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Section 22508 Of Chapter 10. Membership From California Education Code >> Division 1. >> Title 1. >> Part 13. >> Chapter 10.
22508
. (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. The election shall be made in writing on a form
prescribed by this system within 60 days from the date of hire in the
position requiring membership in the other public retirement system.
If that election is made, the service performed for the employer
after 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) (1) A member of the Public Employees' Retirement System described in paragraph (2) 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. If the election is made, creditable service performed for the employer after the date of hire shall be subject to coverage by the Public Employees' Retirement System.
(2) This subdivision shall apply to a member of the Public Employees' Retirement System who either (A) is employed by a school district, community college district, a county superintendent, or the State Department of Education or (B) has at least five years of credited service under the system.
(d) An election made by a member pursuant to this section shall be irrevocable.
(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) (1) A member of the Public Employees' Retirement System described in paragraph (2) 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. If the election is made, creditable service performed for the employer after the date of hire shall be subject to coverage by the Public Employees' Retirement System.
(2) This subdivision shall apply to a member of the Public Employees' Retirement System who either (A) is employed by a school district, community college district, a county superintendent, or the State Department of Education or (B) has at least five years of credited service under the system.
(d) An election made by a member pursuant to this section shall be irrevocable.
