Government Code — Part 24 | GOV — United States — California law | Esheria

Government Code

Part 24 of 107 · provisions 4,601–4,800

This act is named the Government Code.

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About this statute

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 19856.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Vacations [19856 - 19858.2] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

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    The department may decide how certain short payroll absences affect vacation credit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Vacations [19856 - 19858.2] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19856.1. (a) It shall be within the discretion of the department to define the effect of an absence from the payroll of 10 working days or less in any calendar month upon credit for vacation. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1983, Ch. 1040, Sec. 33.)
  2. 19857.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Vacations [19856 - 19858.2] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

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    The appointing power for certain non-civil-service officers or employees may make vacation regulations, and state officers in listed positions may not accrue paid leave.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Vacations [19856 - 19858.2] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19857. (a) The appointing power of any officer or employee not a member of the civil service may promulgate regulations governing vacations for these officers or employees. In the absence of these regulations, the rules of the department relating to the regulation and methods of accumulation of vacation for civil service employees shall govern. (b) Notwithstanding subdivision (a), no paid leave including, but not limited to, vacation, annual leave, and sick leave shall be accrued by state officers in the following positions: (1) Executive Director of the California Housing Finance Agency. (2) Director of the Office of Administrative Law. (3) Director of Emergency Medical Services Authority. (4) Executive Director of the Office of Criminal Justice Planning. (5) Director of the California Conservation Corps. (6) Director of the Arts Council. The department may adopt regulations for the application of this provision to similar positions established in the future. (Amended by Stats. 2006, Ch. 533, Sec. 14. Effective January 1, 2007.)
  3. 19858.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Vacations [19856 - 19858.2] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

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    Full-time state officers and employees earn vacation credit after six months of continuous service, at rates that increase with service length. The appointing power decides when vacation is taken, and a conflicting memorandum of understanding can control in some cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Vacations [19856 - 19858.2] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19858.1. (a) Except as provided in subdivision (c), following completion of six months of continuous service, for each completed calendar month of service, except as provided in Section 19858.2, each state officer and employee who is employed full time shall receive credit for vacation with pay in accordance with the following schedule: 1 month to 3 years ........................ 5/6 day per month 37 months to 10 years ........................ 1¼ days per month 121 months to 15 years ........................ 15/12 days per month 181 months to 24 years ........................ 17/12 days per month 289 months and over ........................ 12/3 days per month The computation of credit for the month of January 1964, and each month thereafter, shall be based upon the schedule set forth in this subdivision, except that the rate of vacation credit allowed shall not be reduced for any officer or employee employed prior to January 1, 1964. The time when vacation shall be taken shall be determined by the appointing power of the officer or employee. (b) If the provisions of subdivision (a) are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (c) Following completion of six months of continuous service, for each completed calendar month of service, except as provided in Section 19858.2, each state officer and employee who is employed full time and is either excluded from the definition of state employee in subdivision (c) of Section 3513, or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service, shall receive credit for vacation in accordance with the following schedule: 1 month to 3 years ........................ 7/8 day per month 37 months to 10 years ........................ 13/8 days per month 121 months to 15 years ........................ 15/8 days per month 181 months to 20 years ........................ 1¾ days per month 241 months to 25 years ........................ 17/8 days per month 301 months and over ........................ 2 days per month The time when vacation shall be taken shall be determined by the appointing power of the officer or employee. (Amended by Stats. 1993, Ch. 109, Sec. 6. Effective January 1, 1994.)
  4. 19858.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Vacations [19856 - 19858.2] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

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    The department may make rules to regulate and accumulate vacation credits on an hourly basis for some or all designated employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Vacations [19856 - 19858.2] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19858.2. The department may provide by rule for the regulation and accumulation of vacation credits on an hourly basis to conform to the frequency of the pay period for all or certain designated employees. For those employees whose vacation credits are accrued on an hourly basis pursuant to this section, the rate of accrual shall be in substantial proportion to the schedule provided in Section 19858.1. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  5. 19858.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2.5. Annual Leave [19858.3 - 19858.7] ( Article 2.5 added by Stats. 1986, Ch. 657, Sec. 4. )

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    This section says the annual leave article applies to several specified groups of state-related employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2.5. Annual Leave [19858.3 - 19858.7] ( Article 2.5 added by Stats. 1986, Ch. 657, Sec. 4. ) ## 19858.3. This article shall apply to all of the following: (a) Employees who are excluded from the definition of “state employee” in subdivision (c) of Section 3513. (b) Nonelected officers of the executive branch of government exempt from civil service designated by the department as eligible to receive managerial benefits. (c) A State Traffic Sergeant in the California Highway Patrol. (d) Commencing January 1, 1989, employees in a state bargaining unit for which a memorandum of understanding has been agreed to by the state employer and the recognized employee organization to be subject to this article and has been approved by the Legislature pursuant to law. (Amended by Stats. 1999, Ch. 457, Sec. 5. Effective September 21, 1999.)
  6. 19858.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2.5. Annual Leave [19858.3 - 19858.7] ( Article 2.5 added by Stats. 1986, Ch. 657, Sec. 4. )

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    Eligible employees may choose an annual leave program instead of certain sick leave and vacation provisions, and covered employees earn annual leave credits under the section’s schedule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2.5. Annual Leave [19858.3 - 19858.7] ( Article 2.5 added by Stats. 1986, Ch. 657, Sec. 4. ) ## 19858.4. In lieu of the sick leave and vacation provisions of Sections 19858.1 and 19859, eligible employees, as defined by subdivisions (a), (b), and (c) of Section 19858.3, may elect to participate in an annual leave program. Each employee who has elected to participate in the annual leave program and who is employed full time shall receive credit for annual leave with pay in accordance with the following schedule: 1 month to 3 years ........................ 11 hours per month 37 months to 10 years ........................ 15 hours per month 121 months to 15 years ........................ 17 hours per month 181 months to 20 years ........................ 18 hours per month 241 months to 25 years ........................ 19 hours per month 301 months and over ........................ 20 hours per month Part-time and hourly employees shall accrue proportional annual leave credits based on the schedule in this section. The time when annual leave shall be taken shall be determined by the appointing power of the officer or employee. Employees shall have use of any accrued sick leave they have accrued at the time they elect the annual leave program under the same conditions as other employees not participating in the program. The department shall provide by rule for the regulation and accumulation of annual leave, the effect of an absence from the payroll of 10 work days or less in any calendar month upon credit for annual leave, methods by which employees leaving the employment of one state agency and entering the employment of another state agency may be compensated for, transfer, or otherwise receive proper credit for, their accumulated annual leave, and other provisions necessary for the administration of this section. (Amended by Stats. 1999, Ch. 457, Sec. 6. Effective September 21, 1999.)
  7. 19858.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2.5. Annual Leave [19858.3 - 19858.7] ( Article 2.5 added by Stats. 1986, Ch. 657, Sec. 4. )

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    Eligible employees may join an annual leave program, and covered employees earn annual leave credits under the section’s schedule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2.5. Annual Leave [19858.3 - 19858.7] ( Article 2.5 added by Stats. 1986, Ch. 657, Sec. 4. ) ## 19858.5. In lieu of sick leave and vacation provisions of Sections 19858.1 and 19859, eligible employees, as defined by subdivision (d) of Section 19858.3, may participate in an annual leave program subject to the conditions of the appropriate memorandum of understanding. Each employee who participates in the annual leave program and who is employed full time shall receive credit for annual leave with pay in accordance with the following schedule: 1 month to 3 years ........................ 11 hours per month 37 months to 10 years ........................ 14 hours per month 121 months to 15 years ........................ 16 hours per month 181 months to 20 years ........................ 17 hours per month 241 months and over ........................ 18 hours per month Part-time and hourly employees shall accrue proportional annual leave credits based on the schedule in this section. The time when annual leave shall be taken shall be determined by the appointing power of the officer or employee. Employees shall have use of any accrued sick leave they have accrued at the time they elect the annual leave program under the same conditions as other employees not participating in the program. The department shall provide by rule for the regulation and accumulation of annual leave, the effect of an absence from the payroll of 10 work days or less in any calendar month upon credit for annual leave, methods by which employees leaving the employment of one state agency and entering the employment of another state agency may be compensated for, transfer, or otherwise receive proper credit for, their accumulated annual leave, and other provisions necessary for the administration of this section. (Amended by Stats. 1999, Ch. 457, Sec. 7. Effective September 21, 1999.)
  8. 19858.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2.5. Annual Leave [19858.3 - 19858.7] ( Article 2.5 added by Stats. 1986, Ch. 657, Sec. 4. )

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    A retiring employee who is entitled to a lump-sum payment for unused annual leave may choose to take the leave instead of the payment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2.5. Annual Leave [19858.3 - 19858.7] ( Article 2.5 added by Stats. 1986, Ch. 657, Sec. 4. ) ## 19858.7. Notwithstanding Section 19839, upon applying for retirement, a person entitled to a lump-sum payment for any unused or accumulated annual leave may elect to take all or any portion of that annual leave rather than accept the lump-sum payment on or prior to the effective date of retirement. (Added by Stats. 1991, Ch. 1108, Sec. 1. Effective October 14, 1991.)
  9. 19859.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

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    This section gives qualifying state officers and employees paid sick-leave credit, including extra leave for certain veterans with service-connected disabilities, and sets rules for department administration and reporting.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19859. (a) Following completion of one month of continuous service, except as otherwise provided in Section 19863.1, each state officer and employee who is employed full time shall be allowed one day of credit for sick leave with pay. Thereafter, for each additional calendar month of service, except as provided in Section 19861, one day of credit for sick leave with pay shall be allowed. Each state officer or employee is entitled to this leave with pay, on the submission of satisfactory proof of the necessity for sick leave as provided by rule of the department. For purposes of computing sick leave, each employee shall be considered to work not more than five days each week. The department shall provide by rule for the regulation and method of accumulation of sick leave for civil service employees, and may provide sick leave for those who work less than full time. Subject to department rule, sick leave may be granted to employees for the purpose of physical examinations. (b) (1) In addition to any other entitlement for sick leave with pay, a state officer or employee hired on or after, or employed on or after, January 1, 2016, who is a veteran with a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs shall be entitled to additional credit for sick leave with pay of up to 96 hours for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability. Credit for sick leave granted under this paragraph shall be credited to a qualifying officer or employee on the effective date of the officer’s or employee’s disability rating decision from the United States Department of Veterans Affairs, or on the first day the officer or employee begins, or returns to, employment after active duty, whichever is later, and shall remain available for use for the following 12 months of employment. Sick leave credited pursuant to this subdivision that is not used during the 12-month period shall not be carried over and shall be forfeited. Submission of satisfactory proof that sick leave granted under this paragraph is used for treatment of a service-connected disability may be required pursuant to rules adopted by the department. (2) Notwithstanding paragraph (1), credit for leave of absence for illness or injury granted under this subdivision shall be credited to an officer or employee on the date the officer or employee receives confirmation of submission of his or her disability application to the United States Department of Veterans Affairs. When the officer or employee receives his or her disability rating decision from the United States Department of Veterans Affairs, he or she shall report that information to the employer. If the officer’s or employee’s disability rating decision makes the employee ineligible pursuant to paragraph (1), the employer may change the leave of absence for illness or injury time used before the disability rating decision to an alternative leave balance. If the officer’s or employee’s disability rating decision makes him or her eligible pursuant to paragraph (1), the officer or employee shall be entitled to up to 96 hours, pursuant to paragraph (1), for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability minus the time used before the disability rating decision, for the 12-month period beginning with the confirmation of submission of his or her disability application. (3) In addition to any other entitlement for sick leave with pay, a state officer or employee who serves as a member of the National Guard or federal military reserve force who is called up to active service and as a result sustains a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs shall be entitled to additional credit for sick leave with pay of up to 96 hours for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability. Credit for sick leave granted under this paragraph shall be credited to a qualifying officer or employee on the effective date of the employee’s disability rating decision from the United States Department of Veterans Affairs or on the first day that the qualifying employee begins, or returns to, employment after active duty, whichever is later, and shall remain available for use for the following 12 months of employment. Sick leave credited under this paragraph that is not used during the 12-month period shall not be carried over and shall be forfeited. Submission of satisfactory proof that sick leave granted under this paragraph is used for treatment of a service-connected disability may be required pursuant to rules adopted by the department. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (d) Any sick leave credited pursuant to subdivision (b) shall be ineligible for conversion to service credit pursuant to Section 20963. (Amended by Stats. 2018, Ch. 516, Sec. 1. (SB 1312) Effective January 1, 2019.)
  10. 19859.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

