirements. Existing law requires the retirement board to determine a date based on when the system has the capacity to implement specified changes to these provisions and to post the date on its website no later than January 1, 2026. This bill would delete the above-described language.

(7) Existing law specifies the amount a member is to receive upon retirement for service following reinstatement, which is based on specified factors. Existing law also specifies circumstances in which a member who reinstates and performs other creditable service is entitled to a service retirement allowance. Existing law also specifies the amount a member is entitled to receive upon retirement for service following a prior disability retirement, as prescribed. This bill would require benefits calculated pursuant to the above provisions to be modified by an option if elected pursuant to that law.

(8) Existing law authorizes the retirement board to declare an additional earnings credit to be applied to Defined Benefit Supplement accounts for a plan year, subject to certain considerations by the board. Existing law requires the board to specify, for any plan year for which it declares an additional earnings credit, the amount to be added to members’ accounts as a percentage increase. Existing law prohibits additional earnings credit from being added to the balance of credits transferred from a member’s Defined Benefit Supplement account to the Annuitant Reserve.

This bill would delete the above-described provision prohibiting additional earnings credit from being added to the balance of credits transferred.

(9) Existing law requires a member’s retirement benefit under the Defined Benefit Supplement Program to be an amount equal to the balance of credits in the member’s Defined Benefit Supplement account on the date the retirement benefit becomes payable. Existing law requires the retirement benefit to be a lump-sum payment or an annuity payable in monthly installments, or a combination thereof. This bill would establish specified conditions if a member elects to change their retirement annuity from the Defined Benefit Supplement Program to a lump-sum payment, including providing for termination of payment of the annuity based on the balance of credits and making the election irrevocable.

(10) Existing law provides that benefits payable to participants or beneficiaries of STRS are subject to limits imposed by specified provisions of federal law and shall not exceed those limitations. This bill, commencing July 1, 2027, for a STRS participant subject to the California Public Employees’ Pension Reform Act of 2013, would specify those limits for participants whose service is included in federal social security and those whose service is not subject to social security. The bill would make those provisions subject to annual changes in the consumer price index and other conditions.

The bill, commencing July 1, 2027, would also redefine various terms applicable to STRS and would make other related changes to those provisions. (11)<xhtml:span class="EnSpace"/>Existing law creates the Teachers’ Retirement Fund, which is continuously appropriated for specified purposes, into which certain moneys are deposited, including employee contributions. </xhtml:p><xhtml:p>By affecting the contributions to the retirement fund, the bill would make an appropriation. </xhtml:p>"?>

(11) Existing law, the Public Employees’ Retirement Law, creates the Public Employees’ Retirement System (PERS), which is administered by the Board of Administration of the Public Employees’ Retirement System. PERS provides defined benefits to its members based on their final compensation, credited service, and age at retirement, subject to certain variations. Existing law establishes the Public Employees’ Retirement Fund, which is a trust fund that is appropriated continuously for specified purposes, into which certain moneys are deposited, including employee contributions.

Existing law authorizes a member of PERS to elect to receive service credit for certain public service outside the system, including time served as a volunteer in the Peace Corps or AmeriCorps, by making specified contributions to the system. This bill would also authorize a member to receive service credit for public service with the California Council on Science and Technology, subject to making the required contributions for that service.

Existing law, for purposes of PERS benefits, defines “state safety member” in specified provisions to include officers and employees of certain state departments in listed employment classifications, identified by classification code. This bill would revise those

definitions to include officers and employees of the California Correctional Health Care Services in listed classifications. Among other changes, the bill would remove obsolete employment classification references and would update classification terms and codes.

(12) Existing law, the County Employees Retirement Law of 1937, authorizes counties to establish retirement systems pursuant to its provisions in order to provide pension benefits to county, city, and district employees and their beneficiaries. Existing law sets forth the membership composition for boards of retirement and boards of investment, as specified. Existing law requires specified members of the retirement board to be active members of the association elected by it. This bill would revise the above provisions to require those board members to be elected by those active members.

The bill would also redefine “active member” to specify that it refers to a member in county service, as otherwise defined, and would make related changes to other

definitions under that law. Existing law, for the County of Los Angeles, establishes certain legal obligations of the retirement system to its members and their beneficiaries. Existing law specifies that, for purposes of payments into or out of the retirement fund for adjustment of errors or omissions, the period of limitation of actions is years. Existing law also establishes a 10-year period of limitation for cases in which payment is erroneous because of the death of the retired member or beneficiary or because of remarriage or due to fraudulent reports of compensation, as specified.

This bill would establish similar obligations applicable for counties other than Los Angeles. The bill would specify that in cases in which payment is erroneous because of the death of the retired member or beneficiary or because of the remarriage of the beneficiary, the period of limitation of actions shall be years. The bill would also provide a 10-year limitation period for cases in which payment has been made as a result of fraudulent reports, as specified. The bill would make various other related and conforming changes to these retirement provisions.

(13) By increasing the contributions to continuously appropriated retirement funds, the bill would make an appropriation. MAJORITY YES YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 22164.5 of the Education Code is amended to read: 22164.5. (a) “Retired member activities” means one or more activities identified in subdivision (b), (c), or (

d) of

Section 22119.5 or subdivision (b), (c), or (

d) of

Section within the California public school system and performed by a member retired for service 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 the definition of “retired member activities” if all of the following conditions apply:

(1) The employee performs an assignment of months or less.

(2) The third-party employer does not participate in a California public pension system.

(3) The activities performed by the individual are not normally performed by employees of an employer, as defined in

Section 22131. (

c) This

section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.

SEC.

Section 22164.5 is added to the Education Code , to read: 22164.5. (a) “Retired member activities” means all service performed within the California public school system by a member retired for service under this part when the member is employed 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) Service performed by an employee of a third party shall not be included in the definition of “retired member activities” if all of the following conditions apply:

(1) The employee performs an assignment of months or less.

(2) The third-party employer does not participate in a California public pension system.

(3) The activities performed by the individual are not normally performed by employees of an employer, as defined in

Section 22131. (

c) This

section shall become operative on July 1, 2027.

SEC.

Section 22170.5 of the Education Code is amended to read: 22170.5. (a) “Sick leave days” means the number of days of accumulated and unused leave of absence for illness or injury granted by each employer. (b) “Basic sick leave day” means the days of paid leave of absence due to illness or injury granted by each employer that are not excess sick leave days. (c) “Excess sick leave days” means the day or total number of days of paid leave of absence due to illness or injury granted by each employer in excess of days per school year. (

d) When determining the number of days pursuant to this section, including for those standards identified in

Section 22138.5, one day shall be equivalent to the number of hours of creditable service performed in a day in that position on a full-time basis but shall be no less than six hours.

SEC. 4.

Section of the Education Code is amended to read: 22250. The board and its officers and employees of the system shall discharge their duties with respect to the system and the plan solely in the interest of the members and beneficiaries of the Defined Benefit Program as well as the participants and beneficiaries of the Cash Balance Benefit Program as follows: (

a) For the exclusive purpose of the following:

(1) Providing benefits to members and beneficiaries of the Defined Benefit Program as well as the participants and beneficiaries of the Cash Balance Benefit Program.

(2) Defraying reasonable expenses of administering the plan. (

b) With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims. (

c) By diversifying the investments of the plan so as to minimize the risk of loss and to maximize the rate of return unless under the circumstances it is clearly not prudent to do so. (

d) In accordance with the documents and instruments governing the plan and the system insofar as those documents and instruments are consistent with this part and

Part 14 (commencing with

Section 26000).

SEC.

Section 22455.5 of the Education Code is amended to read: 22455.5. (

a) The Legislature finds and declares that the federal Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508) requires all public employers to provide their employees with either social security coverage or membership in a qualified retirement plan. (

b) Employers shall make available criteria for membership, including optional membership, in a timely manner to all persons employed to perform creditable service subject to coverage by the Defined Benefit Program, and shall inform part-time and substitute employees, within working days of the date of hire, or by March 1, 1995, whichever is later, that they may elect membership in the plan’s Defined Benefit Program at any time while employed. Written acknowledgment by the employee shall be maintained in employer files on a form provided by this system. (

c) Employers shall be liable to the plan for employee and employer contributions and interest with respect to the Defined Benefit Program from the date of hire, or March 1, 1995, whichever is later, in addition to system administrative and audit costs, if an audit or a member’s complaint reveals noncompliance. However, no employer shall be liable for employee contributions for service performed prior to January 1, 1995.

SEC.

Section 24201.5 of the Education Code is amended to read: 24201.5. (

a) A member who is eligible and applies for a disability allowance or retirement pursuant to

Section or may apply to receive a service retirement allowance pending the determination of their application for disability, subject to all of the following:

(1) The member is eligible to retire for service under

Section or 24203.

(2) The member submits the application on a form provided by the system, subject to all of the following: (

A) The application is executed no earlier than the date the application for disability benefits is executed and no earlier than six months before the effective date of the retirement allowance. (

B) The effective date is no earlier than the first day of the month in which the application for disability benefits is received by the system, unless the application for disability benefits is denied or canceled and the member has indicated an earlier service retirement date on the application to use if denied or canceled. If the application for disability benefits is denied or canceled, the service retirement date of a member who submits an application for retirement pursuant to this

section shall be no earlier than calendar days prior to when the application for service retirement is received by the system. (

C) The effective date is later than the last day the member earned creditable compensation pursuant to

Section 22119.2 or 22119.3. (

D) The effective date is no earlier than one year following the date on which a retirement allowance was terminated pursuant to

Section 24208, unless the application for disability benefits is denied or canceled and the member has indicated an earlier service retirement date on the application to use if denied or canceled. If the application for disability benefits is denied or canceled, the service retirement date is no earlier than one day after the date on which a retirement allowance was terminated pursuant to

Section 24208, provided that the retirement allowance is terminated no earlier than calendar days prior to when the application for service retirement is received by the system. (

E) The effective date is no earlier than one year following the date on which a retirement allowance was terminated pursuant to subdivision (

a) of

Section 24117.

(3) The effective date of the service retirement allowance can be no earlier than the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent.

(4) A member who applies for service retirement under this

section is not eligible to receive a lump-sum payment and an actuarially reduced monthly allowance pursuant to

Section 24221.

(5) A member who applies for service retirement under this

section is not eligible to receive an allowance calculated pursuant to

Section 24205.

(6) A member who applies for service retirement under this

section and elects to receive their retirement benefit pursuant to

Section as a lump-sum payment is not eligible to elect a disability benefit pursuant to

Section or 25018.1. (7) (

A) Except as described in subparagraph (B), a member who applies for service retirement under this

section shall not receive service credit for each day of accumulated and unused leave of absence for illness or injury or for education pursuant to

Section or 22717.5 or service credit granted pursuant to

Section 22714. (

B) If the application for disability is denied or canceled, the member’s service retirement allowance shall be adjusted to the effective date of the service retirement to include service credited pursuant to

Section 22714, 22717, or 22717.5.

