Section 88033 Of Article 1. Employment From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 4. >> Article 1.
88033
. (a) Notwithstanding any other provisions of law, no minimum
or maximum age limits shall be established for the employment or
continuance in employment of persons as part of the classified
service.
(b) Any person possessing all of the minimum qualifications for
any employment shall be eligible for appointment to that employment,
and no rule or policy, either written or unwritten, heretofore or
hereafter adopted, shall prohibit the employment or continued
employment, solely because of the age of any such person in any
community college employment who is otherwise qualified therefor.
(c) No person shall be employed in community college employment
while he or she is receiving a retirement allowance under any
retirement system by reason of prior school or community college
employment, except as provided in Article 5 (commencing with Section
21150) of Chapter 8 of Part 3 of Division 5 of Title 2 of the
Government Code.
(d) Subdivision (c) shall be inapplicable to persons who were
employed in the classified service of any community college district
as of September 18, 1959, and who are still employed by the same
district on September 15, 1961, and the rights of those persons shall
be fixed and determined as of September 18, 1959, and none of these
persons shall be deprived of any right to any retirement allowance or
eligibility for any such allowance to which he or she would have
been entitled as of that date. Any such person who, by reason of any
provision of law to the contrary, has been deprived of any right to
retirement allowance or eligibility for such an allowance, shall,
upon the filing of application therefor, be reinstated to those
rights as he or she would have had, had this subdivision been in
effect on September 18, 1959.
(e) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 3 (commencing with Section 88060).