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    Certain eligible permanent employees are entitled to paid bereavement leave, with notice and proof required, and limited additional leave options.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19859.3. (a) Any permanent employee who is either excluded from the definition of state employee in subdivision (c) of Section 3513, or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service, shall be granted bereavement leave with pay for the death of a person related by blood, adoption, or marriage, or any person residing in the immediate household of the employee at the time of death. The employee shall give advance notice to the employee’s immediate supervisor and shall provide substantiation to support the request. (b) For any one occurrence, the bereavement leave shall not exceed three days with pay. However, a request for two additional days of bereavement leave shall be granted, at the option of the employee, as either without pay or as a charge against any accrued sick leave credit. (c) If additional bereavement leave is necessary, the employee may use accrued vacation, compensating time off, or take an authorized leave without pay, subject to the approval of the appointing power. (Amended by Stats. 2022, Ch. 767, Sec. 3. (AB 1949) Effective January 1, 2023.)
  11. 19860.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may make rules for sick leave credits and their accumulation on an hourly basis for all or some designated employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19860. The department may provide by rule for the regulation and accumulation of sick leave credits on an hourly basis for all or certain designated employees. The rate of accrual shall be substantially proportionate to eight hours per month, with amounts earned credited at the end of each month or substantially similar period. (Amended by Stats. 2024, Ch. 52, Sec. 13. (AB 171) Effective July 2, 2024.)
  12. 19861.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may define how a short payroll absence affects sick leave credit. If this section conflicts with a memorandum of understanding under Section 3517.5, the memorandum controls, unless it requires spending funds and then needs approval in the annual Budget Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19861. (a) It shall be within the discretion of the department to define the effect of an absence from the payroll of 10 working days or less in any calendar month upon credit for sick leave. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1983, Ch. 1040, Sec. 37.)
  13. 19862.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Sick leave may be accumulated, but no additional paid sick leave beyond what has been accumulated may be granted except as provided in Section 19863.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19862. (a) Sick leave may be accumulated, and no additional sick leave with pay beyond that accumulated shall be granted, except as provided in Section 19863. 1. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1983, Ch. 1040, Sec. 38.)
  14. 19862.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may, by rule, credit unused sick leave to a former exempt state employee’s sick leave account if the person returns to state service within six months, and the credit cannot be more than civil service would have allowed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19862.1. (a) The department may provide by rule for crediting to the sick leave account of an employee formerly employed in a state position exempt from civil service any unused sick leave standing to the employee’s credit at the time of separation from such a position; provided, the employee entered other state service not more than six months after separating from his exempt employment; and provided, such credit may not exceed the amount it would have been if such employment had been in the state civil service. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  15. 19863.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section gives certain state officers and employees leave and disability benefit rules when they are or may be entitled to temporary disability indemnity.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19863. (a) Except as provided in Article 4 (commencing with Section 19869), a state officer or employee who is or may be entitled to temporary disability indemnity under Division 4 (commencing with Section 3200) or Division 4.5 (commencing with Section 6100) of the Labor Code shall receive any accumulated sick leave, or accumulated compensable overtime, or accumulated vacation, or accumulated annual leave for the absence. The appointing power shall decrease the charge of sick leave, or compensable overtime, or vacation, or annual leave in the amount of temporary disability payment received so that the state officer or employee shall not receive payment in excess of full salary or wage. If a state officer or employee does not wish to use his or her accumulated sick leave, or accumulated compensable overtime, or accumulated vacation, or accumulated annual leave, he or she shall notify his or her appointing power within 15 days after the injury is reported to the appointing power. After the 15 days his or her accumulations shall be used until the date he or she notifies the appointing power in writing that he or she no longer wishes to use the accumulations. When computing sick leave, or overtime, or vacation, or annual leave under this section the employee shall be given credit for any holidays that occur during the period of absence hereunder. He or she is nevertheless entitled to medical, surgical, and hospital treatment as provided in the Labor Code. When his or her accumulated sick leave, or overtime, or vacation, or annual leave, or all, are exhausted, he or she is still entitled to receive disability indemnity. (b) State officers and employees who are covered by Article 4 (commencing with Section 19869) shall be entitled to industrial and temporary disability benefits only as provided by that article. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1994, Ch. 1027, Sec. 1. Effective January 1, 1995.)
  16. 19863.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Eligible state officers and employees keep earning sick leave and vacation or annual leave while receiving certain disability-related benefits, and they may add leave credits to those payments, subject to a pay cap.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19863.1. (a) Notwithstanding any other provision of the law to the contrary, a state officer or employee who is entitled to temporary disability indemnity or vocational rehabilitation maintenance allowance under Division 4 (commencing with Section 3200) or Division 4.5 (commencing with Section 6100) of the Labor Code as a result of an industrial accident or injury shall earn sick leave and vacation leave or annual leave as though the employee was working. The state officer or employee who is receiving temporary disability or vocational rehabilitation maintenance allowance shall be permitted to supplement the payments with any form of leave credits. Supplementation of leave credits combined with vocational rehabilitation maintenance allowance shall not exceed the employee’s full pay less mandatory withholdings. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1999, Ch. 457, Sec. 9. Effective September 21, 1999.)
  17. 19864.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may, by rule, allow sick leave or annual leave without pay for employees who have used up all paid sick or annual leave.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19864. (a) The department may provide by rule for sick leave or annual leave without pay for those employees who have used all sick leave or annual leave with pay to which they are entitled. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1986, Ch. 657, Sec. 6.)
  18. 19865.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Certain state employees who are inmates or members of a state institution cannot be paid for absences caused by sickness.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19865. No state employee who is an inmate or member of any state institution and who is employed on a full or part time basis shall be entitled to receive pay for any absence attributable to sickness. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  19. 19865.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If an employee uses sick, vacation, or annual leave for a compensable injury and the state is reimbursed by a third party, the state must restore equivalent leave credit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19865.1. When an employee uses sick leave, vacation, annual leave, or any combination of these, because of an injury compensable under the Labor Code, and the state is reimbursed by a third person for its damages by reason of such use, there shall be granted, for credit to the employee’s sick leave or vacation or annual leave account, sick leave or vacation or annual leave equivalent to the amount so used or proportionately if reimbursement is only in part. If the state does not collect from the third person the full amount of the compensation paid and other damages for which it is liable to the employee and if the amount collected is not itemized so that there may be ascertained the amount collected in reimbursement for the sick leave or vacation or annual leave used, the sick leave or vacation or annual leave to be credited shall be in the same ratio to the sick leave or vacation or annual leave used as the total amount collected bears to the total amount of the state’s damages. “Sick leave” or “vacation” or “annual leave” as used in this rule includes sick leave or vacation or annual leave credit used to augment disability indemnity. (Amended by Stats. 1986, Ch. 657, Sec. 7.)
  20. 19866.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The appointing power must administer sick leave for non-civil-service officers or employees under department rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19866. (a) The appointing power of any officer or employee not a member of the civil service shall administer the sick leave authorized by this part for the officers or employees in accordance with the rules of the department. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1983, Ch. 1040, Sec. 41.)
  21. 19867.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    State employees may enroll in certain long-term care insurance plans if they are not available within one year after the first enrollment offer, and the Department of Human Resources may contract to let eligible state employees and certain family members enroll.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19867. (a) The Legislature finds and declares that the interests of the state would be served by the Department of Human Resources meeting and conferring with the exclusive representatives of the various bargaining units to discuss the establishment of long-term care benefits for state employees. (b) If long-term care insurance plans are not available to state employees within one year following the date on which any long-term care plan is first offered for enrollment by the Board of Administration of the Public Employees’ Retirement System, state employees may enroll in the long-term care insurance plans offered by the Board of Administration of the Public Employees’ Retirement System. (c) If subdivision (b) is in conflict with a memorandum of understanding entered into pursuant to Section 3517.5, the memorandum of understanding shall prevail and control without further legislative action, except that if the prevailing provisions of a memorandum of understanding require the expenditure of funds, these provisions may not become effective unless approved by the Legislature in the annual Budget Act. (d) The Department of Human Resources may enter into contracts with the Board of Administration of the Public Employees’ Retirement System to allow active eligible state employees, and their spouses and parents, to enroll in any long-term care insurance plans offered by the board of administration. (Amended by Stats. 2012, Ch. 665, Sec. 105. (SB 1308) Effective January 1, 2013.)
  22. 19868.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Certain transferred state health employees may keep and use unused sick leave for a limited period, and may later use a state reserve sick leave account when county leave is exhausted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19868. Any employee of the State Department of Health performing functions which, prior to July 1, 1973, were vested in the Department of Mental Hygiene and who is transferred on and after July 1, 1972, to county or local mental health programs as a result of state hospital closures or scheduled state hospital closures or as a result of a county undertaking the performance of mental health functions previously performed by the State Department of Health shall be entitled while employed in a county or local mental health program, to use for a period of five years following transfer any unused sick leave balance the employee had accumulated while in state employment and had remaining to his or her credit at the time of termination of state employment. Such sick leave shall be held in a reserve account by the state to be used, if necessary, only at such time as the transferred employee’s sick leave benefits accrued as a county employee become exhausted. When county sick leave benefits are exhausted such employee shall be entitled to utilize his or her state reserve account sick leave, until exhausted. The state reserve account for sick leave shall be administered according to the sick leave provisions of Division 5 (commencing with Section 18000) of Title 2 and corresponding department rules. Upon reemployment with the state, a transferred employee’s sick leave credits will be reduced by the number of hours used from the state reserve during his or her employment in the county or local mental health program. The cost of preserving and paying for the state reserve account sick leave shall be totally funded by the state. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  23. 19868.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    For these listed sections, sick leave benefits for state employees are treated as compensation paid for approved leave because of sickness.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19868.1. For the purposes of Sections 19859, 19860, 19861, 19862, 19862.1, 19863, 19863.1, 19864, 19865.1, 19866, and 19868, sick leave benefits provided to state employees pursuant to the state sick leave system shall be construed to mean compensation paid to employees on approved leaves of absence on account of sickness. (Amended by Stats. 1983, Ch. 1040, Sec. 43.)
  24. 19868.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Sick leave benefits for state employees are to be treated as compensation for approved leave due to sickness.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19868.2. Notwithstanding any other provision of law to the contrary, whenever sick leave benefits are provided to state employees pursuant to the state sick leave system, such benefits shall be construed to mean compensation paid to employees on approved leaves of absence on account of sickness. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  25. 19868.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Covered transferred employees may use unused state sick leave for five years after transfer, and the state funds and administers the reserve account.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Sick Leave [19859 - 19868.3] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19868.3. Any employee of the State Department of Developmental Services performing functions which, prior to September 9, 1981, were vested in the State Department of Developmental Services, and who is transferred on or after September 9, 1981, to a regional center for the developmentally disabled as a result of a regional center undertaking the performance of developmental service functions previously performed by the department, shall be entitled, while employed in a regional center, to use for a period of five years following transfer any unused sick leave balance the employee had accumulated while in state employment and had remaining to his or her credit at the time of termination of state employment. This sick leave shall be held in a reserve account by the state to be used, if necessary, only at such time as the transferred employee’s sick leave benefits accrued as a regional center employee become exhausted. When regional center sick leave benefits are exhausted, the employee shall be entitled to utilize his or her state reserve account sick leave until exhausted. The state reserve account for sick leave shall be administered according to the sick leave provisions of this article and corresponding department rules. Upon reemployment with the state, a transferred employee’s sick leave credits shall be reduced by the number of hours used from the state reserve during his or her employment in the regional center. The cost of preserving and paying for the state reserve account sick leave shall be totally funded by the state. (Added by Stats. 1982, Ch. 1095, Sec. 17.5.)
  26. 19869.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This article applies to certain state officers and employees, including some public retirement system members and some Legislature employees, but not to employees covered by a specified Labor Code article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19869. This article applies to state officers and employees who are members of the Public Employees’ Retirement System or the State Teachers’ Retirement System in compensated employment on and after the effective date of this article and to state officers and employees, whether or not members of such systems, who are employees of the Legislature and are not members of the civil service. This article does not apply to state officers and employees who are included in the provisions of Article 6 (commencing with Section 4800) of Chapter 2 of Part 2 of Division 4 of the Labor Code. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  27. 19870.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section defines industrial disability leave, full pay, and nonrepresented employee, and says a conflicting memorandum of understanding controls unless fund-expenditure provisions need approval in the annual Budget Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19870. As used in this article: (a) “Industrial disability leave” means temporary disability as defined in Divisions 4 (commencing with Section 3201) and 4.5 (commencing with Section 6100) of the Labor Code and includes any period in which the disability is permanent and stationary and the disabled employee is undergoing vocational rehabilitation. (b) “Full pay” means the gross base salary earnable by the employee and subject to retirement contribution if he had not vacated his position. (c) “Nonrepresented employee” means an employee who is excluded from, or not otherwise subject to, collective bargaining, and who is employed in a class which has been designated by the director as being entitled to the enhanced benefits provided by Section 19871.2 due to the relationship of that class to represented classes who are entitled to the enhanced benefits pursuant to a memorandum of understanding. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1984, Ch. 1190, Sec. 1. Effective September 17, 1984.)
  28. 19871.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    A qualifying state officer or employee who is temporarily disabled by a work-related illness or injury is entitled to industrial disability leave and payments, subject to listed exceptions and payment rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19871. (a) Except as provided in Section 19871.2 or 19871.3, when a state officer or employee is temporarily disabled by illness or injury arising out of and in the course of state employment, he or she shall become entitled, regardless of his or her period of service, to receive industrial disability leave and payments for a period not exceeding 52 weeks within two years from the first day of disability. These payments shall be in the amount of the employees full pay less withholding based on his or her exemptions in effect on the date of his or her disability for federal income taxes, state income taxes, and social security taxes not to exceed 22 working days of disability subject to Section 19875. Thereafter, the payment shall be two-thirds of full pay. Payments shall be additionally adjusted to offset disability benefits, excluding those disability benefits payable from the State Teachers’ Retirement System, the employee may receive from other employer-subsidized programs, except that no adjustment may be made for benefits to which the employee’s family is entitled up to a maximum of three-quarters of full pay. Contributions to the Public Employees’ Retirement System or the State Teachers’ Retirement System shall be deducted in the amount based on full pay. Discretionary deductions of the employee including those for coverage under a state health benefits plan in which the employee is enrolled shall continue to be deducted unless canceled by the employee. State employer contributions to the Public Employees’ Retirement System and state employer normal retirement contributions to the State Teachers’ Retirement System shall be made on the basis of full pay and the state contribution pursuant to Sections 22871 and 22885 because of the employee’s enrollment in a health benefits plan shall continue. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2017, Ch. 857, Sec. 1. (SB 334) Effective January 1, 2018.)
  29. 19871.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    State officers or employees receiving industrial disability leave benefits must keep receiving the employee benefits they would have had without the disability.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19871.1. (a) A state officer or employee who is receiving industrial disability leave benefits, shall continue to receive all employee benefits which he or she would have received had he or she not incurred disability. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  30. 19871.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Excluded employees who are temporarily disabled for more than 22 consecutive working days by a qualifying injury must receive an enhanced industrial disability leave benefit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19871.2. When an excluded employee is temporarily disabled for more than 22 consecutive working days by an injury or type of injury designated by the director as qualifying an employee for the benefits of this section, he or she shall receive an enhanced industrial disability leave benefit. The enhanced benefit shall be equivalent to the injured employee’s net take home salary on the date of occurrence of injury. Eligibility and benefits may not exceed 52 weeks within a two-year period after the date of occurrence of the injury. For the purposes of this section, “net salary” means the amount of salary received after federal income tax, state income tax, and the employee’s retirement contribution has been deducted from the employee’s gross salary. The final decision as to whether an employee is eligible for, or continues to be eligible for, enhanced benefits shall rest with the appointing authority or his or her designee. The appointing authority may periodically review the employee’s condition by any means necessary to determine an employee’s continued eligibility for enhanced benefits. (Amended by Stats. 1999, Ch. 272, Sec. 2. Effective August 31, 1999.)
