Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1451Introduced by Assembly Member McCartyFebruary 17, 2017 An act to add Section 24214.1 to the Education Code, relating to state teachers retirement. amend Section 18995 of the Welfare and Institutions Code, relating to public social services.LEGISLATIVE COUNSEL'S DIGESTAB 1451, as amended, McCarty. CalFood Program. State teachers retirement: retirees.The Teachers Retirement Law establishes the State Teachers Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. STRS is governed by the Teachers Retirement Board. Existing law limits the postretirement compensation of a member of the Defined Benefit Program of the Teachers Retirement Plan to an amount calculated by STRS, as specified. If the members postretirement compensation exceeds this amount, the law requires the members retirement allowance to be reduced by the amount of excess compensation. Existing law, however, permits members retired for service from STRS to perform member activities without being subject to the compensation limit under certain limited conditions and circumstances, including, until June 30, 2017, to work as an appointed trustee, fiscal adviser or fiscal expert, receiver, or special trustee, as specified.This bill would exempt from the postretirement compensation limit the compensation of a member retired for service who has returned to work to fulfill a critical need in a position due to a teacher shortage in the area of special education, mathematics, science, or bilingual education. The bill would require a local school district, community college district, county office of education, or other local educational agency exercising this exemption to submit specified documentation to substantiate a retired members eligibility.Existing law establishes the CalFood Program, formerly known as the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks whose ongoing primary function is to facilitate the distribution of food to low-income households.This bill would make a technical, nonsubstantive amendment to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 24214.1 is added to the Education Code, to read:24214.1. (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who has returned to work after the date of retirement to fulfill a critical need in a position due to a teacher shortage in any of the following subject areas:(1) Special education.(2) Mathematics.(3) Science.(4) Bilingual education.(b) A local school district, community college district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received.(c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, financial inducement to retire includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislatures intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer.(d) The documentation required for subdivision (a) shall include certification of the following:(1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed.(2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1).(3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1).(4) The salary paid shall be no greater than the salary offered to current active members for the appointed position.SECTION 1.Section 18995 of the Welfare and Institutions Code is amended to read:18995.(a)On and after January 1, 2017, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the CalFood Program. The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.(b)(1)The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, both of the following shall apply:(A)All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program funds annual budget.(B)Notwithstanding subparagraph (A), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in subparagraph (A), and shall, in part, be used to pay for the departments administrative costs associated with the administration of the CalFood Program.(c)(1)The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code.(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:(A)The primary function of the food bank is the distribution of food to low-income households.(B)The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1451Introduced by Assembly Member McCartyFebruary 17, 2017 An act to add Section 24214.1 to the Education Code, relating to state teachers retirement. amend Section 18995 of the Welfare and Institutions Code, relating to public social services.LEGISLATIVE COUNSEL'S DIGESTAB 1451, as amended, McCarty. CalFood Program. State teachers retirement: retirees.The Teachers Retirement Law establishes the State Teachers Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. STRS is governed by the Teachers Retirement Board. Existing law limits the postretirement compensation of a member of the Defined Benefit Program of the Teachers Retirement Plan to an amount calculated by STRS, as specified. If the members postretirement compensation exceeds this amount, the law requires the members retirement allowance to be reduced by the amount of excess compensation. Existing law, however, permits members retired for service from STRS to perform member activities without being subject to the compensation limit under certain limited conditions and circumstances, including, until June 30, 2017, to work as an appointed trustee, fiscal adviser or fiscal expert, receiver, or special trustee, as specified.This bill would exempt from the postretirement compensation limit the compensation of a member retired for service who has returned to work to fulfill a critical need in a position due to a teacher shortage in the area of special education, mathematics, science, or bilingual education. The bill would require a local school district, community college district, county office of education, or other local educational agency exercising this exemption to submit specified documentation to substantiate a retired members eligibility.Existing law establishes the CalFood Program, formerly known as the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks whose ongoing primary function is to facilitate the distribution of food to low-income households.This bill would make a technical, nonsubstantive amendment to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 28, 2017
Amended IN Assembly March 28, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1451
Introduced by Assembly Member McCartyFebruary 17, 2017
Introduced by Assembly Member McCarty
February 17, 2017
An act to add Section 24214.1 to the Education Code, relating to state teachers retirement. amend Section 18995 of the Welfare and Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1451, as amended, McCarty. CalFood Program. State teachers retirement: retirees.
The Teachers Retirement Law establishes the State Teachers Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. STRS is governed by the Teachers Retirement Board. Existing law limits the postretirement compensation of a member of the Defined Benefit Program of the Teachers Retirement Plan to an amount calculated by STRS, as specified. If the members postretirement compensation exceeds this amount, the law requires the members retirement allowance to be reduced by the amount of excess compensation. Existing law, however, permits members retired for service from STRS to perform member activities without being subject to the compensation limit under certain limited conditions and circumstances, including, until June 30, 2017, to work as an appointed trustee, fiscal adviser or fiscal expert, receiver, or special trustee, as specified.This bill would exempt from the postretirement compensation limit the compensation of a member retired for service who has returned to work to fulfill a critical need in a position due to a teacher shortage in the area of special education, mathematics, science, or bilingual education. The bill would require a local school district, community college district, county office of education, or other local educational agency exercising this exemption to submit specified documentation to substantiate a retired members eligibility.Existing law establishes the CalFood Program, formerly known as the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks whose ongoing primary function is to facilitate the distribution of food to low-income households.This bill would make a technical, nonsubstantive amendment to that provision.
