1. CalPERS / CalSTRS Right of Election

2. Issues
Actively employed by county school, Board of Governors, or Department of Education
Proposed guideline for break in service
Election for each employment change
The questions we’ve been asked that led to the issues we’re discussing today are:
1 – Is a member eligible to elect if they have any previous school, Board of Governors or Dept. of Education employment in their history or must they be actively employed?
2 – If the member must be actively employed by one of these employers, would there be a consideration for an employee who had a break in service during the period school is not in session?
3 – Is the PERS/STRS election a one time only election or is it offered with each change in position?
Lets go through these one at a time…
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3. 1 - Actively Employed
For members without 5 years service credit, must be employed with:
County School
Board of Governor of Community Colleges
Department of Education
at the time employee accepts a certificated position.
In the past CalPERS would allow a CalPERS member the election right if they had previous school employment anytime in their employment history regardless of a break in service as long as it is not refunded.
In response to the first question. A recent review of G.C has changed the eligibility rules. The policy now allows an election for a CalPERS member without 5 years of service the election right if they are actively employed by a county school, Board of Governors of Community College or Dept. of Education at the time they accept a teaching position. This means that we no longer look for previous qualifying employment anytime in the employment history, SO
This brings us to the second issue because this change in policy brought up new questions like:
One school district may separate a classified employee at the end of the school year and then while on school break the employee is offered a teaching contract. But, the employee cannot begin working until the beginning of the next school year (or session). Would this be considered as a ‘break in service’?
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4. 2 – Proposed Guideline Proposed Guideline
– Not considered a break in service if:
Contract is offered and accepted while actively employed by county school, Board of Governors’, Dept. of Education, OR
If contract is offered and accepted during a regular school break (summer vacation, off-track)
We are proposing a guideline so you can determine whether to offer a new hire the CalPERS/CalSTRS right of election in these situations.
Our proposal is:
If you offered the member a contract and they accepted a certificated position while they were currently employed by a "school employer", or, if they accepted a certificated position while on a "normal" school break (summer, off-track time, etc.), then CalPERS would not consider this a break in service and the member would be entitled to an election.
For example:
District A, County A has separated a classified employee on 6/30/06.
                    During the summer break, the employee is offered a teaching contract by District B, in County B on 8/01/06.
                    The employee would begin teaching on 9/01/06.
If we adopt the guideline - this employee would be eligible for an election because the contract was accepted during the time school is not in session.
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5. 3 -Election for Each Employment Change
Recent review of Ed. Code regarding irrevocable election
Irrevocable until change in position
Must qualify for election each time
The third issue is whether to offer the election with each change in position.
CalPERS has said that the member is entitled to make an election only once, upon accepting a position which is subject to coverage by CalSTRS and that once made it is irrevocable for ALL subsequent service.
CalSTRS’ opinion has been that the member receives a new election each time they change positions. 
In reviewing the Ed Code (22508), we are leaning toward agreeing with the CalSTRS interpretation that the employee is entitled to an election upon each change of position which qualifies the member for an election under Education Code  
Since CalPERS is interpreting and using the CalSTRS law to determine when the election is given we will probably look to CalSTRS for the definition of a change in position.
(Bring up at the PERS/STRS Network meeting)
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6. ACES Enhancement Prior School PERS Membership flag
Currently available on ACES
Last School Employment Date flag
New update provides date of last separation
Refund flag
Shows refund for previous school employment or refund of all contributions
We are working to enhance ACES to help school employers to determine eligibility.
Currently, ACES displays a Yes or No flag to let employers know if the member has had Prior School Employment (school employer, the board of Governors of the California Community Colleges, or the State Department of Education), but it does not tell you when that prior school employment ended.
We plan to add a date to the flag that would inform you of the separation date of the last school employment (or if the employee is still active in school employment the flag would show the current date). 
We are also considering a Refund flag if the member took a refund of previous school contributions.
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7. Prior School PERS Membership
ACES shows YES for any prior school employment in employment history
ACES shows No if no prior school employment
ACES shows Refunded – if school contributions refunded (or all employment)
You have a copy of the FAQ’s (Frequently asked questions) about the PERS/STRS Election that will be posted to the Web this week.
Additional FAQ’s will be added as they are completed.
We don’t have time to go over these today, but if you have any questions, please send them to the Meeting Mailbox well in advance of the next meeting, so we can address your concerns with you, or at the next meeting.
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8. ACES Participant Inquiry
Julie Jones
01/29/1954
You have a copy of the FAQ’s (Frequently asked questions) about the PERS/STRS Election that will be posted to the Web this week.
Additional FAQ’s will be added as they are completed.
We don’t have time to go over these today, but if you have any questions, please send them to the Meeting Mailbox well in advance of the next meeting, so we can address your concerns with you, or at the next meeting.
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9. Prior School PERS Membership
Julie Jones
01/29/1954
You have a copy of the FAQ’s (Frequently asked questions) about the PERS/STRS Election that will be posted to the Web this week.
Additional FAQ’s will be added as they are completed.
We don’t have time to go over these today, but if you have any questions, please send them to the Meeting Mailbox well in advance of the next meeting, so we can address your concerns with you, or at the next meeting.
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10. Prior School PERS Membership
You have a copy of the FAQ’s (Frequently asked questions) about the PERS/STRS Election that will be posted to the Web this week.
Additional FAQ’s will be added as they are completed.
We don’t have time to go over these today, but if you have any questions, please send them to the Meeting Mailbox well in advance of the next meeting, so we can address your concerns with you, or at the next meeting.
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11. Prior School PERS Membership
Julie Jones
01/29/1954

12. Last School Employment Date
If member is active:
ACES will give current date
If member has separated from school employment:
ACES will give separation date of last employment with school, Board of Governors’ or
Dept. of Education
When we receive formal documentation of the decisions, we will send a Circular Letter to outline the PERS/STRS policy with regard to these issues:
active school employment and eligibility when accepting a position subject to CalSTRS,
what may be considered a “break in service” and
also the decision on the election right for every change in position.
Until that time, begin to apply these policy changes - and we will do our best to provide assistance.
For the ACES enhancement – there is no set date at this time when this will be implemented. Most of our requests for systems updates are being put on hold due to a new system being implemented.
FAQ’s can be located on the Web site under – School Employer – Administration & Reporting of Members – PERS/STRS Elections.
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13. Last School Employment Date
Julie Jones
01/29/1954

14. Last School Employment Date
Julie Jones
01/29/1954
STRS

15. Last School Employment Date
Julie Jones
01/29/1954

16. Thank You
Questions?