  31. 19871.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Certain State Bargaining Unit 8 employees who are temporarily disabled by work-related illness or injury must receive an enhanced industrial disability leave benefit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19871.3. (a) If an employee who is a member of State Bargaining Unit 8 is temporarily disabled by illness or injury arising out of and in the course of state employment, he or she shall receive an enhanced industrial disability leave benefit. The enhanced industrial disability leave benefit shall be equivalent to the injured employee’s net salary, including any increases the employee would have received during the leave. The benefit may not exceed 52 weeks after the date of the occurrence of the injury or illness or until the date the injury or illness is declared permanent and stationary, whichever is earlier. (b) Notwithstanding the above 52-week limitation, an employee described in subdivision (a) whose injuries are burn-related may receive the benefit described in subdivision (a) for a period not to exceed 156 weeks after the date of the occurrence of the injury or illness or until the date the injury or illness is declared permanent and stationary, whichever is earlier. (c) For purposes of this section, “net salary” means the amount of salary received after federal income tax, state income tax, and the employee’s retirement contribution has been deducted from the employee’s gross salary. (Amended by Stats. 2018, Ch. 897, Sec. 1. (SB 1144) Effective January 1, 2019.)
  32. 19872.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    A disabled employee cannot receive certain paid leave or disability benefits for the same period, but an employee may start supplementing industrial disability leave with accrued leave credits from the 23rd workday.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19872. (a) The disabled employee shall not receive temporary disability indemnity or sick leave or annual leave with pay for any period for which he or she receives industrial disability leave. (b) Notwithstanding subdivision (a), an employee may elect to supplement industrial disability leave payments from the 23rd workday with accrued leave credits including annual leave, vacation, sick leave, or compensatory time off (CTO) in an amount necessary to approximate the employee’s full net pay. Partial supplementation shall be allowed, but fractions of less than one hour shall not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts shall be made on a prospective basis only. The department may adopt rules for the administration and enforcement of this subdivision. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1994, Ch. 1027, Sec. 3. Effective January 1, 1995.)
  33. 19873.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section says Labor Code Division 4.7 does not apply to the employees covered by this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19873. (a) Division 4.7 (commencing with Section 6200) of the Labor Code shall not apply to employees to which this article applies. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  34. 19874.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    An employee who remains temporarily disabled after benefits end under this article is entitled to certain Labor Code benefits and payments. If this section conflicts with a memorandum of understanding, the memorandum controls, unless funding it requires approval in the annual Budget Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19874. (a) If the employee continues to be temporarily disabled after termination of benefits under this article, he or she shall be entitled to the benefits provided by Divisions 4 (commencing with Section 3201) and 4.5 (commencing with Section 6100) of the Labor Code and to payments under Section 19863. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  35. 19875.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Employees with a temporary disability from illness or injury are placed on industrial disability leave starting on the fourth calendar day after leaving work, with earlier leave for serious injuries or hospitalization.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19875. (a) If an illness or injury causes temporary disability, the employee shall be placed on industrial disability leave on the fourth calendar day after the injured employee leaves work as a result of the illness or injury, except that in case the injury causes disability of more than 14 days or necessitates hospitalization, the employee shall be placed on industrial disability leave from the first day he or she leaves work or is hospitalized as a result of the injury. (b) Notwithstanding subdivision (a), in the case of state civil service employees and employees of the Regents of the University of California, the disability payment shall be made from the first day the injured employee leaves work as a result of the injury, if the injury is the result of a criminal act of violence against the employee. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1988, Ch. 670, Sec. 5.)
  36. 19876.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Payments are conditioned on complete medical certification, and on the employee agreeing to cooperate in a reasonable vocational rehabilitation plan when provided and medically approved.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19876. (a) Payments shall be contingent on the complete medical certification of the illness or injury including diagnosis and any prognosis of recovery. Further, payments shall be contingent on the employee’s agreement to cooperate and participate in a reasonable and appropriate vocational rehabilitation plan when furnished by the state subject to appropriate medical approval as determined by the department. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1988, Ch. 670, Sec. 6.)
  37. 19876.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Some injured state employees must be evaluated before receiving vocational rehabilitation-related disability benefits, and benefits depend on their cooperation with a rehabilitation plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19876.5. State employees in state bargaining units 1, 4, 15, 18, and 20 who suffer a job-related injury or illness and become eligible for vocational rehabilitation under Section 139.5 of the Labor Code on or after January 1, 1993, shall first be subject to an evaluation to determine what type of state employment can be performed. The evaluation shall include vocational rehabilitation when deemed appropriate, based on a medical evaluation and previous experience. Disability benefits shall be contingent on the employee’s agreement to cooperate and participate in a reasonable and appropriate vocational rehabilitation plan necessary to continue state employment. This section shall not apply to any job-related or job-incurred injury or illness that occurs on or after January 1, 2000. (Amended by Stats. 2000, Ch. 402, Sec. 10. Effective September 11, 2000. Applicable from January 1, 2000, by Sec. 22 of Ch. 402.)
  38. 19877.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department, and certain appointing powers, must adopt rules and regulations needed to administer this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19877. The department shall adopt any rules and regulations necessary for the administration of this article. The appointing power of any officer or employee not a member of the civil service shall adopt any rules and regulations necessary for the administration of this article for such officers or employees. (Amended by Stats. 1988, Ch. 670, Sec. 7.)
  39. 19877.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section says the article becomes effective when applicable rules and regulations are adopted, but no later than January 1, 1975. It also says a conflicting memorandum of understanding controls, unless it requires spending money, in which case legislative Budget Act approval is needed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Industrial Disability Leave [19869 - 19877.1] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19877.1. (a) The provisions of this article shall be effective upon the adoption of applicable rules and regulations, but not later than January 1, 1975. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  40. 19878.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section defines key terms for nonindustrial disability leave and related benefits, and it requires certain career executive assignment claimants to file a completed claim within 41 days after the subparagraph’s effective date.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19878. (a) As used in this article: (1) “Appeals board” means the California Unemployment Insurance Appeals Board. (2) “Disability” or “disabled” includes mental or physical illness and mental or physical injury, including any illness or injury resulting from pregnancy, childbirth, or related medical condition. An employee is deemed disabled on any day in which, because of the employee’s physical, mental, or medical condition, the employee is unable to perform their regular or customary work. (3) “Disability benefit period,” with respect to any individual, means the continuous period of disability beginning with the first day with respect to which the individual files a valid claim for nonindustrial disability benefits or Nonindustrial Disability Insurance Family Care Leave benefits. For the purposes of this article, two consecutive periods of disability due to the same or related cause or condition and separated by a period of not more than 14 days shall be considered as one disability benefit period. (4) “Employee” means any of the following: (A) A permanent or probationary full-time state officer or employee, regardless of period of service, who is a member of the Public Employees’ Retirement System or the State Teachers’ Retirement System in compensated employment on and after October 1, 1976. Commencing January 1, 1979, it also means a full-time state officer or employee, whether or not a member of those systems, who is an employee of the Legislature and is not a member of the civil service. (B) A permanent or probationary part-time or intermittent state officer or employee, with at least the equivalent of six compensated calendar months of service in the 18 calendar months immediately preceding the pay period in which the disability begins, who is a member of the Public Employees’ Retirement System or the State Teachers’ Retirement System, in compensated employment on or after January 1, 1979, or a part-time or intermittent employee of the Legislature, whether or not a member of the Public Employees’ Retirement System, in compensated employment on or after January 1, 1984. (C) (i) Effective October 1, 2025, for a disability benefit period commencing on or after July 1, 2025, a state officer or employee appointed to a career executive assignment pursuant to Article 9 (commencing with Section 19889). (ii) Notwithstanding Section 19884, a state officer or employee appointed to a career executive assignment claiming benefits for a disability benefit period commencing between July 1, 2025 and October 1, 2025, must file a completed claim no later than 41 days following the effective date of this subparagraph. (5) “Full pay” means the gross base salary earnable by the employee, and subject to retirement contribution on the date of the commencement of the employee’s disability. (6) “Nonindustrial Disability Insurance Family Care Leave” has the same meaning as “family care leave” as defined in Section 3302 of the Unemployment Insurance Code. The definitions of terms in Section 3302 of the Unemployment Insurance Code that are relevant for purposes of the definition of “family care leave” in that section shall also apply. “Nonindustrial Disability Insurance Family Care Leave” shall also include for these purposes qualifying exigency leave as described in Section 3302.2 of the Unemployment Insurance Code. (7) “Nonindustrial Disability Insurance Family Care Leave benefits” or “Family Care Leave benefits” means benefits authorized by Section 19878.5. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2025, Ch. 23, Sec. 1. (SB 129) Effective June 30, 2025.)
  41. 19878.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    An eligible employee may receive up to six weeks of benefits in a 12-month period for Nonindustrial Disability Insurance Family Care Leave.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19878.5. (a) For purposes of this article relating to Nonindustrial Disability Insurance Family Care Leave, an “eligible employee” is either of the following: (1) An employee excluded from the definition of “state employee” in subdivision (c) of Section 3513 or a nonelected officer of the executive branch exempt from civil service and eligible for managerial benefits, who has enrolled in the annual leave program under Article 2.5 (commencing with Section 19858.3). (2) An employee enrolled in the annual leave program and represented by a specific bargaining unit that has Nonindustrial Disability Insurance Family Care Leave language in a ratified memorandum of understanding approved by the Legislature pursuant to law. (b) An eligible employee shall be entitled to receive up to six weeks of benefits during a 12-month period for Nonindustrial Disability Insurance Family Care Leave in accordance with this article. (Amended by Stats. 2023, Ch. 197, Sec. 10. (SB 148) Effective September 13, 2023.)
  42. 19879.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Disabled employees may receive nonindustrial disability benefits equal to half pay, capped at $125 per week for up to 26 weeks, subject to this article and ending on death, separation, or retirement from state service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19879. (a) When an employee is disabled, whether temporarily or permanently, the employee shall become entitled, subject to this article, to receive nonindustrial disability benefits in an amount equal to one-half full pay, but not to exceed one hundred twenty-five dollars ($125) per week, payable for a period not exceeding 26 weeks for any one disability benefit period, but in no case shall benefits be payable for any day on and after death or separation or retirement from state service. (b) For purposes of this section, the “full pay” of a part-time or intermittent employee only shall be established in accordance with the following: (1) Where the part-time employment is regularly scheduled and is a fixed proportion of the established workweek, the payments shall be determined on the basis of that proportionate part of the full-time rate. (2) Where employment is intermittent or irregular, the payments shall be determined on the basis of the proportionate part of a full-time rate established by the total hours actually employed in the 18 calendar months immediately preceding the pay period in which the disability begins as compared to the regular rate for a full-time employee in the same group or class. (c) If the provisions of this section conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (d) This section shall also apply to employees who are either excluded from the definition of a state employee in subdivision (c) of Section 3513, or are nonelected officers or employees of the executive branch of government who are not members of the civil service, except that the maximum weekly payment shall be established by regulation adopted by the department. (Amended by Stats. 2024, Ch. 52, Sec. 15. (AB 171) Effective July 2, 2024.)
  43. 19879.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section sets eligibility and payment rules for nonindustrial disability leave and family care leave, including 50% pay benefits, leave substitution options, a return-to-work option, and termination if an offered return-to-work position is refused.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19879.1. (a) For the purpose of this section relating to nonindustrial disability leave benefits, an eligible employee is an employee defined by Section 19858.3. (b) Notwithstanding any other provision of this article, an eligible employee who has enrolled in the annual leave program under Article 2.5 (commencing with Section 19858.3) shall receive nonindustrial disability leave benefits or Family Care Leave benefits under this article in accordance with all of the following: (1) A disabled employee shall be eligible to receive Nonindustrial Disability Insurance benefits in an amount equal to one-half full pay, 50 percent of gross salary. An employee covered by Section 19878.5 shall be eligible to receive Nonindustrial Disability Insurance Family Care Leave benefits in an amount equal to one-half full pay, 50 percent of gross salary. (2) A disabled employee or an employee covered by Section 19878.5 shall be eligible to receive benefits described in paragraph (1) without being required to use any sick leave accrued under Article 3 (commencing with Section 19859) or annual leave accrued under Article 2.5 (commencing with Section 19858.3) unless the employee, in the employee’s sole discretion, elects to use sick leave or annual leave in lieu of receiving benefits. (3) If the employee elects to use sick leave or annual leave credits prior to receiving payments, the employee shall not be required to exhaust the accrued leave balance. (4) Following the start of payments, an employee may at any time change from the receipt of payments to the utilization of sick leave or annual leave. Once this election is made, the employee shall not recommence receiving payments until that leave is exhausted. (5) In accordance with the state’s return to work policy, a disabled employee who is eligible to receive Nonindustrial Disability Insurance benefits and who is medically certified as unable to return to the employee’s full-time work during the period of their disability, may, with medical approval, and at the discretion of the employee’s appointing power, work up to the number of hours, in hour increments, which when combined with the employee’s Nonindustrial Disability Insurance benefits will result in a salary that does not exceed 100 percent of their regular full pay. (6) If a disabled employee refuses to return to work in a position offered by the employer under the state’s Injured State Worker Assistance Program, Nonindustrial Disability Insurance benefits shall be terminated effective as of the date of the offer. (7) An employee, with their department head’s approval, may elect to supplement benefits described in paragraph (1) with sick or annual leave up to 100 percent of their regular full pay. (Amended by Stats. 2019, Ch. 24, Sec. 11. (SB 83) Effective June 27, 2019.)
  44. 19880.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Certain disabled employees may receive nonindustrial disability or family care leave benefits if they meet listed eligibility conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19880. (a) A disabled employee or an employee covered by Section 19878.5 is eligible to receive nonindustrial disability benefits or Family Care Leave benefits, as applicable, under this article, equal to one-seventh of the employee’s weekly benefit amount specified in Section 19879 for each full day during which the employee is unemployed due to their own disability, or due to Nonindustrial Disability Insurance Family Care Leave, only if the Director of Employment Development finds that: (1) The employee has made a claim for benefits as required by authorized regulations. (2) A disabled employee has been disabled for a waiting period of seven consecutive days during each disability benefit period, with respect to which waiting period no benefits under this article are payable, except for confinement in a hospital or nursing home for at least one day. (3) The employee has exhausted all the leave to which the employee was entitled under Article 3 (commencing with Section 19859). A person who elects to use vacation credits or sick leave credits prior to receiving nonindustrial disability benefits is not required to exhaust the leave, as described in this subdivision, if the person is a permanent employee who meets any of the following criteria: (A) Is excluded from the definition of state employee contained in subdivision (c) of Section 3513. (B) Is a nonelected officer or employee of the executive branch of state government and is not a member of the civil service. (4) Except for an individual described in Section 2709 of the Unemployment Insurance Code, a disabled individual has submitted to any reasonable examinations as the Director of Employment Development may require for the purpose of determining benefit eligibility. (5) A disabled person has filed a certificate described in Section 2708 or 2709 of the Unemployment Insurance Code. (6) Except as otherwise provided, a disabled person meets, in all other respects, the eligibility requirements imposed on individuals by Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code for receipt of unemployment compensation disability benefits. (b) In case of any conflict between Part 2 (commencing with Section 2601) of the Unemployment Insurance Code and this chapter, this chapter shall prevail. (c) If the provisions of this section conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2019, Ch. 24, Sec. 12. (SB 83) Effective June 27, 2019.)
  45. 19880.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    A disabled employee can get nonindustrial disability benefits without first using vacation leave, unless the employee chooses to use that leave instead.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19880.1. (a) A disabled employee shall be eligible to receive nonindustrial disability benefits under this article without being required to use any vacation leave accrued under Article 2 (commencing with Section 19856) of this part, unless the employee, in his or her sole discretion, elects to use such vacation leave in lieu of receiving benefits under this article, in which case benefits under this article shall not commence until the employee has exhausted such accrued vacation leave. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  46. 19881.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    An employee cannot receive disability benefits or Family Care Leave benefits for a period if the Director of Employment Development finds the employee has received or can receive unemployment compensation benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19881. (a) An employee is not eligible for disability benefits or Family Care Leave benefits under this article with respect to any period for which the Director of Employment Development finds that the employee has received or is entitled to receive unemployment compensation benefits under Part 1 (commencing with Section 100) of Division 1 of the Unemployment Insurance Code or under an unemployment compensation act of any other state or of the federal government. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2019, Ch. 24, Sec. 13. (SB 83) Effective June 27, 2019.)
