SECTIONS 20610-20618 - California Statutes

GOVERNMENT CODE

SECTION 20610-20618

20610. (a) Every county superintendent of schools shall enter into
a contract with the board for the inclusion in this system of (1) all
of the employees of the office of county superintendent whose
compensation is paid from the county school service fund other than
employees electing pursuant to Section 1313 of the Education Code to
continue in membership in a county system; and (2) all of the
employees of school districts and community college districts
existing on July 1, 1949, or thereafter formed, within his or her
jurisdiction, other than school districts that are contracting
agencies or that maintain a district, joint district, or other local
retirement system, with respect to service rendered in a status in
which they are not eligible for membership in the State Teachers'
Retirement Plan. The effective date of each contract shall not be
later than July 1, 1949. For the purposes of this part, those school
district employees shall be considered employees of the county
superintendent of schools having jurisdiction over the school
district by which they are employed and service to the district shall
be considered service to the county superintendent of schools.
(b) If a charter school chooses to participate in the system, all
employees of the charter school who qualify for membership in the
system shall be covered under the system and all provisions of this
part shall apply in the same manner as if the charter school were a
public school in the school district that granted the charter.

20611. A regional occupational center established pursuant to
Chapter 9 (commencing with Section 52300) of Division 4 of the
Education Code by two or more school districts by a joint powers
agreement shall be deemed a school district for purposes of this
part. The board and the county superintendent of schools, upon the
request of the governing body of any center in the county, shall
amend the contract entered into under this chapter to include the
employees of the center who are not eligible to membership in the
State Teachers' Retirement Plan. Credit shall not be granted for any
service in that employment prior to the effective date of the
amendment. However, on the request of the governing body of the
center, the amendment may provide that the membership of any person
becoming a member in that employment on the effective date of the
amendment shall be retroactive to the date of that person's entry
into that employment. If the amendment provides for the retroactive
membership, both the member and the center shall contribute to the
retirement fund for the period the amounts they would have
contributed had the amendment been in effect on the date of the entry
into employment.

20612. The board and the county superintendent of schools, upon the
request of any school district in the county that is a contracting
agency, shall amend the contract entered into under this chapter to
include the employees of the district. The request for the amendment
shall be made in the manner provided for approval of contracts except
that an election among employees shall not be required. Any
amendments under this section shall be effective on the first day of
the fiscal year next succeeding that in which the contract is
executed.

20613. An amendment executed under Section 20612 shall be deemed a
continuation and an amendment, to the extent of any variation in the
two contracts, of the district's contract with respect to rights of
all employees of the district under this system. Accumulated
contributions held for or as having been made by the district and its
employees and the assets derived from those contributions shall be
transferred to the credit of the county superintendent of schools as
a contracting agency. The liability of the district after the
effective date of the amendment shall be as provided in former
Section 20584, as amended by Chapter 857 of the Statutes of 1965.

20615. Except as otherwise provided in this chapter, all of the
provisions of Chapter 5 (commencing with Section 20460) apply to
contracts made pursuant to this chapter.

20616. Sections 20469, 20470, 20502, 20512, 20570, 20571, and 20572
do not apply to contracts made pursuant to this chapter. The county
superintendent of schools shall have no authority to exercise any
election under any provision of this part, other than Section
21623.6, that applies to a contracting agency only on its election to
be subject to it.

20617. The county superintendent of schools at the close of each
month shall draw requisitions against the county school service fund
and the funds of the respective school districts for amounts equal to
the total of the employers' contributions required to be paid from
the county school service fund and from the funds of the districts,
and the contributions deducted from the compensation of employees
paid from those funds. The amounts shall be deposited in the county
treasury to the credit of the contract retirement fund. The employers
of persons paid from other funds, at the close of each month, shall
pay into the contract retirement fund the amounts required to be paid
by those employers together with the contributions deducted from the
compensation of those employees.
Thereafter the county superintendent of schools shall draw his or
her requisitions against the contract retirement fund and in favor of
the board which, when allowed by the county auditor, shall
constitute warrants against the fund for the amount of the employees'
contributions transferred to or otherwise paid into the fund during
that month and for the amount of employers' contributions transferred
to or otherwise paid into the fund. The county superintendent of
schools shall forward the warrants to the board.

20618. (a) The assets and liabilities arising out of contracts with
school employers, as defined in Section 20063, shall be merged,
excluding that portion of a contract that provides benefits pursuant
to Section 21623.6, that portion of a contract with respect to local
police officers, as defined in Section 20430, and those contracts
with school districts or community college districts, as defined in
subdivision (i) of Section 20057, that employ school safety members,
as defined in Section 20444. Employer accumulated contributions
credited to those entities on June 30, 1982, and all the
contributions paid by a school employer after June 30, 1982, shall be
held exclusively for the benefit of school members, retired school
members, and their beneficiaries.
(b) Effective December 31, 1999, any service previously credited
as local miscellaneous service with the Los Angeles Unified School
District or the Los Angeles Community College District shall be
considered service credit with a school employer. A person who is a
member under a contract between the board and school districts or
community college districts prior to July 1, 1983, shall not be
denied any right extended to him or her by reason of that membership.