California 2011-2012 Regular Session Status: Enacted

AB 178 — State teachers' retirement.

Last action — Chaptered by Secretary of State - Chapter 135, Statutes of 2012.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 24, 2011. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Teachers' Retirement Law limits the amount of postretirement compensation that may be earned in specified types of employment by a retired member of the Defined Benefit Program without a reduction in the retirement benefits of the member. That law provides exemptions from this limit and until June 30, 2012, specifies that the limitation provisions do not apply to compensation earned by a member retired for service who has returned to work after retirement and, for at least 12 consecutive months, has not performed specified activities. This bill would extend the operation of that exemption until June 30, 2013. The bill also would exempt from the earnings limitation, until June 30, 2013, compensation paid to a retired member who has returned to work after the date of retirement as a trustee, administrator, or fiscal adviser approved pursuant to specified provisions by the Superintendent of Public Instruction, the Board of Governors of the California Community Colleges, or a county superintendent of schools to address academic or financial weaknesses in a school district. The bill would specify the documentation required for any of those persons exercising that compensation exemption. The bill would additionally exempt from the earnings limitation an employee of a 3rd party which does not participate in a California public pension system if the activities performed by the person are not normally performed by employees of a public employer and it is for a limited-term assignment. The Teachers' Retirement Law limits the amount of compensation for certain creditable service activities by a retired member in one school year to be $22,000 adjusted by the percentage change in the average compensation earnable by active members of the Defined Benefit Program, from the 1998–99 fiscal year to the fiscal year ending in the previous calendar year.The bill would change that limit to be 12 of the median final compensation of all members who retired for service during the fiscal year ending in the previous calendar year. Existing law authorizes a retired member of the State Teachers' Retirement System (STRS) to terminate his or her retirement allowance, reinstate as an active member, and later cancel the termination upon subsequently retiring, as specified. Existing law prescribes the conditions under which a STRS service retirement allowance becomes effective and requires, in this regard, that the effective date be at least one year following the date on which it is terminated pursuant to the above-described provision. This bill would eliminate the one-year waiting period after the termination. The bill would also prohibit a member who terminates his or her retirement allowance pursuant to that provision and retires within one year of reinstatement from electing a different option or different set of beneficiaries than were in effect at the time of the termination. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 135, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5:10 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 5612.).

  5. Assembly Rule 63 suspended. (Page 5594.)

  6. Assembly Rule 77 suspended. (Page 5594.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 3 pursuant to Assembly Rule 77.

  8. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 4282.).

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 7. Noes 0.) (June 28).

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 25). Re-referred to Com. on APPR.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on P.E. & R.

  13. Re-referred to Com. on P.E. & R.

  14. Re-referred to Com. on RLS.

  15. Withdrawn from committee.

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  17. In committee: Set, first hearing. Testimony taken. Further hearing to be set.

  18. Referred to Com. on PUB. S.

  19. In Senate. Read first time. To Com. on RLS. for assignment.

  20. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1702.)

  21. Read second time. Ordered to third reading.

  22. From committee: Do pass. (Ayes 17. Noes 0.) (May 27).

  23. In committee: Set, first hearing. Referred to APPR. suspense file.

  24. Re-referred to Com. on APPR.

  25. Read second time and amended.

  26. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 15).

  27. Referred to Com. on PUB. S.

  28. From printer. May be heard in committee February 24.

  29. Read first time. To print.

Sponsors

  • Gorell · Primary
  • Ma · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Gorell

Co-sponsors (1)

