Current through the 2024 Legislative Session.
Section 22508 - Election to have service requiring membership in different system covered by Defined Benefit Program(a) A member who becomes employed by the same or a different school district or community college district, or a county superintendent, or who becomes employed by the state in a position described in subdivision (b), to perform service that requires membership in a different public retirement system, and who is not excluded from membership in that public retirement system, may elect to have that service subject to coverage by the Defined Benefit Program of this plan and excluded from coverage by the other public retirement system. If that election is made, the service performed for the employer in that position as of the date of hire shall be considered creditable service for purposes of this part.(b) Subdivision (a) shall apply to a member who becomes employed by the state only if the member is also one of the following:(1) Represented by a state bargaining unit that represents educational consultants, professional educators, or librarians employed by the state.(2) Excluded from the definition of "state employee" in subdivision (c) of Section 3513 of the Government Code, but performing, supervising, or managing work similar to work performed by employees described in paragraph (1).(3) In a position not covered by civil service and in the executive branch of government, but performing, supervising, or managing work similar to work performed by employees described in paragraph (1).(c) A member of the Public Employees' Retirement System who is subsequently employed to perform creditable service requiring coverage by the Defined Benefit Program of this plan may elect to have that subsequent service subject to coverage by the Public Employees' Retirement System and excluded from coverage by the Defined Benefit Program pursuant to Section 20309 of the Government Code.(d) An election made by a member pursuant to this section shall be irrevocable.Amended by Stats 2018 ch 416 (SB 1165),s 8, eff. 1/1/2019.Amended by Stats 2016 ch 218 (SB 1352),s 11, eff. 1/1/2017.Amended by Stats 2009 ch 304 (SB 634),s 2, eff. 1/1/2010.Amended by Stats 2001 ch 77 (SB 165), s 1, eff. 1/1/2002.Amended by Stats 2000 ch 1025 (AB 816), s 18, eff. 1/1/2001.Previously Amended October 10, 1999 (Bill Number: SB 1074) (Chapter 939). Stats 2000 ch 880 (SB 1694), s 1also amended this section, but was superseded.