  47. 19882.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section limits disability and Family Care Leave benefits when an individual has already received, or can receive, certain cash “other benefits.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19882. (a) Except as provided in this section, an individual is not eligible for disability benefits or Family Care Leave benefits under this article for any day of unemployment and disability or family temporary disability insurance for which the individual has received, or is entitled to receive, “other benefits” in the form of cash payments. (b) “Other benefits” as used in this section means: (1) Temporary disability indemnity under a workers’ compensation law of this state or of any other state or of the federal government or under Article 4 (commencing with Section 19869) of this part. (2) Temporary disability benefits under any employer’s liability law of this state or of any other state or of the federal government. (c) If such “other benefits” are less than the amount an individual would otherwise receive as disability benefits under this article, they shall be entitled to receive, for such day, if otherwise eligible, disability benefits under this article reduced by the amount of such “other benefits.” If after receipt of, or determination of entitlement to receive, such other benefits, a claim for disability benefits under this article is filed during the same continuous period of disability, because of a disability for which a claim for such other benefits was made, the maximum amount of disability benefits payable under this article during the disability benefit period thereby established shall be reduced by the amount of such “other benefits” which the claimant has received or has been determined to be entitled to receive. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2019, Ch. 24, Sec. 14. (SB 83) Effective June 27, 2019.)
  48. 19883.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section requires certain employee deductions to be taken from disability or Family Care Leave benefits unless the employee cancels them, keeps the state employer contribution going if the health-plan deduction continues, and bars service credit and related accruals during disability-benefit periods except for a limited department-rule exception.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19883. (a) (1) Discretionary deductions of the employee, including those for coverage under a state health benefits plan in which the employee is enrolled, shall be deducted from the disability benefits or Family Care Leave benefits under this article unless canceled by the employee. If an employee deduction under a state health benefits plan is continued, the state employer contribution shall also continue. (2) An employee shall not receive service credit under the Public Employees’ Retirement System or the State Teachers’ Retirement System during the period of receipt of disability benefits under this article and contributions to the Public Employees’ Retirement System or the State Teachers’ Retirement System shall not be deducted. State employer contributions shall also not be made to either system during such period. (3) An employee shall not accrue sick leave or vacation credit or service credit for any other purpose during the period of receipt of disability benefits under this article, except, when provided by a rule or regulation adopted by the department, an employee receiving those benefits pursuant to Section 19879.1 may accrue these credits to the extent that annual leave or sick leave credits are used to supplement those benefits. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2019, Ch. 24, Sec. 15. (SB 83) Effective June 27, 2019.)
  49. 19884.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section says disability benefit claims and Family Care Leave benefit claims under the article must be handled using specified Unemployment Insurance Code procedures and qualifying conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19884. (a) (1) Filing, determination, and payment of disability benefit claims under this article shall be made in accordance with the procedures prescribed by Article 4 (commencing with Section 2701) of Chapter 2 of Part 2 of Division 1 of the Unemployment Insurance Code. (2) Filing, determination, and payment of claims for Family Care Leave benefit claims under this article shall be made in accordance with the same qualifying conditions set forth in subdivision (a) of Section 3301 of the Unemployment Insurance Code. Notwithstanding specified dates, all relevant definitions and provisions in Sections 2708 and 2709, Sections 3302 to 3304, inclusive, and Sections 3306 and 3307 of the Unemployment Insurance Code, and Chapter 2.4 (commencing with Section 2781) of Part 2 of Division 1 of the Unemployment Insurance Code, shall also apply. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2019, Ch. 24, Sec. 16. (SB 83) Effective June 27, 2019.)
  50. 19885.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must adopt rules and regulations needed to administer this article, and the Legislature’s appointing power must do the same for covered legislative officers or employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 5. Nonindustrial Disability Leave [19878 - 19885] ( Article 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19885. The department shall adopt any rules and regulations necessary for the administration of this article. The appointing power of any officer or employee of the Legislature, who is not a member of the civil service, shall adopt any rules and regulations necessary for the administration of this article for such officers or employees. (Amended by Stats. 1988, Ch. 670, Sec. 10.)
  51. 19886.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 6. Firefighters [19886 - 19886.2] ( Article 6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section defines who counts as a state firefighter for this article and says such firefighters must be regularly employed, or if volunteers, regularly enrolled.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 6. Firefighters [19886 - 19886.2] ( Article 6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19886. As used in this article the term “firefighter of the state” or “firefighter” shall be deemed to include a member of a fire department or fire service of the state, including the University of California, whether these members are volunteer, partly paid, or fully paid, excepting those whose principal duties are clerical, such as stenographers, telephone operators and other workers not engaged in fire-suppression or rescue operations or the protection or preservation of life or property. These firefighters shall be regularly employed, or in the case of a volunteer, shall be regularly enrolled as such. (Amended by Stats. 1984, Ch. 89, Sec. 2.)
  52. 19886.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 6. Firefighters [19886 - 19886.2] ( Article 6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If a state firefighter dies or is disabled in the course of going to or carrying out a fire-suppression, rescue, or life/property protection operation while not under the immediate direction of the employer, the employer must give the firefighter or dependents the same workers’ compensation benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 6. Firefighters [19886 - 19886.2] ( Article 6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19886.1. Whenever any firefighter of the state dies or is disabled from performing his or her duties as a firefighter by reason of his or her proceeding to or engaging in a fire-suppression or rescue operation, or the protection or preservation of life or property, anywhere in this state, including the jurisdiction in which he or she is employed, but is not at the time acting under the immediate direction of his or her employer, he or she, or his or her dependents, as the case may be, shall be accorded by his or her employer all of the same benefits of the workers’ compensation law, which he, she, or they would have received had that firefighter been acting under the immediate direction of his or her employer. Any injury, disability or death incurred under the circumstances described in this section shall be deemed to have arisen out of and been sustained in the course of employment for purposes of workers’ compensation and all other benefits. (Amended by Stats. 1984, Ch. 89, Sec. 3.)
  53. 19886.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 6. Firefighters [19886 - 19886.2] ( Article 6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section says the article does not require benefits for firefighters in two situations: when they were working for pay from someone other than the state, or when a state employee was injured, disabled, or died while doing activity that state regulations expressly prohibit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 6. Firefighters [19886 - 19886.2] ( Article 6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19886.2. Nothing in this article shall be deemed to: (a) Require the extension of any benefits to a firefighter who at the time of his or her injury, death, or disability is acting for compensation from one other than the state. (b) Require the extension of any benefits to a firefighter employed by the state where by state departmental regulation, whether now in force or hereafter enacted or promulgated, the activity giving rise to the injury, disability, or death, is expressly prohibited. (Amended by Stats. 1984, Ch. 89, Sec. 4.)
  54. 19887.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 7. The Clerical Pool [19887 - 19887.2] ( Article 7 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may establish a clerical pool where temporary clerical help is needed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 7. The Clerical Pool [19887 - 19887.2] ( Article 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19887. (a) The department may establish a clerical pool in any locality where the demand for temporary clerical help warrants it. Such pool shall be established by the employment of sufficient clerical employees by the office to fill the needs of various appointing powers for temporary help from time to time. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  55. 19887.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 7. The Clerical Pool [19887 - 19887.2] ( Article 7 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If an appointing power requests temporary help that can be filled from the department’s clerical pool, the department must assign needed staff. The appointing power may be charged for the service cost. If this section conflicts with a memorandum of understanding, the memorandum controls; if the memorandum requires spending funds, it takes effect only if approved in the annual Budget Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 7. The Clerical Pool [19887 - 19887.2] ( Article 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19887.1. (a) Upon a request from any appointing power for temporary help which can be filled from those employed by the department in the clerical pool, the department shall assign such persons as are needed. Upon such assignment the appointing power may be charged pursuant to Section 11253 or Sections 11256 to 11263, inclusive, for the cost of the services. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  56. 19887.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 7. The Clerical Pool [19887 - 19887.2] ( Article 7 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must make rules for this article, and appointing powers may still use other procedures for temporary clerical help.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 7. The Clerical Pool [19887 - 19887.2] ( Article 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19887.2. (a) For all purposes of this part such persons are employees of the department and not of the appointing power to which they are assigned. The department shall make all necessary rules to carry out the purposes of this article. The procedure authorized by this article for procuring temporary clerical help is an alternative to other procedures for that purpose authorized by this part or department rule and nothing in this article, nor in the rules made hereunder, prevents an appointing power from following such other procedures. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  57. 19888.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 8. Emergency [19888 - 19888.2] ( Article 8 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Emergency-appointment service counts for leave and salary adjustment only when department rules allow it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 8. Emergency [19888 - 19888.2] ( Article 8 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19888. Service under emergency appointment shall be credited for purposes of vacation, sick leave, annual leave, and salary adjustment only if and as provided by department rule. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1986, Ch. 657, Sec. 10.)
  58. 19888.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 8. Emergency [19888 - 19888.2] ( Article 8 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The appointing power may make emergency appointments for urgent or short-term work, and the State Personnel Board must limit how they are used by rule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 8. Emergency [19888 - 19888.2] ( Article 8 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19888.1. The appointing power, to prevent the stoppage of public business when an actual emergency arises, or because the work will be of limited duration, not to exceed 60 working days, may make emergency appointments without utilizing persons on employment lists and, if necessary, without regard to existing classes. The method of selection and the qualification standards for an emergency employee shall be determined by the appointing power. The frequency of appointment, length of employment, and the circumstances appropriate for the appointment of an individual under emergency appointments shall be restricted by the State Personnel Board by rule so as to prevent the use of emergency appointments to circumvent employment lists. Service under emergency appointment shall be credited for purposes of layoff only if and as provided by department rule. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  59. 19888.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 8. Emergency [19888 - 19888.2] ( Article 8 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The Department of Industrial Relations may make emergency appointments over 60 working days until December 1, 2026, but it must report and provide related updates by specified dates.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 8. Emergency [19888 - 19888.2] ( Article 8 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19888.2. (a) Notwithstanding Sections 18531 and 19888.1, the Department of Industrial Relations may make emergency appointments that exceed 60 working days, subject to the limits of Section 5 of Article VII of the California Constitution, until December 1, 2026. (b) The Department of Industrial Relations shall report all uses of this emergency appointment authority to the Director of the Department of Human Resources by January 1, 2025, for uses in 2024, and January 1, 2026, for uses in 2025, and January 1, 2027 for uses in 2026. (c) The Department of Industrial Relations shall expedite its analysis and submission of classification changes to the Department of Human Resources. The Department of Human Resources shall expedite the analysis and submission of classification changes, which would assist the Department of Industrial Relations in filling positions, in coordination with applicable collective bargaining organizations and submit to the State Personnel Board for consideration. (d) The Department of Industrial Relations, the Department of Human Resources, and the State Personnel Board, in coordination with applicable collective bargaining organizations, shall develop a process to streamline the hiring of positions for providing services in multiple languages. (e) Between December 1, 2024, and December 1, 2026, the Department of Industrial Relations shall provide quarterly reports to the budget committees of the Senate and the Assembly. This report, at a minimum, shall include information about all of the following: (1) The number of positions filled. (2) The number of remaining vacancies. (3) A description of the positions associated with these vacancies. (4) The average time for filling new positions. (f) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2024, Ch. 52, Sec. 16. (AB 171) Effective July 2, 2024. Repealed as of January 1, 2027, by its own provisions.)
  60. 19889.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 9. Career Executive Assignments [19889 - 19889.4] ( Article 9 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section creates the career executive assignments category and requires the State Personnel Board to set up a merit system for executive personnel. It also assigns the department responsibility for salary administration, position classification, motivation, and training, and limits the department’s power to designate positions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 9. Career Executive Assignments [19889 - 19889.4] ( Article 9 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19889. It is the purpose of this article to encourage the development and effective use of well-qualified and carefully selected executives. In order to carry out this purpose, the State Personnel Board shall establish by rule a merit system specifically suited to the selection and placement of executive personnel. The department shall be responsible for salary administration, position classification, and for the motivation and training of executive personnel. For the purpose of administering this system there is established herewith a category of civil service appointment called “career executive assignments.” The department shall designate positions of a high administrative and policy influencing character for inclusion in or removal from this category subject to review by the State Personnel Board, except that the department shall not so designate a position in which there is an incumbent already appointed under the provisions of this part governing employees other than career executives. (Amended by Stats. 2015, Ch. 322, Sec. 17. (SB 99) Effective September 22, 2015.)
  61. 19889.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 9. Career Executive Assignments [19889 - 19889.4] ( Article 9 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Career executive assignments are generally exempt from some regular civil service rules unless State Personnel Board rules provide otherwise, and affected employees must be given an appeal right if their assignment is terminated for prohibited reasons.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 9. Career Executive Assignments [19889 - 19889.4] ( Article 9 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19889.2. The provisions of this part governing the examination, selection, classification, and tenure of employees in the regular civil service shall not apply to “career executive assignments” unless provided for by State Personnel Board rule. The provisions of this part relating to punitive actions shall apply to all employees serving in career executive assignments, except that termination of a career executive assignment as provided for in Section 19889.3 is not a punitive action. State Personnel Board rules shall, at a minimum, afford all employees whose career executive assignments are terminated by the appointing power a right of appeal to the State Personnel Board for restoration of his or her assignment when he or she alleges that the termination was for reasons prohibited in Chapter 10 (commencing with Section 19680) of Part 2. (Amended by Stats. 2015, Ch. 322, Sec. 18. (SB 99) Effective September 22, 2015.)
  62. 19889.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 9. Career Executive Assignments [19889 - 19889.4] ( Article 9 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Candidates for career executive assignment positions must qualify through competitive examinations and meet minimum qualifications set by the State Personnel Board. Employment in that category does not, by itself, give a person civil service rights or status beyond that category, unless a State Personnel Board rule provides otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 9. Career Executive Assignments [19889 - 19889.4] ( Article 9 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19889.3. (a) Eligibility for appointment to positions in the career executive assignment category shall be established as a result of competitive examinations. All candidates shall meet such minimum qualifications as the State Personnel Board may determine are requisite to the performance of high administrative and policy influencing functions. (b) No person employed in a career executive assignment shall be deemed to acquire as a result of such service any rights to or status in positions governed by the provisions of this part relating to the civil service other than the category of career executive assignment, except as provided by State Personnel Board rule. (Amended by Stats. 2015, Ch. 322, Sec. 19. (SB 99) Effective September 22, 2015.)
  63. 19889.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 9. Career Executive Assignments [19889 - 19889.4] ( Article 9 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    When a career executive assignment ends, the employee may have reinstatement or deferred-exam rights, and the department must administer any deferred examination within 30 days of the request.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 9. Career Executive Assignments [19889 - 19889.4] ( Article 9 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19889.4. In accordance with State Personnel Board rules, the following shall apply when an appointing power terminates a career executive assignment: (a) An employee who at the time of his or her appointment to a career executive assignment was employed by the state and had permanent civil service status shall, if he or she so desires, be reinstated to a civil service position that is (1) not a career executive assignment and (2) that is at least at the same salary level as the last position that he or she held as a permanent or probationary employee. If the employee had completed a minimum of five years of state service, he or she may return to a position that is (1) at substantially the same salary level as the last position in which he or she had permanent or probationary status or (2) at a salary level that is at least two steps lower than that of the career executive position from which the employee is being terminated. (b) Article 5 (commencing with Section 19140) of Chapter 5 of Part 2 shall apply to an employee who at the time of his or her appointment to a career executive assignment was not employed by the state but who had previously worked for the state and gained permanent civil service status. (c) (1) An employee who at the time of his or her appointment to a career executive assignment was from outside civil service shall have the right to request a deferred examination for any open eligible list that his or her appointing power or the department has in existence at the time of the termination of the career executive assignment and for which he or she meets the minimum qualifications of the class to which he or she seeks appointment. Whether the employee takes a deferred examination or other open civil service examination, for purposes of evaluating whether he or she meets the minimum qualifications of the class to which he or she seeks appointment, related experience gained in a career executive assignment shall be considered as state civil service experience in a comparable class. (2) A request for a deferred examination pursuant to paragraph (1) shall not be made later than 10 days after the effective date of the termination of the career executive assignment. The department or its designee shall administer the deferred examination within 30 days of the date of the request. (Added by Stats. 2015, Ch. 322, Sec. 20. (SB 99) Effective September 22, 2015.)
  64. 19889.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 9.5. Benefits [19889.6 - 19889.7] ( Article 9.5 added by Stats. 1987, Ch. 1073, Sec. 1. )

