Compensation
The Board of Education shall receive annual compensation in the amount of $400 in recognition of its service to the community.
Reimbursement of Expenses
Board members shall be reimbursed for traveling expenses incurred when authorized in advance by the Board. (Education Code 35044)
(cf. 9240 - Board Development)
The rate of reimbursement shall be the same rate specified for district personnel.
(cf. 3350 - Travel Expenses)
Health and Welfare Benefits
Board members may participate in the health and welfare benefits program provided for district employees.
Health and welfare benefits for Board members shall be no greater than that received by district's nonsafety employees with the most generous schedule of benefits. (Government Code 53208.5)
(cf. 4154/4254/4354 - Health and Welfare Benefits)
The district shall pay the cost of all premiums required for Board members electing to participate in the district health and welfare benefits program to the same extent that the district pays premiums for district staff in accordance with Government Code 53208.5.
Eligible Dependents and Required Verification Documentation
Health and welfare benefits provided to Board members shall be extended at the same level to their spouse/registered domestic partner and to their eligible dependent children as specified in law and the health plan.
1. Spouse/Domestic Partner: A legally wed spouse or registered domestic partner as defined by state law.
In order to add a spouse, the previous calendar year's federal tax return must be submitted to the district. The full names, complete address and filing status (married filing jointly or married filing separately) is required. An original or certified copy of the county recorded marriage certificate must be provided if there is a new spouse that is not listed on the previous calendar year's federal tax return.
In order to add a domestic partner, a copy of the Affidavit of Domestic Partnership from the City of Petaluma or certified copy of the Declaration of Domestic Partnership from the State of California must be submitted to the district within 30 days of the event.
2. Birth Child: An unmarried or married birth child from birth to age 26. A disabled birth child may remain covered after the age of 26 if disabled dependent status has been approved by the insurance carrier.
In order to add a birth child an original or certified copy of a county recorded birth certificate must be submitted to the district within 30 days of the event.
3. Step-Child or Child of a Domestic Partner: An unmarried or married step-child or child of a domestic partner from birth to age 26. A disabled step-child or child of a domestic partner may remain covered after the age of 26 if disabled dependent status has been approved by the insurance carrier.
In order to add a step-child or child of a domestic partner, an original or certified copy of the county recorded birth certificate listing the employee's current spouse/domestic partner as the parent of the child must be submitted to the district within 30 days of the event.
4. Adopted or Legal Guardianship: A child for whom the employee has legal and physical custody/guardianship from birth to age 26. A disabled child may remain covered after the age of 26 if the disabled dependent status has been approved by the insurance carrier.
In order to add a child for whom the employee has legal and physical custody/guardianship, an original or certified copy of the county recorded birth certificate and court papers showing legal responsibility for the child must be submitted to the district within 30 days of the event
Proof of Eligibility (Verification Documentation) for Eligible Dependents
Proof of eligibility will be required when adding a new dependent for an existing Board member and at the time of appointment for a new Board member.
The Board member shall pay any remaining balance due to the district by the first day of the month to which the premium is applicable.
Health and Welfare Benefits for Former Board Members
Former Board members may participate in the health and welfare benefits program provided for district employees under the conditions specified below.
Health and welfare benefits for former Board members shall be no greater than that received by district nonsafety employees with the most generous schedule of benefits. (Government Code 53208.5)
Because the district did not pay health and welfare benefits for former Board members before January 1, 1994, any former member retiring from the Board may continue the health and welfare benefits program at his/her own expense if coverage is in effect at the time of retirement. (Government Code 53201)
Any former Board member leaving the Board after at least one term of office may participate in the health and welfare benefits program at his/her own expense if coverage is in effect at the time of retirement. (Government Code 53201)
The benefits authorized for former Board members shall be extended at the same level to the former Board member's spouse and dependent children.
Health and welfare benefits provided to a former Board member shall be extended, at his/her expense and at the same level, to his/her spouse/registered domestic partner and eligible dependent children as specified in law and the health plan.
The surviving spouse/domestic partner of a former Board member is eligible to continue the same medical, dental and vision benefits that former Board members are offered at his/her own expense.
District retiree benefits may not be extended to a new spouse/domestic partner or their children upon the remarriage/domestic partnership of a surviving spouse.
Former Board members electing to continue coverage shall make premium payments, payable to the Third Party Administrator, by the first day of the month to which the premium is applicable.
Legal Reference:
EDUCATION CODE
33050-33053 General waiver authority
33362-33363 Reimbursement of expenses for attendance at workshops
35012 Board members; number, election and term
35044 Payment of traveling expenses of representatives of board
35120 Compensation for services as member of governing board
35172 Promotional activities
44038 Cash deposits for transportation purchased on credit
FAMILY CODE
297-297.5 Rights, protections and benefits under law; registered domestic partners
GOVERNMENT CODE
8314 Use of public resources
20322 Elective officers; election to become member
20420-20445 Membership in Public Employees' Retirement System; definition of safety employees
53200-53209 Group insurance
54952.3 Simultaneous or serial meetings; announcement of compensation
HEALTH AND SAFETY CODE
1373 Health services plan, coverage for dependent children
INSURANCE CODE
10277-10278 Group and individual health insurance, coverage for dependent children
UNITED STATES CODE, TITLE 26
403 Tax-sheltered annuities
UNITED STATES CODE, TITLE 42
18011 Right to maintain existing health coverage
CODE OF FEDERAL REGULATIONS, TITLE 26
1.403(b)-2 Tax-sheltered annuities, definition of employee
COURT DECISIONS
Thorning v. Hollister School District, (1992) 11 Cal.App.4th 1598
Board of Education of the Palo Alto Unified School District v. Superior Court of Santa Clara County, (1979) 93 Cal.App.3d 578
ATTORNEY GENERAL OPINIONS
91 Ops.Cal.Atty.Gen. 37 (2008)
83 Ops.Cal.Atty.Gen. 124 (2000)
Management Resources:
INSTITUTE FOR LOCAL GOVERNMENT PUBLICATIONS
Sample Expense and Use of Public Resources Policy Statement, January 2006
INTERNAL REVENUE SERVICE PUBLICATIONS
Tax-Sheltered Annuity Plans (403(b) Plans) for Employees of Public Schools and Certain Tax-Exempt Organizations, Publication 571, rev. February 2013
WEB SITES
CSBA: http://www.csba.org
Institute for Local Government: http://www.ca-ilg.org
Internal Revenue Service: http://www.irs.gov
Public Employees' Retirement System: http://www.calpers.ca.gov
Bylaw PETALUMA CITY SCHOOLS
adopted: October 22, 1985 Petaluma, California
revised: October 26, 2010
revised: September 27, 2011
revised: October 22, 2013
revised: August 16, 2016