(8) If the application for disability is denied or canceled, a member who applies for a service retirement allowance under this

section is subject to all of the following: (

A) Unless otherwise provided in this part, a member who, on their application for service retirement, elects an option pursuant to

Section 24300.1 or may not change or revoke that option. (

B) If the member receives a modified service retirement allowance based on the election of an option pursuant to

Section 24300.1 or 24307, that modified service retirement allowance shall continue in effect and unchanged. (

C) If the member did not elect an option pursuant to

Section 24300.1 or and receives an unmodified service retirement allowance, that unmodified service retirement allowance shall continue in effect and unchanged. (

b) A member who applies for service retirement under this

section may change or cancel their service retirement application pursuant to

Section 24204, or may terminate their service retirement allowance pursuant to

Section 24208. (

c) A member may not cancel their application for disability prior to a determination of that application unless they submit a written request to the system. If a member elects to cancel their service retirement application or elects to terminate their service retirement allowance as described in subdivision (b), that election shall not cancel the application for disability. (d)

(1) Subparagraph (

C) of paragraph (1) of subdivision (

a) of

Section and paragraph (3) of subdivision (

a) of

Section shall not apply to a member who cancels an application for service retirement pursuant to

Section or who terminates a service retirement allowance pursuant to

Section 24208, if all of the following apply: (

A) The member earned at least one year of credited service subsequent to the most recent terminated service retirement allowance. (

B) The member’s application for disability under this

section is pending determination by the board.

(2) If the member’s application for disability under this

section is denied or canceled, subparagraph (

C) of paragraph (1) of subdivision (

a) of

Section and paragraph (3) of subdivision (

a) of

Section shall apply if the member submits a new application for disability. (e)

(1) If the board approves the application for disability, and notwithstanding subdivision (

f) of

Section 24204, the board shall cancel the member’s application for service retirement and shall authorize payment of a disability allowance or disability retirement.

(2) If the board approves the application for disability and the member has received service retirement allowance payments under this part, the effective date for the disability allowance or disability retirement shall be the same as the effective date of the service retirement allowance. (

f) If a member who applies for service retirement under this

section dies prior to a determination by the board on the application for disability, the member shall be considered retired for service at the time of death, and any subsequent benefits shall be paid accordingly. (

g) If a member who applies for service retirement under this

section dies after the board has approved the member’s application for disability, the member shall be considered a disabled member, or retired for disability, at the time of death, and any subsequent benefits shall be paid accordingly, even if the member died prior to receiving notification of the approval of their application for disability. (

h) If the member changes or cancels their service retirement application or terminates their service retirement allowance as described in subdivision (b), the system shall make appropriate adjustments to the applicable service retirement allowance, disability allowance, or disability retirement allowance, retroactive to the effective date of the disability allowance or disability retirement allowance. Subdivision (

a) of

Section shall not apply. (

i) The system may recover a service retirement allowance overpayment made to a member by deducting that overpayment from any subsequent disability benefit payable to the member. (

j) Nothing in this

section shall be construed to allow a member or beneficiary to receive more than one type of retirement or disability allowance for the same period of time.

SEC. 7.

Section of the Education Code is amended to read: 24204. (

a) A service retirement allowance under this part shall become effective upon any date designated by the member, provided all of the following conditions are met:

(1) An application for service retirement allowance is filed on a form provided by the system, which is executed no earlier than six months before the effective date of retirement allowance and received by the system within days after the date of the member’s signature and, if applicable, the spouse’s or registered domestic partner’s signature.

(2) The effective date of a member who files an application for retirement pursuant to

Section is no earlier than calendar days prior to when the application for service retirement is received by the system.

(3) The effective date is later than the last day the member earned creditable compensation pursuant to

Section 22119.2 or 22119.3.

(4) The effective date is no earlier than one day after the date on which the retirement allowance was terminated under

Section 24208.

(5) The effective date is no earlier than one year following the date on which the retirement allowance was terminated under subdivision (

a) of

Section 24117.

(6) The effective date is no earlier than the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent.

(7) The effective date is no earlier than one day after the date upon which the member completes payment of a service credit purchase pursuant to

Section 22801, 22820, or 22826, or payment of a redeposit of contributions pursuant to

Section 23200, except as provided in

Section or 22829. (

b) A member who files an application for service retirement may change or cancel their retirement application if all of the following are met:

(1) The form provided by the system is received by the system no later than days from the date the member’s initial benefit payment for the member’s most recent retirement under the Defined Benefit Program is paid by the system and received by the system within days after the date of the member’s signature and, if applicable, the spouse’s or registered domestic partner’s signature.

(2) The member returns the total gross distribution amount of all payments for any canceled benefit, including a lump-sum payment being changed to an annuity, to the system no later than days from the date of the member’s initial benefit payment. The member shall be liable for any adverse tax consequences that may result from these actions. (

c) A member may elect to change a retirement annuity from the Defined Benefit Supplement Program to a lump-sum payment any time after retirement subject to

Section using a form provided by the system. The form shall be received by the system within days after the date of the member’s signature and, if applicable, the spouse’s or registered domestic partner’s signature. (

d) Nothing in this

section shall be construed to allow a member to receive more than one type of retirement or disability allowance for the same period of time by virtue of the member’s own membership.

SEC. 8.

Section of the Education Code is amended to read: 24209. (

a) Upon retirement for service following reinstatement, the member shall receive a service retirement allowance equal to the sum of both of the following:

(1) An amount equal to the monthly allowance the member was eligible to receive immediately preceding the most recent reinstatement, exclusive of any amounts payable pursuant to

Section or 22715, increased by the improvement factor that would have been applied to the allowance if the member had not reinstated.

(2) An amount calculated pursuant to

Section 24202, 24202.5, 24202.6, 24203, 24203.5, or based on credited service accrued, including any service granted pursuant to

Section or 22717.5, subsequent to the most recent reinstatement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation. (

b) If the total amount of credited service accrued, other than that accrued pursuant to Sections 22714, 22715, 22717, 22717.5, and 22826, except as provided in subdivision (

c) of

Section 22121, is equal to or greater than years, the amounts identified in paragraphs (1), for members who initially retired on or after January 1, 1999, and (2) of subdivision (

a) shall be calculated pursuant to

Section 24203.5. (

c) If the total amount of credited service accrued, other than that accrued pursuant to Sections 22714, 22715, 22717, 22717.5, and 22826, except as provided in subdivision (

c) of

Section 22121, is equal to or greater than years, upon retirement for service following reinstatement, a member who retired pursuant to

Section 24213, and received the terminated disability allowance for the prior retirement, shall receive a service retirement allowance equal to the sum of the following:

(1) An amount based on the credited service accrued, including any service granted pursuant to

Section or 22717.5, prior to the effective date of the disability allowance, the member’s age at the prior retirement increased by the factor provided in

Section 24203.5, and projected final compensation.

(2) An amount calculated pursuant to

Section 24202, 24202.5, 24202.6, 24203.5, or based on credited service accrued, including any service granted pursuant to

Section or 22717.5, subsequent to the reinstatement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (

d) Benefits calculated pursuant to this

section shall not take into consideration the benefit comparison described in

Section 24203.8. (

e) Benefits calculated pursuant to this

section shall be modified by an option if elected pursuant to this part.

SEC.

Section 24209.3 of the Education Code is amended to read: 24209.3. (

a) Notwithstanding subdivision (

a) of

Section 24209, and exclusive of any amounts payable during the prior retirement for service pursuant to

Section 22714, or 22715:

(1) A member who retired, other than pursuant to

Section 24210, 24211, 24212, or 24213, and who reinstates and performs creditable service, as defined in

Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following: (

A) An amount calculated pursuant to this

chapter based on credited service accrued, including any service granted pursuant to

Section or 22717.5, prior to the most recent reinstatement, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation. (

B) An amount calculated pursuant to this

chapter based on credited service accrued, including any service granted pursuant to

Section or 22717.5, subsequent to the most recent reinstatement, using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation.

(2) A member who retired pursuant to

Section and who reinstates and performs creditable service, as defined in

Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following: (

A) An amount calculated pursuant to this

chapter based on credited service accrued, including any service granted pursuant to

Section or 22717.5, prior to the effective date of the disability retirement, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and indexed final compensation to the effective date of the initial service retirement. (

B) An amount calculated pursuant to this

chapter based on the credited service accrued, including any service granted pursuant to

Section or 22717.5, after termination of the disability retirement, excluding credited service accrued or granted subsequent to the most recent reinstatement, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation. (

C) An amount calculated pursuant to this

chapter based on credited service accrued, including any service granted pursuant to

Section or 22717.5, subsequent to the most recent reinstatement, using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation.

(3) A member who retired pursuant to

Section and who reinstates and performs creditable service, as defined in

Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following: (

A) The greater of (

i) the disability allowance the member was eligible to receive immediately prior to termination of that allowance, excluding the children’s portion, or (ii) an amount calculated pursuant to this

chapter based on credited service accrued prior to the effective date of the disability allowance, excluding credited service accrued or granted pursuant to

Section or 22717.5 or

Chapter 14 (commencing with

Section 22800) or

Chapter 14.2 (commencing with

Section 22820) or

Chapter 19 (commencing with

Section 23200), using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation earnable, or a combination of both. (

B) An amount equal to either of the following: (

i) For a member who was receiving a benefit pursuant to subdivision (

a) of

Section 24211, an amount calculated pursuant to this

chapter based on credited service accrued at the time of the retirement pursuant to

Section 24211, excluding credited service accrued or granted prior to the effective date of the disability allowance or pursuant to

Section or 22717.5 or

Chapter 14 (commencing with

Section 22800) or

Chapter 14.2 (commencing with

Section 22820) or

Chapter 19 (commencing with

Section 23200), the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (ii) For a member who was receiving a benefit pursuant to subdivision (

b) of

Section 24211, an amount calculated pursuant to this

chapter based on projected service at the time of the retirement pursuant to

Section 24211, excluding credited service accrued or granted prior to the effective date of the disability allowance or pursuant to

Section or 22717.5 or

Chapter 14 (commencing with

Section 22800) or

Chapter 14.2 (commencing with

Section 22820) or

Chapter 19 (commencing with

Section 23200), the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (

C) An amount based on any credited service accrued or granted pursuant to

Section or 22717.5 or

Chapter 14 (commencing with

Section 22800) or

Chapter 14.2 (commencing with

Section 22820) or

Chapter 19 (commencing with

Section 23200), at the time of the retirement pursuant to

Section 24211, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (

D) An amount calculated pursuant to this

chapter based on credited service accrued subsequent to the most recent reinstatement, including credited service accrued or granted pursuant to

Section 22714, 22715, 22717, or 22717.5 or

Chapter 14 (commencing with

Section 22800) or

Chapter 14.2 (commencing with

Section 22820) or

Chapter 19 (commencing with

Section 23200), using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both.