    Verify source ↗

    The department must let Bargaining Unit 6 members choose certain employee benefits instead of part of their compensation, subject to Section 125 of the Internal Revenue Code.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 9.5. Benefits [19889.6 - 19889.7] ( Article 9.5 added by Stats. 1987, Ch. 1073, Sec. 1. ) ## 19889.6. The department, in accordance with Section 125 of the Internal Revenue Code shall authorize any member of Bargaining Unit 6 to elect to receive one or more employee benefits, in lieu of a portion of the compensation provided to the employee. Any such benefit shall satisfy the requirements of Section 125 of the Internal Revenue Code. The exclusive representative of Bargaining Unit 6 shall choose an administrator to administer the benefit. The administrator shall have a demonstrable record of administering employee benefit programs which are in compliance with Section 125 of the Internal Revenue Code and with the federal Employee Retirement Income Security Act of 1974. All costs of administering this benefit shall be paid by members of Bargaining Unit Six. (Added by Stats. 1987, Ch. 1073, Sec. 1. Effective September 24, 1987.)
  65. 19889.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 9.5. Benefits [19889.6 - 19889.7] ( Article 9.5 added by Stats. 1987, Ch. 1073, Sec. 1. )

    Verify source ↗

    The department may charge an administrative fee to annuitants and employees in certain group legal services plans.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 9.5. Benefits [19889.6 - 19889.7] ( Article 9.5 added by Stats. 1987, Ch. 1073, Sec. 1. ) ## 19889.7. The department may charge an administrative fee to annuitants and employees participating in a group legal services plan established through regulation for annuitants, excluded employees, and memoranda of understanding reached pursuant to the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1) for represented employees. (Amended by Stats. 2009, Ch. 126, Sec. 1. (AB 820) Effective January 1, 2010.)
  66. 19990.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 10. Activities [19990 - 19990.6] ( Article 10 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    State officers and employees must not take outside work or actions that conflict with their duties, and the department must adopt rules for enforcing this section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 10. Activities [19990 - 19990.6] ( Article 10 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19990. A state officer or employee shall not engage in any employment, activity, or enterprise which is clearly inconsistent, incompatible, in conflict with, or inimical to his or her duties as a state officer or employee. Each appointing power shall determine, subject to approval of the department, those activities which, for employees under its jurisdiction, are inconsistent, incompatible or in conflict with their duties as state officers or employees. Activities and enterprises deemed to fall in these categories shall include, but not be limited to, all of the following: (a) Using the prestige or influence of the state or the appointing authority for the officer’s or employee’s private gain or advantage or the private gain of another. (b) Using state time, facilities, equipment, or supplies for private gain or advantage. (c) Using, or having access to, confidential information available by virtue of state employment for private gain or advantage or providing confidential information to persons to whom issuance of this information has not been authorized. (d) Receiving or accepting money or any other consideration from anyone other than the state for the performance of his or her duties as a state officer or employee. (e) Performance of an act in other than his or her capacity as a state officer or employee knowing that the act may later be subject, directly or indirectly to the control, inspection, review, audit, or enforcement by the officer or employee. (f) Receiving or accepting, directly or indirectly, any gift, including money, or any service, gratuity, favor, entertainment, hospitality, loan, or any other thing of value from anyone who is doing or is seeking to do business of any kind with the officer’s or employee’s appointing authority or whose activities are regulated or controlled by the appointing authority under circumstances from which it reasonably could be substantiated that the gift was intended to influence the officer or employee in his or her official duties or was intended as a reward for any official actions performed by the officer or employee. (g) Subject to any other laws, rules, or regulations as pertain thereto, not devoting his or her full time, attention, and efforts to his or her state office or employment during his or her hours of duty as a state officer or employee. The department shall adopt rules governing the application of this section. The rules shall include provision for notice to employees prior to the determination of proscribed activities and for appeal by employees from such a determination and from its application to an employee. Until the department adopts rules governing the application of this section, as amended in the 1985–86 Regular Session of the Legislature, existing procedures shall remain in full force and effect. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1986, Ch. 1344, Sec. 1.)
  67. 19990.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 10. Activities [19990 - 19990.6] ( Article 10 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    State officers and employees may work during office hours if their compensation can be made under Section 18000.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 10. Activities [19990 - 19990.6] ( Article 10 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19990.5. Notwithstanding Sections 18000 and 19990, state officers and employees may render services during their office hours, or hours of work for the state, if compensation for these services may be made pursuant to Section 18000.5. (Added by Stats. 1986, Ch. 1513, Sec. 2. Effective September 30, 1986.)
  68. 19990.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 10. Activities [19990 - 19990.6] ( Article 10 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    A state attorney in a nonelected position or an administrative law judge may serve on certain local government bodies or as a local elected official without that service alone making the person incompatible with the state job or causing automatic vacation of office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 10. Activities [19990 - 19990.6] ( Article 10 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19990.6. (a) Service on a local appointed or elected governmental board, commission, committee, or other body or as a local elected official by an attorney employed by the state in a nonelected position or by an administrative law judge, as defined in Section 11475.10, shall not, by itself, be deemed to be inconsistent, incompatible, in conflict with, or inimical to, the duties of the attorney or administrative law judge as a state officer or employee and shall not result in the automatic vacation of either office. (b) Nothing in this section shall be construed to prohibit an administrative law judge, as defined in Section 11475.10, or an attorney employed by the state in a nonelected position from serving on any other appointed or elected governmental board, commission, committee, or other body, consistent with all applicable conflict-of-interest statutes and regulations and judicial canons of ethics. (Added by Stats. 2001, Ch. 411, Sec. 1. Effective January 1, 2002.)
  69. 19991.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    A qualified state employee may take a state civil service examination or attend a specified department or State Personnel Board meeting during working hours after giving two days’ notice to the immediate superior, without loss of pay or other penalty.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19991. (a) Upon giving two days’ notice to his or her immediate superior, any state employee otherwise qualified shall be permitted to take any state civil service examination during working hours, if the examination is scheduled during such period, or to attend a meeting of the department or State Personnel Board at which is scheduled for consideration a matter specifically affecting his or her position concerning which he or she has requested to be heard, without deduction of pay or other penalty. Employment interviews for eligibles on employment lists shall be considered part of the examination process under this part. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  70. 19991.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    An appointing power may grant unpaid leave to an employee for up to one year, and may extend it with prior department approval. The employee also has a right to return under Section 19143, and any conflict with a qualifying memorandum of understanding is controlled by that memorandum.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19991.1. (a) Subject to department rule an appointing power may grant a leave of absence without pay, to any employee under his or her jurisdiction for a period not exceeding one year. An extension to an unpaid leave of absence may be granted by the appointing power upon the prior approval of the department. A leave so granted assures to the employee the right to return under the provisions of Section 19143. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1993, Ch. 466, Sec. 2. Effective January 1, 1994.)
  71. 19991.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If there is no statutory authority for paid leave, paid leave cannot exceed five working days without the department’s prior approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19991.10. Where there exists no statutory authority to grant a paid leave of absence, no paid leave of absence shall exceed five working days without prior approval of the department. This section shall not be construed to provide or create any classification of paid leave of absence. For the purposes of this section, a paid leave of absence does not include a paid leave authorized by Sections 1230.1, 3518.5, 3522.7, 19252, 19253.5, 19775, 19775.1, 19848, 19853, 19854, 19858.1, 19859, 19863, 19871, 19886.1, 19991.3, and 19991.7 of this code or Section 4800 of the Labor Code. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1982, Ch. 828, Sec. 2.)
  72. 19991.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Appointing powers must give paid or unpaid leave to qualifying organ and bone marrow donors, and employees must provide written verification to get the leave.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19991.11. (a) Subject to subdivision (c), an appointing power shall grant to an employee, who has exhausted all available sick leave, the following leaves of absence with pay: (1) A leave of absence, not exceeding 30 days in a one-year period, to an employee who is an organ donor, for the purpose of donating the employee’s organ to another person. (2) A leave of absence, not exceeding five days in a one-year period, to an employee who is a bone marrow donor, for the purpose of donating the employee’s bone marrow to another person. (b) Subject to subdivision (c), an appointing power shall grant an additional unpaid leave of absence, not exceeding 30 business days in a one-year period, to an employee who has exhausted all available sick leave and is an organ donor for the purpose of donating the employee’s organ to another person. (c) In order to receive a leave of absence pursuant to subdivision (a) or (b), an employee shall provide written verification to the appointing power that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow. (d) Any period of time during which an employee is required to be absent from the employee’s position by reason of being an organ or bone marrow donor is not a break in the employee’s continuous service for the purpose of the employee’s right to salary adjustments, sick leave, vacation, annual leave, or seniority. (e) If an employee is unable to return to work beyond the time or period that the employee is granted leave pursuant to this section, the employee shall be paid any vacation balance, annual leave balance, or accumulated compensable overtime. The payment shall be computed by projecting the accumulated time on a calendar basis as though the employee was taking time off. If, during the period of projection, the employee is able to return to work, the employee shall be returned to the employee’s former position as defined in Section 18522. (f) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that, if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2019, Ch. 316, Sec. 3. (AB 1223) Effective January 1, 2020.)
  73. 19991.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Excluded employees may transfer or donate eligible leave credits in catastrophic illness or injury situations, subject to approval and set limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19991.13. (a) At the discretion of the appointing power, excluded employees as defined in subdivision (b) of Section 3527, may transfer eligible leave credits to an excluded employee when a catastrophic illness or injury occurs. (b) For the purposes of this section, the following terms are defined as follows: (1) Catastrophic illness or injury means an illness or injury that is expected to incapacitate the employee and that creates a financial hardship because the employee has exhausted all of his or her sick leave and other paid time off. Catastrophic illness or injury may also include an incapacitated family member if this results in the employee being required to take time off from work for an extended period of time to care for the family member and the employee has exhausted all of his or her sick leave and other paid time off. (2) Eligible leave credits include annual leave, vacation, compensating time off (CTO), and holiday leave credits, but do not include sick leave. (c) Eligible leave credits may be donated for a catastrophic illness or injury if all of the following requirements are met: (1) Upon the request of an employee. (2) Upon determination by the department director that the employee in the department is unable to work due to the employee’s or family member’s catastrophic illness or injury. (3) The employee has exhausted all paid leave credit. (d) If catastrophic leave is approved by the department’s director or his or her designee, any excluded employee, upon written notice, may donate eligible leave credits with a minimum donation of one hour. Donations thereafter must be in whole hour increments. Donations will be reflected as an hour-for-hour deduction from the leave balance of the donating employee. When transferring eligible leave credits, the state agency should ensure that only credits that may be needed are transferred. An excluded employee may donate eligible leave credits to a represented employee and may be the recipient of eligible leave credits donated by a represented employee. (e) In order to receive donated leave credits, an excluded employee must provide appropriate verification of illness or injury as determined by the state agency. An excluded employee eligible for this program shall have any time that is donated credited to his or her account in one-hour increments. Donated credits shall be reflected as an hour-for-hour addition to the vacation or annual leave balance of the receiving employee. Use of donated credits may not exceed a maximum of 12 continuous months for any one catastrophic illness. The total amount of leave credits donated may not exceed an amount sufficient to ensure the continuance of regular compensation. All transfers of leave credits are irrevocable. An excluded employee who receives time through this program shall use any leave credits he or she continues to accrue on a monthly basis prior to receiving time from this program. (Added by Stats. 2005, Ch. 528, Sec. 1. Effective January 1, 2006.)
