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Notice of Exclusion AESD-139

Notice of Exclusion AESD-139. Information Sources. CalPERS Procedures Manual Online: www.calpers.ca.gov Employer Forms & Publication Directory Forms CalPERS Retirement Program Forms Notice of Exclusion Form CalPERS Membership (PERS AESD-139)

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Notice of Exclusion AESD-139

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  1. Notice of ExclusionAESD-139

  2. Information Sources • CalPERS Procedures Manual • Online: www.calpers.ca.gov Employer Forms & Publication Directory Forms CalPERS Retirement Program Forms Notice of Exclusion Form CalPERS Membership (PERS AESD-139) • 888 CalPERS (or 888-225-7377)

  3. Agenda • Membership Procedures Review • How to complete the “Notice of Exclusion Form AESD-139” • What do CalPERS auditors look for in the AESD-139?

  4. Membership Procedures ReviewPage M15 The following are mandated into membership: • Current members (do not have to re-qualify) (G.C. 20305 (a) (1)) • Permanent full time (40 hours per week) • Full-time for a temporary appointment in excess of six months • Part-time averaging 20 hours per week, for one year or longer

  5. “Once a Member...” Law • 20305 (a) “an employee serving on less than full-time basis is excluded from this system unless: • -(1) He or she is a member at the time he or she renders less than full time service and is not otherwise excluded…”

  6. Membership Review • Membership is mandatory unless… • Excluded from membership • Independent Contractor • An “Optional” membership • (Section 20280, Government Code) • Chapter 3: Membership in system • Article 1: Compulsory membership

  7. Exclusions in the PERL • Members of other public retirement systems (for the same service) • Some elected officials after 7/1/94 or 1/1/97 • Certain student positions (jobs open only to students) • Part-time employee (less than 1000 hours)

  8. How to complete theNotice of ExclusionPERS-AESD-139 The AESD-139 asks for reason for exclusion: 1. Seasonal or limited term appointment 2. Part-time averaging less than 20 hours per week 3. Appointment is on-call, intermittent, emergency or other irregular basis 4. Excluded by law (such as student position or members of another system). 5. Independent contractor

  9. What do CalPERS auditors look for in the the AESD-139? • A original AESD-139 is on file • The document is signed • The exclusion is valid • Are people properly excluded • Supporting documentation

  10. Is the AESD-139 Mandatory? • The PERL does not demand that employers complete this form, however…..

  11. Reasons to Complete the AESD-139 Employees may ask: “Why doesn’t my annual member statement match the number of years I have worked?”

  12. Reasons to complete the AESD-139 • Satisfactory documentation of exclusion in a review protects the employer • Documents the employees’ CalPERS membership status • During a “review” by CalPERS the AESD-139 documents why an employee was not brought into membership

  13. Process • When the employer has a new hire, ask if they were ever a CalPERS member • Every new hire either completes an AESD-1 or an AESD-139 • Employer explains the purpose of the AESD-139 to the employee

  14. Process (Continued) • Employer and Employee complete and sign the AESD-139 • Employer places the original in the employee’s personnel file • Employer gives a copy to the employee so that they are aware that they are not brought into CalPERS membership

  15. Questions

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