(4) A member who retired pursuant to

Section or and who reinstates and performs creditable service, as defined in

Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following: (

A) An amount calculated pursuant to this

chapter based on the member’s projected service at the time of the retirement pursuant to

Section or 24213, including credited service accrued or granted pursuant to

Section or 22717.5 or

Chapter 14 (commencing with

Section 22800) or

Chapter 14.2 (commencing with

Section 22820) or

Chapter 19 (commencing with

Section 23200), using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (

B) An amount calculated pursuant to this

chapter based on credited service accrued subsequent to the most recent reinstatement, including credited service accrued or granted pursuant to

Section 22714, 22715, 22717, or 22717.5 or

Chapter 14 (commencing with

Section 22800) or

Chapter 14.2 (commencing with

Section 22820) or

Chapter 19 (commencing with

Section 23200), using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (

b) If the total amount of credited service, other than projected service, or service that accrued or was granted pursuant to Sections 22714, 22715, 22717, 22717.5, and 22826, except as provided in subdivision (

c) of

Section 22121, is equal to or greater than the number of years required to be eligible for an increased allowance pursuant to this

chapter or

Section 22134.5, the amounts identified in this

section shall be calculated pursuant to the

section authorizing the increased benefit. (

c) For members receiving an allowance pursuant to

Section 24410.5 or 24410.6, the amount payable pursuant to this

section shall not be less than the amount payable to the member as of the effective date of reinstatement. (

d) The amount payable pursuant to this

section shall not be less than the amount that would be payable to the member pursuant to

Section 24209. (

e) For purposes of determining an allowance increase pursuant to Sections and 24417, the calendar year of retirement shall be the year of the subsequent retirement if the final compensation used to calculate the allowance pursuant to this

section is higher than the final compensation used to calculate the allowance for the prior retirement. (

f) The allowance paid pursuant to this

section to a member receiving a lump-sum payment pursuant to

Section shall be actuarially reduced to reflect that lump-sum payment. (

g) Benefits calculated pursuant to this

section shall not take into consideration the benefit comparison described in

Section 24203.8. (

h) Benefits calculated pursuant to this

section shall be modified by an option if elected pursuant to this part.

SEC. 10.

Section of the Education Code is amended to read: 24210. (

a) Upon retirement for service following a prior disability retirement granted pursuant to

Chapter 26 (commencing with

Section 24100) that was terminated, the member shall receive a service retirement allowance calculated pursuant to

Section 24202, 24202.5, 24202.6, 24203, 24203.5, 24203.6, or and equal to the sum of both of the following:

(1) An amount based on credited service accrued, including any service granted pursuant to

Section or 22717.5, prior to the effective date of the disability retirement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and indexed final compensation to the effective date of the service retirement.

(2) An amount based on the credited service accrued, including any service granted pursuant to

Section or 22717.5, after termination of the disability retirement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation. (

b) Benefits calculated pursuant to this

section shall be modified by an option if elected pursuant to this part.

SEC. 11.

Section of the Education Code is amended to read: 25006. (

a) The board may declare an additional earnings credit to be applied to Defined Benefit Supplement accounts for a plan year. Prior to declaring an additional earnings credit, the board shall consider all of the following:

(1) Whether the plan’s investment earnings with respect to the Defined Benefit Supplement Program for the plan year exceed the amount required to meet the liabilities identified in paragraphs (2), (3), and (4).

(2) The amount required for the plan year to credit interest on members’ nominal accounts at the minimum interest rate.

(3) The amount of the plan’s administrative expenses with respect to the Defined Benefit Supplement Program for the plan year.

(4) The sufficiency of the Gain and Loss Reserve and whether any additions must be made to that reserve. (

b) For any plan year that the board declares an additional earnings credit, the board shall specify the amount to be added to members’ accounts as a percentage increase. The additional earnings credit shall be applied to the balance of credits in each member’s nominal account as of the last day of the plan year and shall be applied as of the date specified by the board. (

c) The declaration of an additional earnings credit shall be made as a plan amendment adopted by the board with respect to the Defined Benefit Supplement Program upon recommendation of the actuary based on the actuarial valuation undertaken following the plan year pursuant to

Section 22311.5, but no later than June following the end of the plan year.

SEC. 12.

Section of the Education Code is amended to read: 25009. (

a) A member’s retirement benefit under the Defined Benefit Supplement Program shall be an amount equal to the balance of credits in the member’s Defined Benefit Supplement account on the date the retirement benefit becomes payable. (

b) A retirement benefit shall be a lump-sum payment, or an annuity payable in monthly installments, or a combination of both a lump-sum payment and an annuity, as elected by the member on the application for a retirement benefit. Any retirement benefit paid as an annuity under this

chapter shall be subject to

Section or 25011.1. (

c) If a member elects to change their retirement annuity from the Defined Benefit Supplement Program to a lump-sum payment pursuant to subdivision (

c) of

Section 24204, all of the following shall apply:

(1) Payment of the annuity based on the balance of credits that was transferred from the member’s Defined Benefit Supplement account to the Annuitant Reserve shall terminate.

(2) The member’s Defined Benefit Supplement account shall be credited with the balance of credits remaining in the member’s Annuitant Reserve account as of the date the annuity is terminated, and the Annuitant Reserve shall be reduced by the amount credited to the member’s account.

(3) The lump-sum payment based on the remaining balance of credits in the member’s Defined Benefit Supplement account at the time of the lump-sum payment shall become payable pursuant to this section, and no additional interest shall be issued.

(4) The election is irrevocable. (

d) Upon distribution of the entire retirement benefit in a lump-sum payment, no other benefit shall be payable to the member or the member’s beneficiary under the Defined Benefit Supplement Program. (

e) A member may not apply a lump-sum payment made to the member pursuant to this

section for any of the following purposes:

(1) Purchasing service credit pursuant to

Chapter 14 (commencing with

Section 22800),

Chapter 14.2 (commencing with

Section 22820), or

Chapter 14.5 (commencing with

Section 22850).

(2) Redepositing previously refunded retirement contributions pursuant to

Chapter 19 (commencing with

Section 23200).

SEC. 13.

Section of the Education Code is amended to read: 26004. Notwithstanding any other provision of law: (

a) The benefits payable to any participant or beneficiary under this part shall be subject to the limitations imposed by

Section of Title of the United States Code. (

b) The amount of compensation that is taken into account in computing benefits under this part for a plan year shall not exceed the annual compensation limit applicable to that plan year in accordance with

Section 401(a)(17) of Title of the United States Code as that

section read on the effective date of this

section and as that

section may be amended after that date. The determination of compensation for a 12-month period shall be subject to the annual compensation limit in effect for the calendar year in which the 12-month period begins. In a determination of average compensation over more than one 12-month period, the amount of compensation taken into account for each 12-month period shall be subject to the respective annual compensation limit applicable to that period. (

c) Distributions from the plan under this part shall be made in accordance with

Section 401(a)(9) of Title of the United States Code, including the incidental death benefit requirements of

Section 401(a)(9)(

G) and the regulations thereunder. The required beginning date of benefit payments that represent the entire interest of the participant shall be as follows:

(1) In the case of a lump-sum distribution of a retirement benefit, disability benefit, or termination benefit, the lump-sum payment shall be made not later than April of the calendar year following the later of (

A) the calendar year in which the participant attains the age at which the Internal Revenue Code of requires a distribution of benefits or (

B) the calendar year in which the participant terminates all employment subject to coverage by the plan.

(2) In the case of a retirement benefit or disability benefit that is to be paid in the form of an annuity, payment of the annuity shall begin not later than April of the calendar year following the later of (

A) the calendar year in which the participant attains the age at which the Internal Revenue Code of requires a distribution of benefits or (

B) the calendar year in which the participant terminates employment in all positions subject to coverage by the plan, with the annuity to continue over the life of the participant or the life of the participant and the participant’s option beneficiary, or over a period not to exceed the life expectancy of the participant or the life expectancy of the participant and the participant’s option beneficiary.

(3) In the case of a death benefit, distributions shall commence as follows: (

A) The normal form of the benefit or other lump-sum distribution shall be paid in accordance with

Section 401(a)(9) of Title of the United States Code and the regulations thereunder. (

B) Annuity payments shall commence as follows: (

i) If the spouse is the sole beneficiary, not later than December of the later of the calendar year in which the participant would have attained the age at which the Internal Revenue Code of requires a distribution of benefits or the calendar year following the calendar year of the participant’s death. (ii) If the spouse is not the sole beneficiary, not later than December of the calendar year following the calendar year of the participant’s death. (

d) If a person becomes entitled to a distribution from the plan under this part that constitutes an eligible rollover distribution within the meaning of

Section 401(a)(31) of Title of the United States Code, the person may elect under terms and conditions established by the board to have the distribution or a portion thereof paid directly to a plan that constitutes an eligible retirement plan within the meaning of

Section 401(a)(31), as specified by that person. Upon the exercise of the election by a person with respect to a distribution or a portion thereof, the distribution from the plan of the amount so designated, once distributable under the terms of the plan, shall be made in the form of a direct rollover to the eligible retirement plan so specified. (

e) The amount of any benefit from the plan under this part that is determined on the basis of actuarial assumptions shall be based on actuarial assumptions adopted by the board pursuant to

Section as a plan amendment with respect to the Cash Balance Benefit Program and those assumptions shall preclude employer discretion and comply with

Section 401(a)(25) of Title of the United States Code. (

f) This

section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.

SEC. 14.

Section is added to the Education Code , to read: 26004. Notwithstanding any other provision of law: (

a) The benefits payable to any participant or beneficiary under this part shall be subject to the limitations imposed by

Section of Title of the United States Code. (

b) The amount of compensation that is taken into account in computing benefits under this part for a plan year shall not exceed the following limitations:

(1) The annual compensation limit applicable to that plan year in accordance with

Section 401(a)(17) of Title of the United States Code as that

section read on the effective date of this

section and as that

section may be amended after that date. The determination of compensation for a 12-month period shall be subject to the annual compensation limit in effect for the calendar year in which the 12-month period begins. In a determination of average compensation over more than one 12-month period, the amount of compensation taken into account for each 12-month period shall be subject to the respective annual compensation limit applicable to that period.

(2) For a participant subject to the California Public Employees’ Pension Reform Act of 2013: (A) (

i) One hundred twenty percent of the “contribution and benefit base,” as determined under

Section 430(

b) of the Social Security Act (42 U.S.C.

Sec. 430(b)), on January 1, 2013, for a participant whose service is not included in the federal system. (ii) One hundred percent of the “contribution and benefit base,” as determined under

Section 430(

b) of the Social Security Act (42 U.S.C.

Sec. 430(b)), on January 1, 2013, for a participant whose service is included in the federal system pursuant to any changes in state or federal law enacted on or after January 1, 2013. (

B) The system shall adjust the limit based on the annual changes to the Consumer Price Index for All Urban Consumers: U.S. City Average, calculated by dividing the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February in the fiscal year preceding the adjustment by the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February of the previous year rounded to the nearest thousandth. Notwithstanding paragraph (1) of subdivision (

d) of

Section 7522.10 of the Government Code, the adjustment shall be effective annually on July 1, beginning July 1, 2014. (

C) The Legislature reserves the right to modify the requirements of this paragraph with regard to all participants subject to this subdivision, except that the Legislature shall not modify these provisions in a manner that would result in a decrease in benefits accrued before the operative date of the modification. (

c) Distributions from the plan under this part shall be made in accordance with

Section 401(a)(9) of Title of the United States Code, including the incidental death benefit requirements of

Section 401(a)(9)(

G) and the regulations thereunder. The required beginning date of benefit payments that represent the entire interest of the participant shall be as follows:

(1) In the case of a lump-sum distribution of a retirement benefit, disability benefit, or termination benefit, the lump-sum payment shall be made not later than April of the calendar year following the later of (

A) the calendar year in which the participant attains the age at which the Internal Revenue Code of requires a distribution of benefits or (

B) the calendar year in which the participant terminates all employment subject to coverage by the plan.