  74. 19991.14.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section lets leave credits be donated to a leave bank for certain deceased retired state employees, caps the cash-out at $50,000, and limits how long donations may be accepted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19991.14. (a) If a retired state employee dies from a nonwork-related illness or injury within 12 months of retirement, a request may be made to his or her employer to allow state employees to donate leave credits to a leave bank. This donated leave, not to exceed fifty thousand dollars ($50,000), shall be cashed out to the person designated to receive the deceased employee’s leave balance. Donations shall be accepted for 30 days following approval of the request, except as specified in subdivision (b). (b) This section shall apply retroactively to any employee who retired on or after December 1, 2009. Any leave donations for a retired state employee who died on or before December 31, 2010, shall be accepted until January 31, 2011. (c) For the purposes of this section, the following definitions shall apply: (1) “Leave” includes annual leave, vacation, holiday, personal leave, or excess leave. (2) “Retired state employee” means any retired state employee who at the time of retirement was a member of a collective bargaining unit that had bargained for a survivor’s benefit that authorizes the donation of leave credits from employees to a leave bank on behalf of an employee on pay status who dies from a nonwork-related illness or injury. (Added by Stats. 2010, Ch. 608, Sec. 1. (AB 2742) Effective January 1, 2011.)
  75. 19991.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The appointing power may grant certain eligible employees a leave of absence without pay for up to two years for technical cooperation service, and the employee must be reinstated within three months after that service ends.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19991.2. (a) The appointing power may grant to an employee under his or her jurisdiction who has permanent civil service status or a probationer who immediately preceding his or her appointment to his or her position held permanent civil service status in the same or some other class a leave of absence without pay for not to exceed two years for service in a technical cooperation program as a temporary employee of another governmental agency, a nonprofit organization, or a recognized college or university upon the request of the agency. Within three months of termination of this service, the employee shall be reinstated to his or her former position pursuant to Section 19143. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1993, Ch. 466, Sec. 3. Effective January 1, 1994.)
  76. 19991.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Jury-duty leave may be paid or unpaid.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19991.3. (a) Leaves of absence granted for jury duty may be with or without pay. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  77. 19991.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section says an injury- or disease-related absence does not interrupt continuous service for certain leave and seniority benefits, and the appointing power must act if a permanent or probationary employee still cannot return to work while receiving permanent disability compensation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19991.4. Any period of time during which an employee is required to be absent from his or her position by reason of an injury or disease for which he or she is entitled to receive temporary disability compensation under the provisions of Division 4 or 4.5 of the Labor Code is not a break in his or her continuous service for the purpose of his or her right to salary adjustments, sick leave, vacation, annual leave, or seniority. If an employee is unable to return to work at the time or during the period he or she is entitled to permanent disability compensation under Division 4 or 4.5 of the Labor Code, he or she shall be paid any sick leave balance, vacation balance, annual leave balance, or accumulated compensable overtime. The payment shall be computed by projecting the accumulated time on a calendar basis as though the employee was taking time off. If during the period of projection the employee is able to return to work, he or she shall be returned to his or her former position as defined in Section 18522. If a permanent or probationary employee is still not able to return to his or her former position and continues to receive permanent disability compensation, the appointing power shall take at least one of the actions described in Section 19253.5 or grant a leave of absence for the period during which the employee receives permanent disability compensation or is being retrained through rehabilitation. If the employee is demoted or transferred pursuant to Section 19253.5 he or she shall receive the maximum of the salary range provided that salary is not greater than the salary he or she received on the date his or her accumulated time was exhausted. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1993, Ch. 466, Sec. 4. Effective January 1, 1994.)
  78. 19991.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may allow the Veterans’ Home of California commandant to authorize certain medical staff and technicians to attend specified meetings or courses in California for up to 30 days per calendar year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19991.5. (a) The department may permit the Commandant of the Veterans’ Home of California to authorize members of the medical staff and medical technicians, to include X-ray, clinical laboratory, and dental laboratory technicians, of the Veterans’ Home of California to attend medical and scientific meetings and medical and refresher courses, for a period not to exceed 30 days in any one calendar year, in recognized schools or colleges held in California. Any member so attending such schooling shall bear his or her own expenses but there shall be no interruption of normal salary or pay. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  79. 19991.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    An appointing power must grant certain unpaid leave requests for pregnancy, childbirth, newborn care, and sometimes adoption, with leave generally capped at one year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19991.6. (a) Except as provided in subdivision (c), an appointing power shall grant a leave of absence without pay for the purposes of pregnancy, childbirth or the recovery therefrom for a period as determined by the employee not exceeding one year to any permanent female employee under the jurisdiction of the appointing power. When the employee has notified the appointing power as to the period of the leave of absence required, any change in the length of the period of leave shall not be effective unless approved by the appointing power. (b) If the provisions of subdivision (a) are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (c) For an employee who is excluded from the definition of state employee in subdivision (c) of Section 3513, the following shall apply: (1) An appointing power shall grant a female permanent employee’s request for a leave of absence without pay for the purposes of pregnancy, childbirth, or the recovery therefrom, for a period not to exceed one year. When the employee has notified the appointing power as to the period of the leave of absence required, any change in the length of the period of leave shall not be effective unless approved by the appointing power. (2) An appointing power shall grant the request of a male spouse who is a permanent employee or a male parent who is a permanent employee for a leave of absence without pay for a period not to exceed one year to care for his newborn child. When the employee has notified the appointing power as to the period of the leave of absence required, any change in the length of the period of leave shall not be effective unless approved by the appointing power. (3) An appointing power may grant a permanent employee’s request for a leave of absence without pay for the adoption of a child for a period not to exceed one year. The employee shall provide substantiation to support the employee’s request for adoption leave. When the employee has notified the appointing power as to the period of the leave of absence required, any change in the length of the period of leave shall not be effective unless approved by the appointing power. (Amended by Stats. 1993, Ch. 109, Sec. 10. Effective January 1, 1994.)
  80. 19991.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Some civil service employees may receive paid educational leave, and the department must set rules for how that leave is regulated, accumulated, and transferred.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19991.7. (a) For civil service employees employed in positions requiring teaching certification qualifications appointing powers may grant educational leave to attend study sessions at accredited schools, colleges or programs recommended by a trade advisory council for the purpose of receiving further instruction in pedagogy, vocational education, mental health or related fields. Such educational leave shall be granted with pay and credited to the employee by accumulation at the rate of 11/4 days for each month worked. Employees on educational leave shall maintain their merit salary adjustment date and shall receive credit for vacation, sick leave, educational leave or any other benefit which would normally accrue during such work period. The time when educational leave shall be taken shall be determined by the appointing power of the employee. The department shall provide by rule for the regulation, accumulation and transfer of educational leave and shall prescribe the methods by which employees leaving the employment of one state agency and entering the employment of another state agency may receive proper credit for their accumulated educational leave privileges. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  81. 19991.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    An appointing power may grant unpaid leave to certain employees during a state military emergency, subject to department rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19991.8. During any state military emergency and subject to department rule, an appointing power may grant a leave of absence without pay to a permanent or probationary employee under his or her jurisdiction to: (a) Engage in civilian warwork pursuant to mandatory order of the agency of the United States or of the state having authority to make that order. (b) Assume active duty in the United States merchant marine. (c) Assume other duty rather than active duty to fulfill a military obligation pursuant to mandatory order of the agency of the United States or of the state having authority to make such order. (d) Assume active full-time duty for the American Red Cross. Such a leave shall not exceed the period authorized in the order. Such a leave assures to the employee reinstatement pursuant to Section 19143. (Amended by Stats. 1993, Ch. 466, Sec. 5. Effective January 1, 1994.)
  82. 19991.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Eligible state civil service employees who applied must be granted unpaid educational leave for military-related training or education, if they meet the listed service and enrollment conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 11. Absences [19991 - 19991.14] ( Article 11 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19991.9. Any permanent state civil service employee or an employee serving under another appointment who previously had permanent status and who, since that permanent status, has had no break in the continuity of his or her state service, who served in the armed forces, and who is eligible because of that service for education or training under applicable state or federal law shall upon application to his or her appointing power be granted an educational leave of absence without pay for the period during which he or she receives that education or training and for three months thereafter. In order for that leave to be granted or to remain in effect, the employee must enroll for a minimum of 10 credit hours of post-high-school grade or the equivalent amount of work on high school level each school year. No such leave shall remain in effect for longer than four years and three months of school attendance. A leave so granted assures to the employee a right of return pursuant to Section 19143. (Amended by Stats. 1993, Ch. 466, Sec. 6. Effective January 1, 1994.)
  83. 19992.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3. Performance Reports [19992 - 19992.4] ( Chapter 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must help state agencies set performance standards and provide a performance rating system, after consulting appointing powers and other supervising officials.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3. Performance Reports [19992 - 19992.4] ( Chapter 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19992. (a) After consultation with appointing powers and other supervising officials the department shall assist and encourage state agencies to establish standards of performance for each class of position and shall provide a system of performance ratings. Such standards shall insofar as practicable be established on the basis of the quantity and quality of work which the average person thoroughly trained and industriously engaged can turn out in a day. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  84. 19992.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3. Performance Reports [19992 - 19992.4] ( Chapter 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must prescribe or approve the performance report form, and it may investigate the system’s administration and enforce standards.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3. Performance Reports [19992 - 19992.4] ( Chapter 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19992.1. (a) The system of performance reports shall be designed to permit as accurately and fairly as is reasonably possible, the evaluation by his or her appointing power of each employee’s performance of his or her duties. The evaluation shall be set forth in a performance report, the form for which shall be prescribed or approved by the department. The department may investigate administration of the system and enforce adherence to appropriate standards. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  85. 19992.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3.5. Performance Reports for Managerial Employees [19992.8 - 19992.14] ( Chapter 3.5 added by Stats. 1982, Ch. 938, Sec. 3. )

    Verify source ↗

    Appointing powers must prepare and file performance appraisal reports under department rules, and managerial employees must be shown their own report and may discuss and sign it before filing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3.5. Performance Reports for Managerial Employees [19992.8 - 19992.14] ( Chapter 3.5 added by Stats. 1982, Ch. 938, Sec. 3. ) ## 19992.10. Appointing powers shall prepare performance appraisal reports and keep them on file as prescribed by department rule. The rules shall provide that managerial employees be shown the performance appraisal report covering their own service and are privileged to discuss it and sign it with the appointing power before it is filed. The extent to which the reports shall be open to inspection by the public shall be prescribed by department rule. (Added by Stats. 1982, Ch. 938, Sec. 3. Operative July 1, 1983, by Sec. 4 of Ch. 938.)
  86. 19992.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3.5. Performance Reports for Managerial Employees [19992.8 - 19992.14] ( Chapter 3.5 added by Stats. 1982, Ch. 938, Sec. 3. )