The Teachers Retirement Law establishes the State Teachers Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. STRS is governed by the Teachers Retirement Board. Existing law limits the postretirement compensation of a member of the Defined Benefit Program of the Teachers Retirement Plan to an amount calculated by STRS, as specified. If the members postretirement compensation exceeds this amount, the law requires the members retirement allowance to be reduced by the amount of excess compensation. Existing law, however, permits members retired for service from STRS to perform member activities without being subject to the compensation limit under certain limited conditions and circumstances, including, until June 30, 2017, to work as an appointed trustee, fiscal adviser or fiscal expert, receiver, or special trustee, as specified.
This bill would exempt from the postretirement compensation limit the compensation of a member retired for service who has returned to work to fulfill a critical need in a position due to a teacher shortage in the area of special education, mathematics, science, or bilingual education. The bill would require a local school district, community college district, county office of education, or other local educational agency exercising this exemption to submit specified documentation to substantiate a retired members eligibility.
Existing law establishes the CalFood Program, formerly known as the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks whose ongoing primary function is to facilitate the distribution of food to low-income households.
This bill would make a technical, nonsubstantive amendment to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 24214.1 is added to the Education Code, to read:24214.1. (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who has returned to work after the date of retirement to fulfill a critical need in a position due to a teacher shortage in any of the following subject areas:(1) Special education.(2) Mathematics.(3) Science.(4) Bilingual education.(b) A local school district, community college district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received.(c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, financial inducement to retire includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislatures intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer.(d) The documentation required for subdivision (a) shall include certification of the following:(1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed.(2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1).(3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1).(4) The salary paid shall be no greater than the salary offered to current active members for the appointed position.SECTION 1.Section 18995 of the Welfare and Institutions Code is amended to read:18995.(a)On and after January 1, 2017, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the CalFood Program. The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.(b)(1)The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, both of the following shall apply:(A)All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program funds annual budget.(B)Notwithstanding subparagraph (A), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in subparagraph (A), and shall, in part, be used to pay for the departments administrative costs associated with the administration of the CalFood Program.(c)(1)The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code.(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:(A)The primary function of the food bank is the distribution of food to low-income households.(B)The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 24214.1 is added to the Education Code, to read:24214.1. (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who has returned to work after the date of retirement to fulfill a critical need in a position due to a teacher shortage in any of the following subject areas:(1) Special education.(2) Mathematics.(3) Science.(4) Bilingual education.(b) A local school district, community college district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received.(c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, financial inducement to retire includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislatures intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer.(d) The documentation required for subdivision (a) shall include certification of the following:(1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed.(2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1).(3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1).(4) The salary paid shall be no greater than the salary offered to current active members for the appointed position.
SECTION 1. Section 24214.1 is added to the Education Code, to read:
### SECTION 1.
24214.1. (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who has returned to work after the date of retirement to fulfill a critical need in a position due to a teacher shortage in any of the following subject areas:(1) Special education.(2) Mathematics.(3) Science.(4) Bilingual education.(b) A local school district, community college district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received.(c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, financial inducement to retire includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislatures intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer.(d) The documentation required for subdivision (a) shall include certification of the following:(1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed.(2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1).(3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1).(4) The salary paid shall be no greater than the salary offered to current active members for the appointed position.
24214.1. (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who has returned to work after the date of retirement to fulfill a critical need in a position due to a teacher shortage in any of the following subject areas:(1) Special education.(2) Mathematics.(3) Science.(4) Bilingual education.(b) A local school district, community college district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received.(c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, financial inducement to retire includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislatures intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer.(d) The documentation required for subdivision (a) shall include certification of the following:(1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed.(2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1).(3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1).(4) The salary paid shall be no greater than the salary offered to current active members for the appointed position.
24214.1. (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who has returned to work after the date of retirement to fulfill a critical need in a position due to a teacher shortage in any of the following subject areas:(1) Special education.(2) Mathematics.(3) Science.(4) Bilingual education.(b) A local school district, community college district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received.(c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, financial inducement to retire includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislatures intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer.(d) The documentation required for subdivision (a) shall include certification of the following:(1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed.(2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1).(3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1).(4) The salary paid shall be no greater than the salary offered to current active members for the appointed position.
24214.1. (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who has returned to work after the date of retirement to fulfill a critical need in a position due to a teacher shortage in any of the following subject areas:(1) Special education.(2) Mathematics.(3) Science.(4) Bilingual education.(b) A local school district, community college district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received.(c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, financial inducement to retire includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislatures intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer.(d) The documentation required for subdivision (a) shall include certification of the following:(1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed.(2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1).(3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1).(4) The salary paid shall be no greater than the salary offered to current active members for the appointed position.
24214.1. (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who has returned to work after the date of retirement to fulfill a critical need in a position due to a teacher shortage in any of the following subject areas:
(1) Special education.
(2) Mathematics.
(3) Science.
(4) Bilingual education.
(b) A local school district, community college district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received.
(c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, financial inducement to retire includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislatures intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer.
(d) The documentation required for subdivision (a) shall include certification of the following:
(1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed.
(2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1).
(3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1).
(4) The salary paid shall be no greater than the salary offered to current active members for the appointed position.
(a)On and after January 1, 2017, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the CalFood Program. The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.
(b)(1)The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, both of the following shall apply:
(A)All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program funds annual budget.
(B)Notwithstanding subparagraph (A), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in subparagraph (A), and shall, in part, be used to pay for the departments administrative costs associated with the administration of the CalFood Program.
(c)(1)The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:
(A)The primary function of the food bank is the distribution of food to low-income households.
(B)The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.