(2) In the case of a retirement benefit or disability benefit that is to be paid in the form of an annuity, payment of the annuity shall begin not later than April of the calendar year following the later of (

A) the calendar year in which the participant attains the age at which the Internal Revenue Code of requires a distribution of benefits or (

B) the calendar year in which the participant terminates employment in all positions subject to coverage by the plan, with the annuity to continue over the life of the participant or the life of the participant and the participant’s option beneficiary, or over a period not to exceed the life expectancy of the participant or the life expectancy of the participant and the participant’s option beneficiary.

(3) In the case of a death benefit, distributions shall commence as follows: (

A) The normal form of the benefit or other lump-sum distribution shall be paid in accordance with

Section 401(a)(9) of Title of the United States Code and the regulations thereunder. (

B) Annuity payments shall commence as follows: (

i) If the spouse is the sole beneficiary, not later than December of the later of the calendar year in which the participant would have attained the age at which the Internal Revenue Code of requires a distribution of benefits or the calendar year following the calendar year of the participant’s death. (ii) If the spouse is not the sole beneficiary, not later than December of the calendar year following the calendar year of the participant’s death. (

d) If a person becomes entitled to a distribution from the plan under this part that constitutes an eligible rollover distribution within the meaning of

Section 401(a)(31) of Title of the United States Code, the person may elect under terms and conditions established by the board to have the distribution or a portion thereof paid directly to a plan that constitutes an eligible retirement plan within the meaning of

Section 401(a)(31), as specified by that person. Upon the exercise of the election by a person with respect to a distribution or a portion thereof, the distribution from the plan of the amount so designated, once distributable under the terms of the plan, shall be made in the form of a direct rollover to the eligible retirement plan so specified. (

e) The amount of any benefit from the plan under this part that is determined on the basis of actuarial assumptions shall be based on actuarial assumptions adopted by the board pursuant to

Section as a plan amendment with respect to the Cash Balance Benefit Program and those assumptions shall preclude employer discretion and comply with

Section 401(a)(25) of Title of the United States Code. (

f) This

section shall become operative on July 1, 2027.

SEC. 15.

Section of the Education Code is amended to read: 26113. (a) “Creditable service” means any of the activities described in subdivision (

b) performed for any of the following employers:

(1) A prekindergarten through grade employer in a position with certification qualifications authorized by the Commission on Teacher Credentialing pursuant to

Section 44001.

(2) A community college employer by a faculty member, as defined in

Section 87003, in an academic position, as defined in subdivision (

b) of

Section 87001, or by an educational administrator, as defined in subdivision (

b) of

Section 87002, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to

Section 87356, or pursuant to a contract between a community college district and the United States Department of Defense to provide vocational training.

(3) A charter school employer under the provisions of an approved charter for the operation of a charter school for which the charter school is eligible to receive state apportionment. (

b) The types of activities are any of the following:

(1) The work of teachers, instructors, district interns, and academic employees employed in the instructional program for pupils, including special programs such as adult education, regional occupational programs, childcare centers, and prekindergarten programs pursuant to

Section 22161.

(2) Education or vocational counseling, guidance, and placement services.

(3) The work of employees who plan courses of study to be used in California public schools, or research connected with the evaluation or efficiency of the instructional program.

(4) The selection, collection, preparation, classification, demonstration, or evaluation of instructional materials of any course of study for use in the development of the instructional program in California public schools, or other services related to California public school curriculum.

(5) The examination, selection, in-service training, mentoring, or assignment of teachers, principals, or other similar personnel involved in the instructional program.

(6) The work of nurses, physicians, speech therapists, psychologists, audiologists, and other California public school health professionals.

(7) Services as a California public school librarian.

(8) Activities connected with the enforcement of the laws relating to compulsory education, coordination of child welfare activities involving the school and the home, and the school adjustment of pupils.

(9) The work of employees who are responsible for the supervision of persons or administration of the duties described in this subdivision. (c) “Creditable service” also means any of the activities described in subdivision (

b) when they are performed for an employer by:

(1) Superintendents of California public schools, and presidents and chancellors of community college employers.

(2) Consulting teachers employed by an employer to participate in the California Peer Assistance and Review Program for Teachers pursuant to

Article 4.5 (commencing with

Section 44500) of

Chapter of Part of Division of Title 2.

(3) Audiometrists who hold a certificate of registration issued by the State Department of Health Care Services. (d) “Creditable service” also means the performance of California public school activities related to, and an outgrowth of, the instructional and guidance program of the California public school when performed for the same employer for which the member is performing any of the activities described in subdivision (

b) or (c). (e) “Creditable service” also means trustee service as defined in

Section 26144.5, if eligible pursuant to

Section 26403. (

f) The board shall have final authority for determining creditable service to cover activities not already specified. (

g) This

section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.

SEC. 16.

Section is added to the Education Code , to read: 26113. (a) “Creditable service” means service in a position subject to membership as defined in

Section 22156.07. (b) “Creditable service” also means trustee service as defined in

Section 26144.5, if eligible pursuant to

Section 26403. (

c) This

section shall become operative on July 1, 2027.

SEC.

Section 26135.7 of the Education Code is amended to read: 26135.7. (a) “Retired participant activities” means one or more activities identified in subdivision (b), (c), or (

d) of

Section 22119.5 or (b), (c), or (

d) of

Section within the California public school system and performed by a participant retired for service 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 the definition of “retired participant activities” if all of the following conditions apply:

(1) The employee performs an assignment of months or less.

(2) The third-party employer does not participate in a California public pension system.

(3) The activities performed by the individual are not normally performed by employees of an employer, as defined in

Section 22131. (

c) This

section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.

SEC.

Section 26135.7 is added to the Education Code , to read: 26135.7. (a) “Retired participant activities” means all service performed within the California public school system by a participant retired for service under this part when the participant is employed 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) Service performed by an employee of a third party shall not be included in the definition of “retired participant activities” if all of the following conditions apply:

(1) The employee performs an assignment of months or less.

(2) The third-party employer does not participate in a California public pension system.

(3) The activities performed by the individual are not normally performed by employees of an employer, as defined in

Section 22131. (

c) This

section shall become operative on July 1, 2027.

SEC. 19.

Section of the Education Code is amended to read: 26139. (a) “Salary” means remuneration paid in cash by an employer to a participant for creditable service performed in that position subject to coverage under the Cash Balance Benefit Program. Salary shall include:

(1) Money paid in accordance with a publicly available written contractual agreement, including, but not limited to, a salary schedule, based on years of training and years of experience as specified in

Section for creditable service performed.

(2) For participants not paid according to a salary schedule, money paid for creditable service performed in accordance with a publicly available written contractual agreement, including, but not limited to, a collective bargaining agreement or an employment agreement.

(3) Money paid for the participant’s absence from performance of creditable service as approved by an employer, except as provided in paragraph (5) of subdivision (b).

(4) Employee contributions picked up by an employer pursuant to

Section 26502.

(5) Amounts deducted by an employer from the participant’s salary, including, but not limited to, deductions for participation in a deferred compensation plan; deductions for the purchase of an annuity contract, tax-deferred retirement plan, or other insurance program; and deductions for participation in a plan that meets the requirements of

Section 125, 401(a), 401(k), 403(b), 457(b), or 457(

f) of Title of the United States Code.

(6) Money paid by an employer in addition to salary paid under paragraph (1) or (2) if paid to all employees in a class in the same dollar amount, the same percentage of salary, or the same percentage of the amount being distributed.

(7) Any other payments the board determines by plan amendment to be “salary.” (b) “Salary” does not mean and shall not include:

(1) Money paid for service that is not creditable service.

(2) Money paid by an employer in addition to salary paid under paragraph (1) or (2) if not paid to all employees in a class in the same dollar amount, the same percentage of salary, or the same percentage of the amount being distributed.

(3) Fringe benefits provided by an employer.

(4) Expenses paid or reimbursed by an employer.

(5) Money paid in exchange for the relinquishment of unused accumulated leave.

(6) Severance pay, including lump-sum and installment payments, or money paid in excess of salary or wages to a participant as compensatory damages or as a compromise settlement.

(7) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement program, or other insurance program; and for participation in a plan that meets the requirements of

Section 125, 401(a), 401(k), 403(b), 457(b), or 457(

f) of Title of the United States Code that are purchased by an employer for a participant.

(8) Any payments determined by the system to have been made by an employer to enhance a participant’s benefits.

(9) Any other payments the board determines by plan amendment not to be “salary.” (

c) Any employer or person who knowingly or willfully reports salary in a manner inconsistent with the provisions of subdivisions (

a) or (

b) may be subject to prosecution for fraud, theft, or embezzlement in accordance with provisions of the Penal Code. The system may establish procedures to ensure that salary reported by an employer is in compliance with this section. (

d) For purposes of this section, remuneration shall be considered paid if distributed to any person in the same class of employees who meets the qualifications or requirements specified in a publicly available written contractual agreement, including, but not limited to, a collective bargaining agreement or an employment agreement, as a condition of receiving the remuneration. (

e) This

section shall be deemed to have become operative on July 1, 1996. (

f) This

section shall not apply to a participant subject to the California Public Employees’ Pension Reform Act of 2013. (

g) This

section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.

SEC. 20.

Section is added to the Education Code , to read: 26139. (a) “Salary” means remuneration paid in cash by an employer to a participant who performs creditable service in a position subject to coverage under the Cash Balance Benefit Program. Salary shall include any compensation except that which is specified in subdivision (

c) of

Section 22119.3. (

b) Salary in any fiscal year shall not exceed the limits described in subdivision (

b) of

Section 26004. (

c) Any employer or person who knowingly or willfully reports salary in a manner inconsistent with the provisions of subdivisions (

a) or (

b) may be subject to prosecution for fraud, theft, or embezzlement in accordance with provisions of the Penal Code. The system may establish procedures to ensure that salary reported by an employer is in compliance with this section. (

d) This

section shall become operative on July 1, 2027.

SEC.

Section 26139.5 of the Education Code is amended to read: 26139.5. (a) “Salary,” for participants subject to the California Public Employees’ Pension Reform Act of 2013, means remuneration paid each pay period in cash by an employer to a participant for creditable service performed in that position subject to coverage under the Cash Balance Benefit Program in accordance with a publicly available written contractual agreement, including, but not limited to, a salary

schedule or employment agreement, based on years of training and years of experience as specified in

Section 45028. Salary shall include:

(1) Money paid for the participant’s absence from performance of creditable service as approved by an employer, except as provided in paragraph (5) of subdivision (b).

(2) Employee contributions picked up by an employer pursuant to

Section 26502.