    Verify source ↗

    Performance reports for managerial employees must be used under department and State Personnel Board rules, and merit salary increases are capped.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3.5. Performance Reports for Managerial Employees [19992.8 - 19992.14] ( Chapter 3.5 added by Stats. 1982, Ch. 938, Sec. 3. ) ## 19992.11. Performance reports shall be considered, in the manner prescribed by department rule, for purposes of employee development, in determining salary increases and decreases, the order of layoffs, the advisability of transfers, demotions, and dismissals. Performance reports shall be considered in promotional examinations in the manner prescribed by State Personnel Board rule. On or before July 1, 1988, performance appraisal reports for managers shall be used to award merit salary increases on a flexible basis so that each such employee may receive up to a 10-percent increase provided that this does not increase the employee’s salary beyond the highest step of the range for the class of position occupied by the employee. The total amount awarded by the appointing power for merit salary increases through this practice shall not exceed the amount which otherwise would be available under current methods. (Added by Stats. 1982, Ch. 938, Sec. 3. Operative July 1, 1983, by Sec. 4 of Ch. 938.)
  87. 19992.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3.5. Performance Reports for Managerial Employees [19992.8 - 19992.14] ( Chapter 3.5 added by Stats. 1982, Ch. 938, Sec. 3. )

    Verify source ↗

    The department may make rules for handling unsatisfactory service and low efficiency, including possible reduction in class or compensation and removal by appointing powers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3.5. Performance Reports for Managerial Employees [19992.8 - 19992.14] ( Chapter 3.5 added by Stats. 1982, Ch. 938, Sec. 3. ) ## 19992.12. The department may establish rules under which records of unsatisfactory service may lead to reduction in class and compensation, and providing for the manner in which persons falling below the standards of efficiency may be removed from their positions by the appointing powers, substantially as in the case of removals for cause. (Added by Stats. 1982, Ch. 938, Sec. 3. Operative July 1, 1983, by Sec. 4 of Ch. 938.)
  88. 19992.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3.5. Performance Reports for Managerial Employees [19992.8 - 19992.14] ( Chapter 3.5 added by Stats. 1982, Ch. 938, Sec. 3. )

    Verify source ↗

    The department must set up a process for a managerial employee to appeal a performance appraisal report to the appointing power.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3.5. Performance Reports for Managerial Employees [19992.8 - 19992.14] ( Chapter 3.5 added by Stats. 1982, Ch. 938, Sec. 3. ) ## 19992.13. The department shall establish a procedure whereby a managerial employee may appeal his or her performance appraisal report to the appointing power. At a minimum, these procedures shall permit appeals on the basis that the performance appraisal report was used to abuse, harass, or discriminate against the employee. (Added by Stats. 1982, Ch. 938, Sec. 3. Operative July 1, 1983, by Sec. 4 of Ch. 938.)
  89. 19992.14.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3.5. Performance Reports for Managerial Employees [19992.8 - 19992.14] ( Chapter 3.5 added by Stats. 1982, Ch. 938, Sec. 3. )

    Verify source ↗

    Each state agency must create a performance appraisal report system by July 1, 1988.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3.5. Performance Reports for Managerial Employees [19992.8 - 19992.14] ( Chapter 3.5 added by Stats. 1982, Ch. 938, Sec. 3. ) ## 19992.14. Each state agency shall establish a system of performance appraisal reports which shall form the basis for awarding merit salary increases to managers on or before July 1, 1988. Any agency which fails to establish such a system on or before July 1, 1988, shall forfeit 50 percent of merit salary funds otherwise available for eligible managerial employees during that fiscal year. Any agency which fails to establish such a system on or before July 1, 1989, shall forfeit 75 percent of merit salary funds otherwise available for eligible managerial employees during that fiscal year. Any agency which fails to establish such a system on or before July 1, 1990, shall forfeit all merit salary funds otherwise available for eligible managerial employees during that fiscal year, and during each subsequent fiscal year during which such a system is not established. (Added by Stats. 1982, Ch. 938, Sec. 3. Operative July 1, 1983, by Sec. 4 of Ch. 938.)
  90. 19992.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3. Performance Reports [19992 - 19992.4] ( Chapter 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Appointing powers must prepare and file performance reports, and department rules must let employees see and discuss their own report before it is filed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3. Performance Reports [19992 - 19992.4] ( Chapter 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19992.2. (a) Appointing powers shall prepare performance reports and keep them on file as prescribed by department rule. The rules shall provide that employees be shown the performance report covering their own service and are privileged to discuss it with the appointing power before it is filed. The extent to which such ratings or performance reports shall be open to inspection by the public shall be prescribed by department rule. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  91. 19992.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3. Performance Reports [19992 - 19992.4] ( Chapter 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Performance reports must be considered, under department rules, when deciding pay changes, layoffs, transfers, demotions, and dismissals.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3. Performance Reports [19992 - 19992.4] ( Chapter 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19992.3. (a) Performance reports shall be considered, in the manner prescribed by department rule, in determining salary increases and decreases, the order of layoffs, and the advisability of transfers, demotions, and dismissals. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1982, Ch. 1095, Sec. 20.)
  92. 19992.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3. Performance Reports [19992 - 19992.4] ( Chapter 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may make rules for unsatisfactory service records, class or pay reduction, and removal for low efficiency, and it must report unsatisfactory records to the appointing power.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3. Performance Reports [19992 - 19992.4] ( Chapter 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19992.4. (a) The department may establish rules under which records of unsatisfactory service may lead to reduction in class and compensation, and providing for the manner in which persons falling below the standards of efficiency fixed by its rules may be removed from their positions by the department, substantially as in the case of removals for cause. The department shall report such unsatisfactory records to the appointing power. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  93. 19992.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3.5. Performance Reports for Managerial Employees [19992.8 - 19992.14] ( Chapter 3.5 added by Stats. 1982, Ch. 938, Sec. 3. )

    Verify source ↗

    The department must help state agencies set performance standards for managerial employees, and it may provide training for performance appraisal systems.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3.5. Performance Reports for Managerial Employees [19992.8 - 19992.14] ( Chapter 3.5 added by Stats. 1982, Ch. 938, Sec. 3. ) ## 19992.8. After consultation with appointing powers and other supervising officials the department shall assist and encourage state agencies to establish standards of performance for managerial employees and may provide training in developing performance appraisal systems. Such standards shall be mutually developed by managerial employees and their appointing powers. These standards shall be based on individual and organizational requirements established, in writing, for the reporting period. The reporting period shall be no more than 12 months from the date of the last report following the end of the employee’s probationary period. (Added by Stats. 1982, Ch. 938, Sec. 3. Operative July 1, 1983, by Sec. 4 of Ch. 938.)
  94. 19992.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3.5. Performance Reports for Managerial Employees [19992.8 - 19992.14] ( Chapter 3.5 added by Stats. 1982, Ch. 938, Sec. 3. )

    Verify source ↗

    Managerial employees and their appointing powers must design performance appraisal reports so appointing powers can evaluate work performance fairly and accurately; the department must approve the report form and may investigate and enforce standards.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 3.5. Performance Reports for Managerial Employees [19992.8 - 19992.14] ( Chapter 3.5 added by Stats. 1982, Ch. 938, Sec. 3. ) ## 19992.9. The system of performance appraisal reports shall be designed by managerial employees and their appointing powers to permit the evaluation by appointing powers of each employee’s work performance as accurately and fairly as is reasonably possible. The evaluation shall be set forth in a written performance appraisal report, the form for which shall be approved by the department. The department may investigate administration of the system and enforce adherence to appropriate standards. (Added by Stats. 1982, Ch. 938, Sec. 3. Operative July 1, 1983, by Sec. 4 of Ch. 938.)
  95. 19993.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4. Deferred Compensation [19993 - 19993.05] ( Chapter 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may set up a tax-advantaged retirement savings plan for officers and employees, and employees may authorize wage deductions to participate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4. Deferred Compensation [19993 - 19993.05] ( Chapter 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19993. (a) The department may establish for officers and employees a tax-advantaged retirement savings plan in accordance with Section 457(b) of the Internal Revenue Code. Participation in the plan shall be by agreement between the officers and employees and the state which shall provide for deduction of a portion of those officers’ or employees’ wages. Officers and employees may authorize deductions to be made from their wages for the purpose of participating in the tax-advantaged retirement savings plan. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2018, Ch. 903, Sec. 4. (SB 1504) Effective January 1, 2019.)
  96. 19993.05.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4. Deferred Compensation [19993 - 19993.05] ( Chapter 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must give plan participants a broad range of investment options, keep core portfolio choices prudent and reasonably priced, and offer a brokerage option. Fiduciaries are not liable for participant investment losses except for malfeasance or misfeasance. The fund is exempt from a separate article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4. Deferred Compensation [19993 - 19993.05] ( Chapter 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19993.05. (a) This section shall be known and may be cited as the Freedom of Financial Choice Act. (b) The department shall provide officers and employees participating in a tax-advantaged retirement savings plan established by the department under this chapter or Chapter 9 (commencing with Section 19999.5) with a broad range of investment options. The department shall have the exclusive authority to determine the investment products provided in the core portfolio under tax-advantaged retirement savings plans and shall make these selections in a prudent manner for the exclusive benefit of plan participants, retirees, and their beneficiaries. The department shall ensure that the cost of these investment options are reasonable under the prevailing facts and circumstances and that any investment alternatives determined appropriate for the core portfolio. The investment options available under the tax-advantaged retirement savings plans shall also be limited to the extent necessary to ensure the continued qualification of the plans under the Internal Revenue Code, applicable to state law, and the cost-efficient and timely administration of the plans. In addition to the core options, the department shall offer a brokerage option. (c) No fiduciary of a plan established by the department under this chapter or Chapter 9 (commencing with Section 19999.5) shall be liable for any loss that results from any individual investment choice made by a participant of a plan, except that this subdivision shall not extend to any malfeasance or misfeasance by any fiduciary of a plan established by the department under this chapter or Chapter 9 (commencing with Section 19999.5). (d) Notwithstanding any other law, the Deferred Compensation Plan Fund (0915) is exempt from the application of Article 2 (commencing with Section 11270) of Chapter 3 of Part 3 of Division 3. (Amended by Stats. 2018, Ch. 903, Sec. 5. (SB 1504) Effective January 1, 2019.)
  97. 19993.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    State-owned motor vehicles may be used only for state business, and state officers or employees may not use or allow their use for any other purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19993.1. State-owned motor vehicles shall be used only in the conduct of state business. State business shall include the operation of state-owned vehicles as commute vehicles in a carpool or vanpool program authorized by a state agency, provided that a daily, weekly, or monthly fee is charged that is adequate to reimburse the state for the cost of providing such vehicles for such purpose. No state officer or employee shall use, or permit the use of, any state-owned motor vehicle other than in the conduct of state business. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  98. 19993.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must issue rules and regulations for state-owned motor vehicles.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19993.2. The department shall prescribe rules and regulations which: (a) Define the use of state-owned motor vehicles which constitutes use in the conduct of state business and distinguish such use from misappropriation for private use; (b) Prescribe the procedure for determining and collecting from the employee responsible for the misuse the actual costs to the state attributable to misuse of state-owned motor vehicles and the disposition of such collections; (c) Prescribe the records and reports to be kept and made by state agencies relating to the use of state-owned motor vehicles to the end that misuse may be discovered with a minimum of recordkeeping; (d) Govern the storage of state-owned motor vehicles in those locations where storage space, under the jurisdiction of the Department of General Services, is available for storage of state-owned motor vehicles; (e) Prescribe the procedures to be used in the operation of state-owned vehicles as commute vehicles in a state carpool or vanpool program. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  99. 19993.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This chapter does not apply to incumbents of elective state offices.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19993.3. The provisions of this chapter shall not apply to the incumbents of elective state offices. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  100. 19993.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The Department of General Services must administer this chapter and its rules, and each state agency’s head or governing body must carry them out and enforce them within that agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19993.4. The Department of General Services shall administer the provisions of this chapter and the rules and regulations adopted pursuant thereto; provided, however, that it shall be the duty of the head or governing body of each state agency to carry out and enforce this chapter and said rules and regulations within such state agency. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  101. 19993.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If a state officer or employee violates this chapter or its adopted rules and regulations, the violation is treated as misuse of state property.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19993.5. Any violation by a state officer or employee of this chapter or the rules and regulations adopted pursuant thereto shall constitute misuse of state property under Section 19572 of this code. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  102. 19993.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may suspend an exempt state officer or employee without pay for up to 30 days, but only if it gives written notice before the suspension takes effect and files a copy with the State Personnel Board within 15 days after the effective date.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19993.6. The department, upon its own initiative, may suspend from state service without pay for a period not exceeding 30 days, any officer or employee of this state exempt from civil service for violating this chapter or the rules and regulations adopted pursuant thereto. Such suspension is valid only if a written notice is served on the officer or employee prior to the effective date of the suspension and a copy of such notice filed with the State Personnel Board not later than 15 days after the effective date of such suspension. The notice shall be served upon the employee either personally or by mail and shall include: (a) a statement of the nature of the punitive action; (b) the effective date of the action; (c) a statement of the causes therefor; and (d) a statement advising the employee of his or her right to answer the notice and the time within which that must be done if the answer is to constitute an appeal. The officer or employee against whom such punitive action is taken shall have the right to file an answer with the State Personnel Board as provided in Section 19575, and request a hearing. If the answer requests a hearing the State Personnel Board shall conduct a hearing. The board shall consider carefully the evidence submitted in the hearing and render a decision sustaining, modifying or revoking such suspension. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  103. 19993.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This chapter does not apply to California Highway Patrol members or to peace officers defined in Penal Code Section 830.36(a).

