AB 340 Retirement Changes

Dear SDCCD College Faculty,

As most of you are aware by now, the so-called “pension reform” legislation (AB 340) which was passed at the end of the last legislative session includes changes to CalSTRS retirement provisions that mostly affect members not currently employed in a CalSTRS school district (i.e.; most changes do not affect those of you reading this email).

However, one change included in this legislation that does affect those of you reading this message is what happens when current faculty retire after January 1, 2013 who wish to continue to work within the District.

Our current collective bargaining agreement (CBA) provides that both adjunct and contract faculty can retire from CalSTRS and continue to work in the District. Retired adjunct faculty can continue working while maintaining their Priority of Assignment rights, and contract faculty can elect to return on a pro-rata basis. The passage of AB 340 adds a new wrinkle to these current provisions by requiring all faculty who retire after January 1, 2013 to “sit-out” for 180 days before returning to work. Although the current CBA can certainly already be interpreted to allow for this, obviously there is no explicit language currently in place since this new legislation was just recently passed.

Fortunately, we were able to reach agreement with the District that explicitly maintains the post-retirement rights of all faculty subsequent to the 180-day “sit-out” period. (Copies of these sideletters which will go into effect on January 1, 2013 are AB Changes for Contract Faculty, AB Changes for Adjunct Faculty, AB Changes for Adjunct Faculty 2.)

For faculty who retire prior to December 31, 2012, the new 180-day waiting period does not apply. Faculty who were considering retiring in 2013 and planning on continuing to work may want to re-think their plans and retire before December 31, 2012 if the 180-day waiting period would cause a financial hardship.

Please let me know if you have any questions regarding the foregoing.

In Unity,

Jim Mahler, President
AFT Guild, Local 1931
San Diego & Grossmont-Cuyamaca
Community Colleges