(3) Amounts deducted by an employer from the participant’s salary, including, but not limited to, deductions for participation in a deferred compensation plan; deductions for the purchase of an annuity contract, tax-deferred retirement plan, or other insurance program; and deductions for participation in a plan that meets the requirements of

Section 125, 401(a), 401(k), 403(b), 457(b), or 457(

f) of Title of the United States Code.

(4) Any other payments the board determines by plan amendment to be “salary.” (b) “Salary” does not mean and shall not include:

(1) Money paid for service that is not creditable service.

(2) Money not paid each pay period in which creditable service is performed for that position.

(3) Fringe benefits provided by an employer.

(4) Expenses paid or reimbursed by an employer.

(5) Money paid in exchange for the relinquishment of unused accumulated leave.

(6) Severance pay, including lump-sum and installment payments, or money paid in excess of salary to a participant as compensatory damages or as a compromise settlement.

(7) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement program, or other insurance program; and for participation in a plan that meets the requirements of

Section 125, 401(a), 401(k), 403(b), 457(b), or 457(

f) of Title of the United States Code that are purchased by an employer for a participant.

(8) Any payments determined by the system to have been made by an employer to enhance a participant’s benefits under the plan.

(9) Money paid to the participant in lieu of benefits provided to the participant by the employer or paid directly by the employer to a third party other than the system for the benefit of the participant.

(10) Any one-time or ad hoc payments made to a participant.

(11) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniform.

(12) Any bonus paid in addition to compensation described in subdivision (a).

(13) Any other payments the board determines by plan amendment not to be “salary.” (c)

(1) Salary in any fiscal year shall not exceed: (

A) One hundred twenty percent of the “contribution and benefit base,” as determined under

Section 430(

b) of the Social Security Act (42 U.S.C.

Sec. 430(b)), on January 1, 2013, for a participant whose service is not included in the federal system. (

B) One hundred percent of the “contribution and benefit base,” as determined under

Section 430(

b) of the Social Security Act (42 U.S.C.

Sec. 430(b)), on January 1, 2013, for a participant whose service is included in the federal system pursuant to any changes in state or federal law enacted on or after January 1, 2013.

(2) The system shall adjust the limit based on the annual changes to the Consumer Price Index for All Urban Consumers: U.S. City Average, calculated by dividing the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February in the fiscal year preceding the adjustment by the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February of the previous year rounded to the nearest thousandth. Notwithstanding paragraph (1) of subdivision (

d) of

Section 7522.10 of the Government Code, the adjustment shall be effective annually on July 1, beginning July 1, 2014.

(3) The Legislature reserves the right to modify the requirements of this subdivision with regard to all participants subject to this subdivision, except that the Legislature may not modify these provisions in a manner that would result in a decrease in benefits accrued prior to the effective date of the modification. (

d) Any employer or person who knowingly or willfully reports salary in a manner inconsistent with the provisions of subdivisions (

a) or (

b) may be subject to prosecution for fraud, theft, or embezzlement in accordance with provisions of the Penal Code. The system may establish procedures to ensure that salary reported by an employer is in compliance with this section. (

e) For purposes of this section, remuneration shall be considered paid if distributed to any person in the same class of employees who meets the qualifications or requirements specified in a publicly available written contractual agreement, including, but not limited to, a collective bargaining agreement or an employment agreement, as a condition of receiving the remuneration. (

f) This

section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.

SEC.

Section 26139.5 is added to the Education Code , to read: 26139.5. (a) “Service” means work performed for compensation, except as otherwise specifically provided in this part. (

b) This

section shall become operative on July 1, 2027.

SEC. 23.

Section of the Education Code is amended to read: 26300. (

a) Within working days following the later of the first day of employment, the date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, or the effective date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, the employer shall make available to the employee the following information:

(1) The employee’s rights and responsibilities as a participant in the program, the employer’s responsibilities under the program, and the benefits payable under the program.

(2) The employee’s right to elect membership in the Defined Benefit Program in lieu of participation in the Cash Balance Benefit Program, the rights and responsibilities of a member and the employer under the Defined Benefit Program, and benefits payable under the Defined Benefit Program. (

b) Written acknowledgment by the employee that they have received the information specified in subdivision (

a) shall be retained in the employer’s files on a form prescribed by the system. (

c) If an employer’s governing board’s action to provide the Cash Balance Benefit Program gives employees the right to elect other coverage in lieu of the Cash Balance Benefit Program pursuant to

Section 26400, the employer shall, within working days following the later of the first day of employment, the date of the employer’s governing board’s action to provide the program or the effective date of the employer’s governing board’s action to provide the program, notify existing employees of the following:

(1) The employee’s right to elect other coverage if offered by the employer in lieu of participation in the Cash Balance Benefit Program.

(2) The rights and responsibilities of the employer and a participant in an alternative retirement plan if offered by the employer.

(3) The benefits payable under an alternative retirement plan if offered by the employer.

SEC. 24.

Section of the Education Code is amended to read: 26606. Any additional earnings credit declared shall be determined as a specified percentage increase in the closing balance of each employee account and employer account with respect to the Cash Balance Benefit Program measured as of the last day of the plan year. The additional earnings credit shall be credited to employee account and employer account balances as of the date the board declares the additional earnings credit is to be applied.

SEC. 25.