  • Ma

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 73004
Republican 2000
Democratic 1000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Halderman — Yea
Carter — Yea
Feuer — Yea
Cook — Yea
Eng — Yea
Furutani — Yea
Garrick — Yea
Gorell — Yea
Fong — Yea
Allen — Yea
Butler — Yea
Hagman — Yea
Hill — Yea
Huber — Yea
Logue — Yea
Cedillo — Yea
Conway — Yea
Wagner — Yea
Williams — Yea
Davis — Yea
Gatto — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Harkey — Yea
Huffman — Yea
Blumenfield — Yea
Perea — Yea
Smyth — Yea
Valadao — Yea
Fletcher — Yea
Galgiani — Yea
Hayashi — Yea
Hueso — Yea
Silva — Yea
Yamada — Not Voting
Fuentes — Not Voting
Bonilla — Yea
Atkins — Yea
Gordon — Yea
Hall — Yea
Lara — Yea
Campos — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Beall — Yea
Chesbro — Yea
Dickinson — Yea
Donnelly — Not Voting
Norby — Yea
Pan — Yea
Solorio — Yea
Swanson — Not Voting
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Jeffries — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Skinner — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 34 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 31006
Republican 1000
Democratic 2000
Total 34006
% of votes cast 85%0%0%15%
How each member voted (40)
Member Party Vote
Yee — Not Voting
Wyland — Yea
Huff — Yea
Cannella — Yea
Hancock — Yea
Lowenthal — Yea
De León — Yea
Hernandez — Yea
Negrete McLeod — Yea
Rubio — Yea
Correa — Yea
Kehoe — Yea
Liu — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Runner — Not Voting
Dutton — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Not Voting
Harman — Yea
Leno — Yea
Lieu — Yea
Pavley — Yea
Simitian — Not Voting
Vargas — Yea
Wolk — Not Voting
Corbett — Yea
Emmerson — Not Voting
Evans — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kehoe — Yea
Lieu — Yea
Dutton — Yea
Price — Yea
Steinberg — Yea
Alquist — Yea
Walters — Yea

Official roll call →

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 72005
Democratic 1000
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Halderman — Yea
Furutani — Yea
Garrick — Yea
Gatto — Yea
Fong — Yea
Butler — Yea
Hagman — Yea
Allen — Yea
Hayashi — Yea
Huber — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Hueso — Yea
Fletcher — Yea
Blumenfield — Yea
Cedillo — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Jeffries — Yea
Knight — Yea
Nestande — Yea
Olsen — Yea
Perea — Yea
Silva — Yea
Smyth — Yea
Wagner — Yea
Williams — Yea
Campos — Yea
Bonilla — Yea
Atkins — Yea
Galgiani — Yea
Mitchell — Not Voting
Gordon — Yea
Chesbro — Yea
Gorell — Not Voting
Hall — Yea
Beall — Yea
Donnelly — Yea
Lara — Yea
Miller — Yea
Monning — Not Voting
Nielsen — Yea
Norby — Yea
Pan — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Not Voting
Ammiano — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Huffman — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Morrell — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Fuentes — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Gatto — Yea
Hall — Yea
Mitchell — Yea
Harkey — Yea
Hill — Yea
Nielsen — Yea
Donnelly — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Lara — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 178 do?
The Teachers' Retirement Law limits the amount of postretirement compensation that may be earned in specified types of employment by a retired member of the Defined Benefit Program without a reduction in the retirement benefits of the member. That law provides exemptions from this limit and until June 30, 2012, specifies that the limitation provisions do not apply to compensation earned by a member retired for service who has returned to work after retirement and, for at least 12 consecutive months, has not performed specified activities. This bill would extend the operation of that exemption until June 30, 2013. The bill also would exempt from the earnings limitation, until June 30, 2013, compensation paid to a retired member who has returned to work after the date of retirement as a trustee, administrator, or fiscal adviser approved pursuant to specified provisions by the Superintendent of Public Instruction, the Board of Governors of the California Community Colleges, or a county superintendent of schools to address academic or financial weaknesses in a school district. The bill would specify the documentation required for any of those persons exercising that compensation exemption. The bill would additionally exempt from the earnings limitation an employee of a 3rd party which does not participate in a California public pension system if the activities performed by the person are not normally performed by employees of a public employer and it is for a limited-term assignment. The Teachers' Retirement Law limits the amount of compensation for certain creditable service activities by a retired member in one school year to be $22,000 adjusted by the percentage change in the average compensation earnable by active members of the Defined Benefit Program, from the 1998–99 fiscal year to the fiscal year ending in the previous calendar year.The bill would change that limit to be 12 of the median final compensation of all members who retired for service during the fiscal year ending in the previous calendar year. Existing law authorizes a retired member of the State Teachers' Retirement System (STRS) to terminate his or her retirement allowance, reinstate as an active member, and later cancel the termination upon subsequently retiring, as specified. Existing law prescribes the conditions under which a STRS service retirement allowance becomes effective and requires, in this regard, that the effective date be at least one year following the date on which it is terminated pursuant to the above-described provision. This bill would eliminate the one-year waiting period after the termination. The bill would also prohibit a member who terminates his or her retirement allowance pursuant to that provision and retires within one year of reinstatement from electing a different option or different set of beneficiaries than were in effect at the time of the termination. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 178?
AB 178 is sponsored by Gorell and Ma.
What is the current status of AB 178?
This bill has been enacted into law. Introduced January 24, 2011. Enacted.
Where can I track AB 178?
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