AB 2101 – Amends County Employees’ Retirement Law To Allow Purchased Service Credit After Parental Leave And Military Leave And Require Service Reinstatement For Terminated Employees Who Win Reinstatement On Appeal for Public Educational Institutions

CATEGORY: Public Education Matters
CLIENT TYPE: Public Education
DATE: Nov 12, 2020

AB 2101 is an omnibus clean-up bill relating to the Public Employees’ Retirement Law (PERL), and the Teachers’ Retirement Law (TRL).

AB 2101 makes numerous technical and conforming changes to the PERL and TRL it substantively amends the TRL in the following areas:

Previously, a STRS member was required to file an election with another public retirement system if the member took a position that provided a defined benefit in another public retirement system and wanted to continue deferred benefit coverage in STRS. This bill removes that requirement and requires the employer to retain a copy of the election form.  

This bill includes creditable service activities performed by an audiometrist who holds a certificate of registration issued by the State Department of Health Care Services.

This bill changes the definition for “leave of absence” for purposes of the TRL to include an employer-approved compensated leave taken on or after January 1, 2016, that is otherwise excluded from the definition of leave of absence. The bill requires that remuneration that is paid for an employer-approved compensated leave be creditable compensation.

This bill defines sick leave as the number of days of accumulated and unused leave of absence for illness or injury granted by each employer.  It also defines basic sick leave to include the days of paid leave of absence due to illness or injury granted by each employer, not to exceed 12 days per school year. The bill provides that a member is prohibited from receiving service credit for accumulated, unused sick leave that the member receives service credit for in another public retirement system. The bill grants an elected officer of an employee organization on a compensated leave of absence STRS benefits that the member would otherwise have received.

This bill requires a termination benefit under the Defined Benefit Supplement Program and Cash Benefit Balance Program to be payable 180 calendar days after the member terminates employment.

This bill requires penalties and interest overpaid to STRS to be considered additional contributions and to be treated the same as other STRS contributions.

(AB 2101 amends Sections 22106.2, 22119.5, 22144.3, 22156.1, 22170.5, 22501, 22509, 22711, 22714, 22717, 22718, 24204, 25025, 26113, 26801, 26803, 26804, 26808, 26810, and 27204 of, adds Sections 23011 and 26303.7 to, and repeals Section 22151 of the Education Code. It also amends Sections 20230, 20731, 22772, 22960.95, 22970.85, 31465, 31627.1, 31627.2, 31631.5, 31641.45, 31646, 31662.2, 31670, 31672, 31672.1, 31672.2, 31672.3, 31706, 31760.1, 31760.2, 31765, 31765.1, 31776.3, 31781.1, 31781.2, 31785, 31785.1, 31786, 31786.1, 31787, 31787.5, 31855.3, and 75088.3 of, adds Sections 31454.7 and 31680.10 to, repeals Sections 31649.5, 31649.6, 31650, and 31651 of, and repeals and adds Section 31649 of the Government Code.)