Section of the Government Code is amended to read: 20405. (a) “State safety member” shall also include officers and employees of the Department of Corrections and Rehabilitation or the California Correctional Health Care Services in the following classifications: Classification</xhtml:p>"?> Classification Code Classification Title Assistant Dairy Operator 2156</xhtml:p>"?> Assistant Food Manager (Correctional Facility)</xhtml:p>"?> 4302</xhtml:p>"?> Assistant General Manager, Operations</xhtml:p>"?> 2080</xhtml:p>"?> Assistant Seamer (Correctional Facility)</xhtml:p>"?> 5447</xhtml:p>"?> Assistant Warden, Psychiatric Services, <xhtml:br/> Correctional Facility</xhtml:p>"?> 6868 Automobile Mechanic (Correctional Facility) 6394 Automotive Equipment Operator I (Correctional Facility) 6392</xhtml:p>"?> Automotive Equipment Operator II (Correctional <xhtml:br/>Facility)</xhtml:p>"?> 6893</xhtml:p>"?> Automotive Pool Manager I (Correctional Facility)</xhtml:p>"?> 2224</xhtml:p>"?> Baker I (Correctional Facility)</xhtml:p>"?> 2221</xhtml:p>"?> Baker II (Correctional Facility)</xhtml:p>"?> 2086 Barber (Correctional Facility) 2084</xhtml:p>"?> Barbershop Manager (Correctional Facility)</xhtml:p>"?> 6216 Building Maintenance Worker (Correctional Facility) 2245</xhtml:p>"?> Butcher–Meat Cutter II (Correctional Facility)</xhtml:p>"?> 6483</xhtml:p>"?> Carpenter I (Correctional Facility)</xhtml:p>"?> 6474 Carpenter II (Correctional Facility) 6471 Carpenter III (Correctional Facility) 9911 Casework Specialist, Youth Authority 2015</xhtml:p>"?> Chief Assistant General Manager, Prison Industries</xhtml:p>"?> 4110 Chief, Day Labor Program, Correctional Facility Chief Dentist, Correctional Facility 2578</xhtml:p>"?> Chief Deputy, Clinical Services, Correctional <xhtml:br/> Facility</xhtml:p>"?> 6699 Chief Engineer I (Correctional Facility) 7547 Chief Medical Officer, Correctional Facility 6754</xhtml:p>"?> Chief of Plant Operation I (Correctional Facility)</xhtml:p>"?> 6751 Chief of Plant Operation II (Correctional Facility) 6748 Chief of Plant Operation III (Correctional Facility) 9267 Chief Physician and Surgeon, Correctional Facility 7612</xhtml:p>"?> Chief Psychiatrist, Correctional Facility</xhtml:p>"?> 9859 Chief Psychologist, Correctional Facility 7146</xhtml:p>"?> Chief, Quality Assurance, Prison Industries</xhtml:p>"?> 9279</xhtml:p>"?> Clinical Dietician, Correctional Facility</xhtml:p>"?> 9293 Clinical Laboratory Technologist, Correctional Facility 4132</xhtml:p>"?> Construction Supervisor (Correctional Facility)</xhtml:p>"?> 4107 Construction Supervisor I (Correctional Facility) 4108 Construction Supervisor II (Correctional Facility) 4109 Construction Supervisor III (Correctional Facility) 2187</xhtml:p>"?> Cook I (Correctional Facility)</xhtml:p>"?> 2186 Cook Specialist II (Correctional Facility) 7208 Correctional Business Manager I, Department of Corrections Correctional Business Manager II, Department of Corrections Correctional Health Services Administrator I, Correctional Facility Correctional Health Services Administrator II, Correctional Facility Correctional Plant Manager I, Department of Corrections Correctional Plant Manager II, Department of Corrections Correctional Plant Supervisor, Department of Corrections Correctional Supervising Cook (Correctional Facility) 9296 Dental Assistant, Correctional Facility Dental Hygienist, Correctional Facility Dental Laboratory Technician, Correctional Facility Dentist, Correctional Facility 7200</xhtml:p>"?> Dry Cleaning Plant Supervisor</xhtml:p>"?> 6544</xhtml:p>"?> Electrician I (Correctional Facility)</xhtml:p>"?> 6538 Electrician II (Correctional Facility) 6534 Electrician III (Correctional Facility) 6916 Electronics Technician (Correctional Facility) 6865 Equipment Maintenance Supervisor (Correctional Facility) 2153 Food Administrator I (Correctional Facility) 2147 Food Administrator II (Correctional Facility) 2150</xhtml:p>"?> Food Manager (Correctional Facility)</xhtml:p>"?> 2196</xhtml:p>"?> Food Service Worker I (Correctional Facility)</xhtml:p>"?> 2195</xhtml:p>"?> Food Service Worker II (Correctional Facility)</xhtml:p>"?> 6955</xhtml:p>"?> Fusion Welder (Correctional Facility)</xhtml:p>"?> 6628</xhtml:p>"?> Glazier (Correctional Facility)</xhtml:p>"?> 0743 Groundskeeper (Correctional Facility) 6826 Heavy Equipment Mechanic (Correctional Facility) 6379 Heavy Truck Driver (Correctional Facility) 9307</xhtml:p>"?> Hospital Aid, Correctional Facility</xhtml:p>"?> 7218 Industrial Supervisor, Prison Industries (Bindery) 0648 Industrial Supervisor, Prison Industries (Crop Farm) 0682 Industrial Supervisor, Prison Industries (Dairy) 7204 Industrial Supervisor, Prison Industries (Dental Laboratory) 7198 Industrial Supervisor, Prison Industries (Fabric Products) 7211</xhtml:p>"?> Industrial Supervisor, Prison Industries (Knit <xhtml:br/>Goods Finishing)</xhtml:p>"?> 7210 Industrial Supervisor, Prison Industries (Knitting Mill) 2109 Industrial Supervisor, Prison Industries (Laundry) 7215 Industrial Supervisor, Prison Industries (Maintenance and Repair) 7197 Industrial Supervisor, Prison Industries (Mattress and Bedding) 7191 Industrial Supervisor, Prison Industries (Metal Fabrication) 7216 Industrial Supervisor, Prison Industries (Printing) 7207 Industrial Supervisor, Prison Industries (Shoe Manufacturing) 7206</xhtml:p>"?> Industrial Supervisor, Prison Industries (Shoes <xhtml:br/> and Boots, Lasting to Packing)</xhtml:p>"?> 7321</xhtml:p>"?> Industrial Supervisor, Prison Industries <xhtml:br/>(Silkscreen)</xhtml:p>"?> 7192 Industrial Supervisor, Prison Industries (Tool and Die) 7179 Industrial Supervisor, Prison Industries (Upholstery) 7178 Industrial Supervisor, Prison Industries (Wood Products) 2006</xhtml:p>"?> Janitor (Correctional Facility)</xhtml:p>"?> 2005</xhtml:p>"?> Janitor Supervisor I (Correctional Facility)</xhtml:p>"?> 2004</xhtml:p>"?> Janitor Supervisor II (Correctional Facility)</xhtml:p>"?> 2000</xhtml:p>"?> Janitor Supervisor III (Correctional Facility)</xhtml:p>"?> 9265 Laboratory Assistant, Correctional Facility Language, Speech and Hearing Specialist 2114</xhtml:p>"?> Laundry Supervisor I (Correctional Facility)</xhtml:p>"?> 2111 Laundry Supervisor II (Correctional Facility) 2117</xhtml:p>"?> Laundry Worker (Correctional Facility)</xhtml:p>"?> 6867</xhtml:p>"?> Lead Automobile Mechanic (Correctional Facility)</xhtml:p>"?> 0720 Lead Groundskeeper (Correctional Facility) 0718 Lead Groundskeeper I (Correctional Facility) 2952 Librarian (Correctional Facility) 6643 Locksmith I (Correctional Facility) 6801</xhtml:p>"?> Machinist (Correctional Facility)</xhtml:p>"?> 6941 Maintenance Mechanic (Correctional Facility) 6617</xhtml:p>"?> Mason (Correctional Facility)</xhtml:p>"?> 1508 Materials and Stores Supervisor I (Correctional Facility) 1505 Materials and Stores Supervisor II (Correctional Facility) 8217</xhtml:p>"?> Medical Technical Assistant, Correctional<xhtml:br/> Facility</xhtml:p>"?> 9273</xhtml:p>"?> Nurse Anesthetist, Correctional<xhtml:br/> Facility</xhtml:p>"?> 9353 Nurse Instructor, Correctional Facility Nurse Practitioner, Correctional Facility Occupational Therapist, Correctional Facility Optometrist, Correctional Facility 6528</xhtml:p>"?> Painter I (Correctional Facility)</xhtml:p>"?> 6524 Painter II (Correctional Facility) 6521 Painter III (Correctional Facility) 7199 Pest Control Technician (Correctional Facility) 9281 Physical Therapist I, Correctional Facility 9342</xhtml:p>"?> Physical Therapist II, Correctional Facility</xhtml:p>"?> 9269 Physician and Surgeon, Correctional Facility 6550</xhtml:p>"?> Plumber I (Correctional Facility)</xhtml:p>"?> 6594 Plumber II (Correctional Facility) 6545 Plumber III (Correctional Facility) 7972</xhtml:p>"?> Podiatrist (Correctional Facility)</xhtml:p>"?> 1575 Prison Canteen Manager I Prison Canteen Manager II Prison Industries Administrator Prison Industries Manager (General) 7164</xhtml:p>"?> Prison Industries Manager (Metal Products)</xhtml:p>"?> 7165</xhtml:p>"?> Prison Industries Manager (Textile Products)</xhtml:p>"?> 7163</xhtml:p>"?> Prison Industries Manager (Wood Products)</xhtml:p>"?> 0679 Prison Industries Superintendent I (Agriculture) 0617 Prison Industries Superintendent II (Agriculture) 7217 Prison Industries Superintendent II (Bindery) 7109</xhtml:p>"?> Prison Industries Superintendent I (Coffee <xhtml:br/> Roasting and Grinding)</xhtml:p>"?> 7203</xhtml:p>"?> Prison Industries Superintendent I (Dental <xhtml:br/> Laboratory)</xhtml:p>"?> 7202 Prison Industries Superintendent II (Dental Laboratory) 7170 Prison Industries Superintendent II (Detergent) 7350 Prison Industries Superintendent I (Egg Production) 7194 Prison Industries Superintendent I (Fabric Products) 7195 Prison Industries Superintendent II (Fabric Products) 7351</xhtml:p>"?> Prison Industries Superintendent I (Fiberglass <xhtml:br/>Products)</xhtml:p>"?> 7352</xhtml:p>"?> Prison Industries Superintendent I (Furniture <xhtml:br/> Refurbishing)</xhtml:p>"?> 7209 Prison Industries Superintendent II (Knitting Mill) 2108 Prison Industries Superintendent II (Laundry) 7154 Prison Industries Superintendent II (Maintenance and Repair) 7196 Prison Industries Superintendent II (Mattress and Bedding) 7189 Prison Industries Superintendent I (Metal Products) 7190 Prison Industries Superintendent II (Metal Products) 7214 Prison Industries Superintendent II (Printing) 7205 Prison Industries Superintendent II (Shoe Manufacturing) 7320</xhtml:p>"?> Prison Industries Superintendent I (Silkscreen)</xhtml:p>"?> 7319</xhtml:p>"?> Prison Industries Superintendent II (Silkscreen)</xhtml:p>"?> 7175 Prison Industries Superintendent I (Wood Products) 7172 Prison Industries Superintendent II (Wood Products) 4760</xhtml:p>"?> Procurement and Services Officer I (Correctional <xhtml:br/>Facility)</xhtml:p>"?> 4761 Procurement and Services Officer II (Correctional Facility) 7162 Product Engineering Technician, Prison Industries 7156</xhtml:p>"?> Production Manager I, Prison Industries</xhtml:p>"?> 1793 Property Controller I (Correctional Facility) 1794 Property Controller II (Correctional Facility) 9282</xhtml:p>"?> Psychiatric Social Worker, Correctional Facility</xhtml:p>"?> 9283</xhtml:p>"?> Psychologist–Clinical, Correctional<xhtml:br/> Facility</xhtml:p>"?> 9284</xhtml:p>"?> Psychology Associate, Correctional Facility</xhtml:p>"?> 9354</xhtml:p>"?> Psychology Internship Director, Correctional <xhtml:br/> Facility</xhtml:p>"?> 9285</xhtml:p>"?> Psychometrist, Correctional Facility</xhtml:p>"?> 9274 Public Health Nurse I, Correctional Facility Public Health Nurse II, Correctional Facility 7145</xhtml:p>"?> Quality Assurance Manager, Prison Industries</xhtml:p>"?> 3080 Quality Control Technician, Prison Industries (Cleaning Products) 9315 Radiologic Technologist, Correctional Facility Recreation Therapist, Correctional Facility 6715</xhtml:p>"?> Refrigeration Engineer (Correctional Facility)</xhtml:p>"?> 9279 Registered Dietitian, Correctional Facility Registered Nurse, Correctional Facility Resource Specialist, Special Education Respiratory Care Practitioner, Correctional Facility School Psychologist 2077</xhtml:p>"?> Seamer (Correctional Facility)</xhtml:p>"?> 9348 Senior Clinical Laboratory Technologist, Correctional Facility Senior Laboratory Assistant, Correctional Facility Senior Librarian (Correctional Facility) 8215</xhtml:p>"?> Senior Medical Technical Assistant</xhtml:p>"?> 9346 Senior Occupational Therapist, Correctional Facility 9270</xhtml:p>"?> Senior Psychiatrist, Correctional Facility <xhtml:br/>(Specialist)</xhtml:p>"?> 9271</xhtml:p>"?> Senior Psychiatrist, Correctional Facility <xhtml:br/>(Supervisor)</xhtml:p>"?> 9289 Senior Psychologist, Correctional Facility Senior Psychologist, Correctional Facility (Specialist) 9288 Senior Psychologist, Correctional Facility (Supervisor) 9350 Senior Radiologic Technologist, Correctional Facility (Specialist) 9351</xhtml:p>"?> Senior Radiologic Technologist, Correctional <xhtml:br/> Facility (Supervisor)</xhtml:p>"?> 7562</xhtml:p>"?> Sheet Metal Worker (Correctional Facility)</xhtml:p>"?> 6211</xhtml:p>"?> Skilled Laborer (Correctional Facility)</xhtml:p>"?> 9911</xhtml:p>"?> Social Worker, Youth Authority</xhtml:p>"?> 9272</xhtml:p>"?> Staff Psychiatrist, Correctional Facility</xhtml:p>"?> 9290</xhtml:p>"?> Staff Psychologist-Clinical, Correctional Facility</xhtml:p>"?> 6713 Stationary Engineer (Correctional Facility) 6718</xhtml:p>"?> Stationary Engineer Apprentice (Four-Year <xhtml:br/> Program) (Correctional Facility)</xhtml:p>"?> 6557</xhtml:p>"?> Steamfitter Supervisor (Correctional Facility)</xhtml:p>"?> 3082 Substitute Academic Teacher (Correctional Facility) 9910 Supervising Casework Specialist I, Youth Authority Supervising Clinical Laboratory Technologist, Correctional Facility 2183</xhtml:p>"?> Supervising Cook I (Correctional Facility)</xhtml:p>"?> 2182</xhtml:p>"?> Supervising Cook II (Correctional Facility)</xhtml:p>"?> 0716 Supervising Groundskeeper II (Correctional Facility) 2044</xhtml:p>"?> Supervising Housekeeper I (Correctional Facility)</xhtml:p>"?> 2940</xhtml:p>"?> Supervising Librarian (Correctional Facility)</xhtml:p>"?> 9276</xhtml:p>"?> Supervising Psychiatric Nurse, Correctional <xhtml:br/> Facility</xhtml:p>"?> 9291 Supervising Psychiatric Social Worker I, Correctional Facility Supervising Psychiatric Social Worker II, Correctional Facility 9317</xhtml:p>"?> Supervising Registered Nurse I, Correctional<xhtml:br/> Facility</xhtml:p>"?> 9318 Supervising Registered Nurse II, Correctional Facility Supervising Registered Nurse III, Correctional Facility 9910</xhtml:p>"?> Supervising Social Worker I, Youth Authority</xhtml:p>"?> 9908</xhtml:p>"?> Supervising Social Worker II, Youth Authority</xhtml:p>"?> 2305 Supervisor of Academic Instruction (Correctional Facility) 6763 Supervisor of Building Trades (Correctional Facility) 2384</xhtml:p>"?> Supervisor of Commercial Diver Training</xhtml:p>"?> 2303 Supervisor of Correctional Education Programs Supervisor of Vocational Instruction 9277</xhtml:p>"?> Surgical Nurse I, Correctional Facility</xhtml:p>"?> 9329</xhtml:p>"?> Surgical Nurse II, Correctional Facility</xhtml:p>"?> 3073</xhtml:p>"?> Teacher (Adaptive Physical Education) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2286</xhtml:p>"?> Teacher (Cerebral Palsied Children) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2287 Teacher (Elementary-Multiple Subjects) (Correctional Facility) 2288 Teacher (Emotionally/Learning Handicapped) (Correctional Facility) 3075 Teacher (English Language Development) (Correctional Facility) 2297</xhtml:p>"?> Teacher (Ethnic Studies) (Correctional Facility)</xhtml:p>"?> 2289</xhtml:p>"?> Teacher (Family Life Education) (Correctional <xhtml:br/>Facility)</xhtml:p>"?> 2373</xhtml:p>"?> Teacher (Hearing Impaired) (Correctional <xhtml:br/> Facility)</xhtml:p>"?> 2284 Teacher (High School-Arts and Crafts) (Correctional Facility) 2285</xhtml:p>"?> Teacher (High School-Business Education) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 3074 Teacher (High School-English/Language Arts) (Correctional Facility) 3076</xhtml:p>"?> Teacher (High School-Foreign Language) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2290 Teacher (High School-General Education) (Correctional Facility) 2291</xhtml:p>"?> Teacher (High School-Home Economics) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 3077 Teacher (High School-Mathematics) (Correctional Facility) 2294</xhtml:p>"?> Teacher (High School-Music) (Correctional <xhtml:br/> Facility)</xhtml:p>"?> 2295 Teacher (High School-Physical Education) (Correctional Facility) 3078 Teacher (High School-Science) (Correctional Facility) 3079 Teacher (High School-Social Science) (Correctional Facility) 2298</xhtml:p>"?> Teacher (Librarian) (Correctional Facility)</xhtml:p>"?> 2292</xhtml:p>"?> Teacher (Children with Intellectual or Developmental Disabilities)<xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2371</xhtml:p>"?> Teacher (Speech Development and Correction) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 6400 Teaching Assistant (Correctional Facility) 7201</xhtml:p>"?> Tobacco Factory Superintendent</xhtml:p>"?> 7560 Tractor Operator-Laborer (Correctional Facility) 6382</xhtml:p>"?> Truck Driver (Correctional Facility)</xhtml:p>"?> 6772 Utility Shops Supervisor (Correctional Facility) 2387</xhtml:p>"?> Vocational Instructor (Airframe Mechanics) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2853</xhtml:p>"?> Vocational Instructor (Animal Husbandry) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2396 Vocational Instructor (Auto Body and Fender Repair) (Correctional Facility) 2398 Vocational Instructor (Auto Mechanics) (Correctional Facility) 2399</xhtml:p>"?> Vocational Instructor (Baking) (Correctional <xhtml:br/> Facility)</xhtml:p>"?> 2400</xhtml:p>"?> Vocational Instructor (Bookbinding) (Correctional <xhtml:br/>Facility)</xhtml:p>"?> 2854 Vocational Instructor (Building Maintenance) (Correctional Facility) 2417 Vocational Instructor (Carpentry) (Correctional Facility) 2419</xhtml:p>"?> Vocational Instructor (Commercial Diver <xhtml:br/> Training) (Correctional Facility)</xhtml:p>"?> 2855 Vocational Instructor (Computer and Related Technologies) (Correctional Facility) 2420 Vocational Instructor (Cosmetology) (Correctional Facility) 2422 Vocational Instructor (Culinary Arts) (Correctional Facility) 2869</xhtml:p>"?> Vocational Instructor (Dental Technology) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2856</xhtml:p>"?> Vocational Instructor (Diesel Mechanics) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2423 Vocational Instructor (Dog Grooming and Handling) (Correctional Facility) 2425</xhtml:p>"?> Vocational Instructor (Drycleaning Works)<xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2857</xhtml:p>"?> Vocational Instructor (Drywall Installer/Taper) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2426 Vocational Instructor (Electrical Work) (Correctional Facility) 2428 Vocational Instructor (Electronics) (Correctional Facility) 2688</xhtml:p>"?> Vocational Instructor (Eyewear Manufacturing) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2429</xhtml:p>"?> Vocational Instructor (Fire Science) (Correctional <xhtml:br/>Facility)</xhtml:p>"?> 2858</xhtml:p>"?> Vocational Instructor (Floor Cover Layer) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2431</xhtml:p>"?> Vocational Instructor (Furniture Refinishing and <xhtml:br/>Repair) (Correctional Facility)</xhtml:p>"?> 2432</xhtml:p>"?> Vocational Instructor (Garment Making) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2433</xhtml:p>"?> Vocational Instructor (Heavy Equipment Repair) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2597</xhtml:p>"?> Vocational Instructor (Household Appliance <xhtml:br/> Repair) (Correctional Facility)</xhtml:p>"?> 2598</xhtml:p>"?> Vocational Instructor (Industrial Arts) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2599</xhtml:p>"?> Vocational Instructor (Instrument Repair) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2600 Vocational Instructor (Janitorial Service) (Correctional Facility) 2601 Vocational Instructor (Landscape Gardening) (Correctional Facility) 2611</xhtml:p>"?> Vocational Instructor (Laundry Work) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2614 Vocational Instructor (Machine Shop Practice) (Correctional Facility) 2615 Vocational Instructor (Masonry) (Correctional Facility) 2619</xhtml:p>"?> Vocational Instructor (Meat Cutting) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2627</xhtml:p>"?> Vocational Instructor (Mechanical Drawing) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2628</xhtml:p>"?> Vocational Instructor (Merchandising) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2630</xhtml:p>"?> Vocational Instructor (Mill and Cabinet Work) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2674</xhtml:p>"?> Vocational Instructor (Office Machine Repair) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2849 Vocational Instructor (Office Services and Related Technologies) (Correctional Facility) 2640</xhtml:p>"?> Vocational Instructor (Offset Printing) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2644 Vocational Instructor (Painting) (Correctional Facility) 2645</xhtml:p>"?> Vocational Instructor (Plastering) (Correctional <xhtml:br/>Facility)</xhtml:p>"?> 2661 Vocational Instructor (Plumbing) (Correctional Facility) 2665</xhtml:p>"?> Vocational Instructor (Powerplant Mechanics) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2666</xhtml:p>"?> Vocational Instructor (Printing) (Correctional <xhtml:br/> Facility)</xhtml:p>"?> 2667</xhtml:p>"?> Vocational Instructor (Radiologic Technology) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2668 Vocational Instructor (Refrigeration and Air-conditioning"?> Air Conditioning Repair) (Correctional Facility) 2850 Vocational Instructor (Roofer) (Correctional Facility) 2669</xhtml:p>"?> Vocational Instructor (Sewing Machine Repair) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2670 Vocational Instructor (Sheet Metal Work) (Correctional Facility) 2671</xhtml:p>"?> Vocational Instructor (Shoemaking) (Correctional <xhtml:br/>Facility)</xhtml:p>"?> 2672</xhtml:p>"?> Vocational Instructor (Silk Screening Process) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2851 Vocational Instructor (Small Engine Repair) (Correctional Facility) 2673 Vocational Instructor (Stockkeeping and Warehousing) (Correctional Facility) 5415</xhtml:p>"?> Vocational Instructor (Telemarketing/Customer <xhtml:br/>Service) (Correctional Facility)</xhtml:p>"?> 2675</xhtml:p>"?> Vocational Instructor (Upholstering) (Correctional <xhtml:br/>Facility)</xhtml:p>"?> 2676</xhtml:p>"?> Vocational Instructor (Vocational Nursing) <xhtml:br/>(Correctional Facility)</xhtml:p>"?> 2677 Vocational Instructor (Welding) (Correctional Facility) 1504 Warehouse Manager I (Correctional Facility) 1502 Warehouse Manager II (Correctional Facility) 6221 Warehouse Worker (Correctional Facility) 6724 Water and Sewage Plant Supervisor (Correctional Facility) 2311</xhtml:p>"?> Youth Authority Teacher</xhtml:p>"?> (

