AB 178 — State teachers' retirement.
Last action — Chaptered by Secretary of State - Chapter 135, Statutes of 2012.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 24, 2011. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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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
- Chaptered 07/17/12 - Chaptered Current pdf July 17, 2012
- Enrolled 07/05/12 - Enrolled pdf July 05, 2012
- Amended 06/19/12 - Amended Senate pdf June 19, 2012
- Amended 05/31/12 - Amended Senate pdf May 31, 2012
- Amended 03/22/11 - Amended Assembly pdf March 22, 2011
- Introduced 01/24/11 - Introduced pdf January 24, 2011
- AB178 View text html
Action History
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Chaptered by Secretary of State - Chapter 135, Statutes of 2012.
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Approved by the Governor.
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Enrolled and presented to the Governor at 5:10 p.m.
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Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 5612.).
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Assembly Rule 63 suspended. (Page 5594.)
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Assembly Rule 77 suspended. (Page 5594.)
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 3 pursuant to Assembly Rule 77.
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Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 4282.).
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 7. Noes 0.) (June 28).
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 25). Re-referred to Com. on APPR.
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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.
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Re-referred to Com. on P.E. & R.
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Re-referred to Com. on RLS.
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Withdrawn from committee.
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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.
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In committee: Set, first hearing. Testimony taken. Further hearing to be set.
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Referred to Com. on PUB. S.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1702.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 17. Noes 0.) (May 27).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 15).
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Referred to Com. on PUB. S.
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From printer. May be heard in committee February 24.
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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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 73 | 0 | 0 | 4 |
| Republican | 2 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 76 | 0 | 0 | 4 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 0 | 0 | 6 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 34 | 0 | 0 | 6 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 0 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 4 | 0 | 0 | 1 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Negrete McLeod | — | Yea |
| Vargas | — | Yea |
| Walters | — | Yea |
| Beth Gaines | — | Not Voting |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 2 | 0 | 0 | 0 |
| Unaffiliated | 72 | 0 | 0 | 5 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 75 | 0 | 0 | 5 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 17 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 1 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Mitchell | — | Yea |
| Hagman | — | Yea |
| Hill | — | Yea |
| Knight | — | Yea |
| Cedillo | — | Yea |
| Skinner | — | Not Voting |
| Ammiano | — | Yea |
Subjects
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?
- Track AB 178 free on One Click Politics — get push/email alerts when it moves.
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