b) In addition, “state safety member” shall also include officers and employees of the Department of Corrections and Rehabilitation in any classification of Vocational Instructor, Industrial Supervisor, Industrial Superintendent, Assistant Industrial Superintendent, or Production Manager II (Prison Industries) that is established on or after January 1, 1984, if the Department of Human Resources and the State Personnel Board approve the inclusion of the classification. (c) “State safety member” shall also include officers and employees in parenthetical specialty classes when the core class has already been expressly included in the state safety membership category if the Department of Human Resources and the State Personnel Board approve the inclusion of the classifications.

The inclusion shall not be effective until notice of the inclusion has been received by the board. (

d) Any of these officers or employees in employment on the operative date of an amendment to this

section and who becomes a state safety member as a result of that amendment, may elect by a writing filed with the board prior to days after notification by the board, to be restored to their previous status as a state industrial member. Upon the filing of the election the member shall cease to be a state safety member, and their rights and obligations shall be restored prospectively and retroactively to the operative date of that amendment.

SEC. 26.

Section of the Government Code is amended to read: 20407. “State safety member” also includes officers and employees with the State Department of State Hospitals, the Department of Corrections and Rehabilitation, and the California Correctional Health Care Services in the following classifications: Classification Code Classification Title Prelicensed Psychiatric Technician (forensic facility)"?> (Safety) 8253 Psychiatric Technician (Safety) 8252 Senior Psychiatric Technician (Safety) 8212 Nurse Practitioner Health Services Specialist 7601"?> “State safety member” also includes an officer or employee of the State Department of State Hospitals at any hospital that is deemed a forensic facility, who either is excluded from the definition of state employee in subdivision (

c) of

Section or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service. An officer or employee may be a state safety member under this paragraph only if the person has responsibility for the direct supervision of state safety personnel specified in the classifications listed in this

section and if the State Personnel Board determines that these officers and employees meet the state safety membership criteria established pursuant to

Section 18717. The Department of Human Resources shall determine which classes meet the above conditions and report its findings to the Public Employees’ Retirement System, whereupon the change in membership categories shall take effect. Any person so designated pursuant to this

section may elect, within days of notification by the board, to remain subject to the miscellaneous service retirement benefit and contribution rate by filing an irrevocable notice of election with the board. A member who so elects shall be subject to the reduced benefit factors specified in

Section or 21354.1, as applicable, only for service also included in the federal system.

SEC. 27.

Section of the Government Code is amended to read: 20408. “State safety member” also includes officers and employees with the State Department of State Hospitals in the following classification: Classification Code Classification Title 2860</xhtml:p>"?> Audio Visual Assistant (Correctional<xhtml:br/><xhtml:span class="EmSpace"/>Facility)</xhtml:p>"?> 2861</xhtml:p>"?> Audio Visual Specialist (Correctional<xhtml:br/><xhtml:span class="EmSpace"/>Facility)</xhtml:p>"?> 8094 Registered Nurse (Safety) “State safety member” also includes an officer or employee of the State Department of State Hospitals who either is excluded from the definition of state employee in subdivision (

c) of

Section 3513, or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service. An officer or employee may be a state safety member under this paragraph only if the person has responsibility for the supervision of state safety personnel specified in the classifications listed in this

section and if the State Personnel Board determines that these officers and employees meet the state safety membership criteria established pursuant to

Section 18717. The Department of Human Resources shall determine which classes meet the above conditions and report its findings to this system, whereupon the change in membership categories shall take effect.

SEC. 28.

Section of the Government Code is amended to read: 20409. (a) “State safety member” shall also include officers and employees of the following departments with the following class titles: Class</xhtml:p>"?> Classification Code Classification Title Department 8330</xhtml:p>"?> Aircraft Pilot, Depart­ment of Justice</xhtml:p>"?> Justice</xhtml:p>"?> 8997 Arson and Bomb Investigator Fire Marshal 9027</xhtml:p>"?> Assistant Chief, Food <xhtml:br/>and Drug Section</xhtml:p>"?> Health Services</xhtml:p>"?> 8609</xhtml:p>"?> Chief, Bureau of <xhtml:br/>Fraudulent Claims, <xhtml:br/>Department of <xhtml:br/> Insurance</xhtml:p>"?> Insurance</xhtml:p>"?> 8610</xhtml:p>"?> Chief, Division of <xhtml:br/> Investigations, <xhtml:br/> Department of <xhtml:br/> Consumer Affairs</xhtml:p>"?> Consumer Affairs</xhtml:p>"?> 8989 Captain Firefighter/Security Officer Veterans Affairs Chief Firefighter/Security Guard"?> Officer Veterans Affairs Chief, Food and Drug Section"?> Branch Health Services 8613</xhtml:p>"?> Chief, Investigation <xhtml:br/>Bureau, Department <xhtml:br/>of Health Services</xhtml:p>"?> Health Services</xhtml:p>"?> 1986</xhtml:p>"?> Chief Museum <xhtml:br/> Security Officer</xhtml:p>"?> Museum of Science and Industry</xhtml:p>"?> 8673 Deputy Division Chief, Alcoholic Beverage Control Alcoholic Beverage Control District Administrator, Alcoholic Beverage Control Alcoholic Beverage Control Firefighter/Security Guard"?> Officer ­Veterans Affairs Division Chief, California State Fire Marshal’s Office Fire Marshal Fire Service Training Specialist III Fire Marshal 9091</xhtml:p>"?> Fire Service Training <xhtml:br/>Supervisor</xhtml:p>"?> Fire Marshal</xhtml:p>"?> 9028 Food and Drug Program Specialist Health Services Food and Drug Regional Administrator Health Services 9042</xhtml:p>"?> Food and Drug <xhtml:br/> Specialist II</xhtml:p>"?> Health Services</xhtml:p>"?> 9039</xhtml:p>"?> Food and Drug <xhtml:br/> Specialist III</xhtml:p>"?> Health Services</xhtml:p>"?> 9036</xhtml:p>"?> Food and Drug <xhtml:br/> Specialist IV</xhtml:p>"?> Health Services</xhtml:p>"?> 9043</xhtml:p>"?> Food and Drug <xhtml:br/> Trainee</xhtml:p>"?> Health Services</xhtml:p>"?> 9007</xhtml:p>"?> Food Technology <xhtml:br/> Specialist</xhtml:p>"?> Health Services</xhtml:p>"?> 1937 Hospital Police Officer Developmental Services, Mental Health, Consumer Affairs Hospital Officer II"?> Police Sergeant Developmental Services, Mental Health, Consumer Affairs Hospital Officer III"?> Police Lieutenant Developmental Services, Mental Health Museum Security Officer Museum of Science and Industry 0891</xhtml:p>"?> Park Safety and <xhtml:br/> Enforcement <xhtml:br/> Supervisor</xhtml:p>"?> Parks and Recreation</xhtml:p>"?> 0890</xhtml:p>"?> Park Safety and <xhtml:br/> Enforcement <xhtml:br/> Specialist</xhtml:p>"?> Parks and Recreation</xhtml:p>"?> 8358</xhtml:p>"?> State Security Officer</xhtml:p>"?> General Services</xhtml:p>"?> 8999</xhtml:p>"?> Chief Arson <xhtml:br/> and Bomb<xhtml:br/> Investigator</xhtml:p>"?> Fire Marshal</xhtml:p>"?> 8989</xhtml:p>"?> Supervising <xhtml:br/> Firefighter/Security <xhtml:br/>Guard</xhtml:p>"?> Veterans Affairs</xhtml:p>"?> 1988</xhtml:p>"?> Supervising Museum <xhtml:br/>Security Officer</xhtml:p>"?> Museum of Science and Industry</xhtml:p>"?> 9036 Supervising Food and Drug Investigator Health Services 8678­ Supervising Investigator, Alcoholic Beverage Control Alcoholic Beverage Control (

b) Any person employed in the classifications described in subdivision (

a) in the department indicated may elect, within days of September 27, 1982, to remain subject to the miscellaneous service retirement benefit by filing an irrevocable notice of election with the board. A member who so elects shall be subject to the reduced benefit factors specified in

Section or 21354.1, as applicable, only for service also included in the federal system. (

c) This

section shall not become applicable to any member included in a classification until a ruling or regulation authorizing the inclusion of persons employed in that classification within the definition of “policeman” or “fireman,” or both, is issued by the federal agency for purposes of

Section 418(d)(5)(

A) of Title of the United States Code.

SEC. 29.

Section of the Government Code is amended to read: 20410. “State safety member” also includes all persons in the Department of Alcoholic Beverage Control, the Board of Parole Hearings, the Department of Consumer Affairs, the Department of Developmental Services, the Department of Health Care Services, the Department of Toxic Substances Control, the California Horse Racing Board, the Department of Industrial Relations, the Department of Insurance, the State Department of State Hospitals, the Department of Motor Vehicles, and the Department of Social Services employed with the class title of Special Investigator (Class Code 8610), and persons in the classes of Supervising Special Investigator I (Class Code 8548) and Special Investigator II (Class Code 8547) who have been designated as peace officers as defined in Sections 830.2 and 830.3 of the Penal Code.

SEC. 30.

Section of the Government Code is repealed. <caml:Num>20411.</caml:Num><caml:LawSectionVersion id="id_F982077A-50F6-4250-9876-1A93DDDA4837"><caml:Content><xhtml:p>“State safety member” also includes members employed in the positions with the classification of Vocational Instructor (Barber Shop Practices) (Correctional Facility) (Class Code 2441).</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection>"?>

SEC.

Section 21023.5 of the Government Code is amended to read: 21023.5. (a) “Public service” for purposes of this

article also means time served, not to exceed three years, as a volunteer in the Peace Corps, AmeriCorps VISTA (Volunteers In Service To America), AmeriCorps, or the California Council on Science and Technology. (

b) This

section shall not apply to any contracting agency nor to the employees of any contracting agency until the agency elects to be subject to this

section by contract or by amendment to its contract made in the manner prescribed for approval of contracts. (

c) Any member electing to receive credit for service under this

section shall make the contributions as specified in Sections and 21052. This

section applies to past and future service in the Peace Corps, AmeriCorps VISTA (Volunteers In Service To America), AmeriCorps, or the California Council on Science and Technology.

SEC. 32.

Section of the Government Code is amended to read: 31520. Except as otherwise delegated to the board of investment and except for the statutory duties of the county treasurer, the management of the retirement system is vested in the board of retirement, consisting of five members, one of whom shall be the county treasurer. The second and third members of the board shall be active members of the association elected by those active members within days after the retirement system becomes operative in a manner determined by the board of supervisors.

The fourth and fifth members shall be qualified electors of the county who are not connected with county government in any capacity, except one may be a supervisor and one may be a retired member, and shall be chosen by the board of supervisors. The first persons chosen as the second and fourth members shall serve for two years from the date the system becomes operative and the third and fifth members shall serve for a term of three years from that date. Thereafter the terms of office of the four elected members are three years. As used in this

section “active member” means a member in county service pursuant to

Section and a “retired member” means a member, including a member under former

Section 31555, retired for service or disability.

SEC.

Section 31520.1 of the Government Code is amended to read: 31520.1. (

a) In any county subject to Articles 6.8 (commencing with

Section 31639) and 7.5 (commencing with

Section 31662.2), the board of retirement shall consist of nine members and one alternate, one of whom shall be the county treasurer. The second and third members of the board shall be active members of the association, other than safety members, elected by those active members within days after the retirement system becomes operative in a manner determined by the board of supervisors.

The fourth, fifth, sixth, and ninth members shall be qualified electors of the county who are not connected with the county government in any capacity, except one may be a supervisor, and shall be appointed by the board of supervisors. A supervisor appointed as a member of the retirement board may not serve beyond their term of office as supervisor. The seventh member shall be a safety active member of the association elected by the safety active members. The eighth member shall be a retired member elected by the retired members of the association in a manner to be determined by the board of supervisors.

The alternate member shall be that candidate, if any, for the seventh member from the group under

Section 31470.2 or 31470.4, or any other eligible safety member in a county if there is no eligible candidate from the groups under Sections 31470.2 and 31470.4, which is not represented by a board member who received the highest number of votes of all candidates in that group, and shall be referred to as the alternate seventh member. If there is no eligible candidate there may not be an alternate seventh member.

The first person chosen as the second and fourth members shall serve for a term of two years beginning with the date the system becomes operative, the third and fifth members shall serve for a term of three years beginning with that date, and the sixth, seventh and alternate seventh members shall serve for a term of two years beginning on the date on which a retirement system established by this

chapter becomes operative. The eighth and ninth members shall take office as soon as practicable for an initial term to expire concurrent with the expiration of the longest remaining term of an elected member. Thereafter, the terms of office of the elected, appointed, and alternate seventh members are three years, except as provided in

Section 31523. (

b) The alternate seventh member provided for by this

section shall vote as a member of the board only if the second, third, seventh, or eighth member is absent from a board meeting for any cause, or if there is a vacancy with respect to the second, third, seventh, or eighth member, the alternate seventh member shall fill the vacancy until a successor qualifies. The alternate seventh member shall sit on the board in place of the seventh member if a member of the same service is before the board for determination of their retirement. (

c) The alternate seventh member shall be entitled to both of the following:

(1) The alternate seventh member shall have the same rights, privileges, responsibilities, and access to closed sessions as the second, third, seventh, and eighth member.

(2) The alternate seventh member may hold positions on committees of the board independent of the second, third, seventh, or eighth member and may participate in the deliberations of the board or any of its committees to which the alternate seventh member has been appointed whether or not the second, third, seventh, or eighth member is present. (

d) As used in this section, “active member” means a member in county service pursuant to

Section and a “retired member” means a member, including a member under former

Section 31555, retired for service or disability.

SEC.

Section 31520.2 of the Government Code is amended to read: 31520.2. (

a) In any county in which the assets of the retirement system exceed eight hundred million dollars ($800,000,000), the board of supervisors may, by resolution, establish a board of investments. The board shall consist of nine members, one of whom shall be the county treasurer. The second and third members shall be general active members of the association elected by the general membership of the association for a three-year term. The fourth member shall be a safety active member elected by the safety membership of the association for a three-year term.

The eighth member shall be a retired member of the association elected by the retired membership of the association for a three-year term. The fifth, sixth, seventh, and ninth members shall be qualified electors o