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19993.7. The provisions of this chapter shall not apply to members of the California Highway Patrol nor to a peace officer defined in subdivision (a) of Section 830.36 of the Penal Code. (Amended by Stats. 1996, Ch. 1154, Sec. 3. Effective September 30, 1996.)
  104. 19993.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    For California State University employees, Education Code section 89008 governs use of state-owned motor vehicles, not this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 4.5. State-Owned Motor Vehicles [19993.1 - 19993.8] ( Chapter 4.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19993.8. Section 89008 of the Education Code, and not this chapter, shall govern use of state-owned motor vehicles by employees of the California State University. (Added by Stats. 1983, Ch. 1040, Sec. 44.)
  105. 19994.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5. Transfers [19994 - 19994.4] ( Chapter 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    When the state takes over a function from another public agency, the department may decide what credit transferred employees get, but it must limit that decision to time spent in the same or a substantially similar function.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5. Transfers [19994 - 19994.4] ( Chapter 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19994. (a) When the state takes over and there is transferred to it a function from any other public agency, the department may determine the extent, if any, to which the employees employed by the other public agency on the date of transfer are entitled to have credited to them in the state civil service, seniority credits, accumulated sick leave, and accumulated vacation because of service with the former agency. Granting of seniority credit under this section is subject to review by the State Personnel Board pursuant to Section 19816.2. (b) The department shall limit that determination to the time any transferred employees were employed in the specific function or a function substantially similar while in the former agency and the seniority credits and accumulated sick leave and accumulated vacation shall not exceed that to which each employee would be entitled if he or she had been continuously employed by the State of California. This section is applicable to any function heretofore transferred to the state, whether by state action or otherwise, as well as to any future transfers of a function to the state, whether by state action or otherwise. (Amended by Stats. 2002, Ch. 1, Sec. 25. Effective January 16, 2002.)
  106. 19994.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5. Transfers [19994 - 19994.4] ( Chapter 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    An appointing power may transfer employees under its jurisdiction, but must give certain employees 60 days’ written notice and reasons before a transfer that requires relocation, unless the employee waives that right.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5. Transfers [19994 - 19994.4] ( Chapter 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19994.1. (a) An appointing power may transfer any employee under his or her jurisdiction: (1) to another position in the same class; or (2) from one location to another whether in the same position, or in a different position as specified above in (1) or in Section 19050.5. (b) When a transfer under this section or Section 19050.5 reasonably requires an employee to change his or her place of residence, the appointing power shall give the employee, unless the employee waives this right, a written notice of transfer 60 days in advance of the effective date of the transfer. Unless the employee waives this right, the appointing power shall provide to the employee 60 days prior to the effective date of the transfer a written notice setting forth in clear and concise language the reasons why the employee is being transferred. (c) If this section is in conflict with a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the memorandum of understanding requires the expenditure of funds, it shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2002, Ch. 1, Sec. 26. Effective January 16, 2002.)
  107. 19994.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5. Transfers [19994 - 19994.4] ( Chapter 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If an involuntary transfer affects two or more employees in a class, the department may choose the selection method, subject to any controlling memorandum of understanding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5. Transfers [19994 - 19994.4] ( Chapter 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19994.2. (a) When there are two or more employees in a class and an involuntary transfer is required to a position in the same class, or an appropriate class as designated by the State Personnel Board, in a location that reasonably requires an employee to change his or her place of residence, the department may determine the methods by which employees in the class or classes involved are to be selected for transfer. These methods may include seniority and other considerations. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2002, Ch. 1, Sec. 27. Effective January 16, 2002.)
  108. 19994.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5. Transfers [19994 - 19994.4] ( Chapter 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If an employee protests a transfer as harassment or discipline, the appointing power may require the employee to transfer while the department reviews it. If the transfer is disapproved, the employee must be returned to the former position and paid travel and moving costs. A conflicting memorandum of understanding controls, unless it requires spending funds and has not been approved in the annual Budget Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5. Transfers [19994 - 19994.4] ( Chapter 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19994.3. (a) If a transfer is protested to the department by an employee as made for the purpose of harassing or disciplining the employee, the appointing power may require the employee to transfer pending approval or disapproval of the transfer by the department. If the department disapproves the transfer, the employee shall be returned to his or her former position, shall be paid the regular travel allowance for the period of time he or she was away from his or her original headquarters, and his or her moving costs both from and back to the original headquarters shall be paid in accordance with the department rules. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  109. 19994.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5.6. Tobacco Control [19994.30 - 19994.35] ( Heading of Chapter 5.6 amended by Stats. 2003, Ch. 342, Sec. 2. )

    Verify source ↗

    This section defines “building,” “state” or “state agency,” and “state employee” for this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5.6. Tobacco Control [19994.30 - 19994.35] ( Heading of Chapter 5.6 amended by Stats. 2003, Ch. 342, Sec. 2. ) ## 19994.30. As used in this chapter: (a) “Building” means a building owned and occupied, or leased and occupied, by the state. (b) “State” or “state agency” means a state agency, as defined pursuant to Section 11000, the Legislature, the Supreme Court and the courts of appeal, and each California Community College campus and each campus of the California State University and the University of California. (c) “State employee” means an employee of a state agency. (Amended by Stats. 2003, Ch. 342, Sec. 3. Effective January 1, 2004.)
  110. 19994.33.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5.6. Tobacco Control [19994.30 - 19994.35] ( Heading of Chapter 5.6 amended by Stats. 2003, Ch. 342, Sec. 2. )

    Verify source ↗

    The State Department of Health Services may issue and share tobacco smoking control guidelines, state agencies may offer related employee programs, and each state agency must inform employees about smoking rules and program availability.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5.6. Tobacco Control [19994.30 - 19994.35] ( Heading of Chapter 5.6 amended by Stats. 2003, Ch. 342, Sec. 2. ) ## 19994.33. (a) The State Department of Health Services may develop guidelines for the content and effective presentation of tobacco smoking control programs designed to assist an individual in either a self-help or group environment. The guidelines may be distributed to state agencies. The State Department of Health Services may provide a copy of the guidelines to any individual or group, upon request, and may charge a fee that shall not exceed the actual cost of producing a copy. (b) State agencies may offer tobacco smoking control programs to their employees. A state agency may use existing employee training funds to pay for the presentation of tobacco smoking control programs offered to state employees at a state-owned or state-leased building during normal work hours. (c) Not later than January 31, 1994, and thereafter upon initial employment, each state agency shall inform its employees about the smoking prohibition contained in Section 7597, areas where smoking is permitted, and the availability of tobacco smoking control programs. (d) Enrollment in a tobacco smoking control program by any state employee shall be voluntary. (Amended by Stats. 2003, Ch. 342, Sec. 6. Effective January 1, 2004.)
  111. 19994.34.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5.6. Tobacco Control [19994.30 - 19994.35] ( Heading of Chapter 5.6 amended by Stats. 2003, Ch. 342, Sec. 2. )

    Verify source ↗

    An eligible agency may accommodate the smoking public if it is economically feasible, but it must keep smoke-free indoor conditions for nonsmoking members of the public and not require employees to work in enclosed areas with secondhand-smoke exposure risk.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5.6. Tobacco Control [19994.30 - 19994.35] ( Heading of Chapter 5.6 amended by Stats. 2003, Ch. 342, Sec. 2. ) ## 19994.34. Notwithstanding any other provision of law, an agency specified in Division 3 (commencing with Section 3001) of the Food and Agricultural Code may accommodate the smoking public where it is economically feasible, provided state employees are not required to work in enclosed areas where the probability of exposure to secondhand smoke exists and the nonsmoking public is provided with a smoke-free environment in all enclosed buildings. (Added by Stats. 1993, Ch. 1211, Sec. 2. Effective January 1, 1994.)
  112. 19994.35.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5.6. Tobacco Control [19994.30 - 19994.35] ( Heading of Chapter 5.6 amended by Stats. 2003, Ch. 342, Sec. 2. )

    Verify source ↗

    Tobacco product advertising is not allowed in state-owned and state-occupied buildings, except for certain written materials lawfully sold, brought, or distributed in a state building.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5.6. Tobacco Control [19994.30 - 19994.35] ( Heading of Chapter 5.6 amended by Stats. 2003, Ch. 342, Sec. 2. ) ## 19994.35. (a) No tobacco product advertising shall be allowed in any state-owned and state-occupied building excepting advertising contained in a program, leaflet, newspaper, magazine, or other written material lawfully sold, brought, or distributed within a state building. (b) “Advertise,” for purposes of this section, means the display of any poster, sign, or other written or visual material that is intended to communicate commercial information or images to the public. (c) “Tobacco product,” for purposes of this section, means any product containing tobacco, the prepared leaves of plants of the nicotiana family, including, but not limited to, cigarettes, loose tobacco, cigars, snuff, chewing tobacco, or any other preparation of tobacco. (Added by Stats. 1993, Ch. 1211, Sec. 2. Effective January 1, 1994.)
  113. 19994.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5. Transfers [19994 - 19994.4] ( Chapter 5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    A protest must be copied to the appointing power when filed with the department, and it must be made within 30 days after the employee is notified of the transfer.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 5. Transfers [19994 - 19994.4] ( Chapter 5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19994.4. (a) At the time it is filed with the department a copy of the protest shall be filed with the appointing power. Such a protest shall be made within 30 days of the time the employee is notified of the transfer. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  114. 19995.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6. Training [19995 - 19995.4] ( Chapter 6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must plan for and work with appointing powers and other supervising officials on employee training programs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6. Training [19995 - 19995.4] ( Chapter 6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19995. (a) The department shall devise plans for and cooperate with appointing powers and other supervising officials in the conduct of employee training programs so that the quality of service rendered by persons in the state civil service may be continually improved. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  115. 19995.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6. Training [19995 - 19995.4] ( Chapter 6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must create and carry out an integrated workforce development strategy, and it may set rules and conditions for administering the chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6. Training [19995 - 19995.4] ( Chapter 6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19995.1. For the purpose of meeting the development needs of the state’s workforce, the department shall analyze, design, develop, implement, and evaluate an integrated development strategy to continually advance employee skills and improve performance productivity and service. The department may prescribe regulations and conditions for the administration of this chapter. The conditions prescribed by the department may include, but not be limited to, the requirements that the training shall be cost effective, of value to the state, and relevant to the employee’s career development in state service. The department may further prescribe the conditions under which an employee may be required to reimburse the state for the costs of out-service training in the event he or she fails to remain in state service for a reasonable time after receiving the training. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2016, Ch. 35, Sec. 13. (SB 848) Effective June 27, 2016.)
  116. 19995.1.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6. Training [19995 - 19995.4] ( Chapter 6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may offer training programs to public employees and officers, may prioritize state employees for enrollment, may exclude participants based on subject-matter fit, and may collect registration fees from employing entities. The Controller must transfer certain money owed to the department by a state agency employing entity.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6. Training [19995 - 19995.4] ( Chapter 6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19995.1.5. (a) The department may provide training programs to any public employee or officer so that the quality of service rendered by those persons may be continually improved. For purposes of this subdivision, “public employee or officer” means any employee or officer of any of the following: (1) The state, regardless of whether the employee or officer is subject to state civil service. (2) A city. (3) A county. (4) A special district, or any other political subdivision of the state. (5) The California State University. (6) The University of California. (7) The Legislature. (8) The judicial branch. (9) The federal government. (b) The department may give priority registration for enrollment in training programs described in subdivision (a) to state employees and officers. (c) The department, at its discretion, may exclude any public employee or officer from a training program described in subdivision (a) based on the appropriateness of the subject matter for those public employees or officers. (d) Notwithstanding Section 18707, the department may collect registration fees from the employee’s or officer’s employing entity for attendance in a training program described in subdivision (a) without entering into a written agreement with that employing entity or seeking the approval of the Department of General Services. Pursuant to Section 11255, the Controller shall transfer to the department any moneys owed to the department by an employing entity that is a state agency for charges due under this subdivision. (Amended by Stats. 2019, Ch. 24, Sec. 17. (SB 83) Effective June 27, 2019.)
  117. 19995.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6. Training [19995 - 19995.4] ( Chapter 6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The appointing power must arrange counseling and training for affected employees, and the department must help plan and administer those programs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6. Training [19995 - 19995.4] ( Chapter 6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19995.2. (a) To such extent as practicable and within available resources for this purpose, the appointing power shall arrange for such counseling and training of employees as may be reasonably needed to prepare them for placement in other state civil service positions when their positions have been or are about to be changed substantially or eliminated by automation, technological changes, or other management-initiated changes and the department shall devise plans for and cooperate with appointing powers and other supervising officials in the administration of counseling, training, and placement programs for employees so affected. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  118. 19995.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6. Training [19995 - 19995.4] ( Chapter 6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department and the Department of Rehabilitation must work together on procedures for referring disabled state employees for rehabilitation and possible retraining, and the Department of Rehabilitation must help devise training programs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6. Training [19995 - 19995.4] ( Chapter 6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19995.3. (a) The department and the Department of Rehabilitation shall jointly formulate procedures for the selection and orderly referral of disabled state employees who can be benefited by rehabilitation services and might be retrained for other appropriate positions within the state service. The Department of Rehabilitation shall cooperate in devising training programs for the disabled employees. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  119. 19995.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6. Training [19995 - 19995.4] ( Chapter 6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must plan and help run training programs for supervisors, managers, and career executive assignment employees, and covered employees must receive specified training hours on initial appointment and then every two years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6. Training [19995 - 19995.4] ( Chapter 6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19995.4. (a) The department shall devise plans for, and cooperate with appointing powers in the conduct of, supervisor, manager, and career executive assignment employee training programs so that the quality of leadership services rendered by persons in those positions may be continually improved and succession planning supported. (b) Upon the initial appointment of an employee to a designated supervisory position, the employee shall be provided a minimum of 80 hours of training, as prescribed by the department. The training shall address the role of the supervisor, techniques of supervision, planning, organizing, staffing, performance standards, performance appraisals, discipline, labor relations, and all employment laws, including, but not limited to, equal employment opportunity and affirmative action for persons with disabilities. Every supervisor shall have access to a copy of each bargaining agreement covering the employees he or she supervises. (c) The required hours of supervisory training shall be successfully completed within six months of the employee’s initial appointment, but no later than the term of the probationary period. Upon completion of the initial appointment training, supervisory employees shall be provided biennially a minimum of 20 hours of leadership training and development, as prescribed by the department. (d) Upon the initial appointment of an employee to a management position, the employee shall be provided a minimum of 40 hours of leadership training and development, as prescribed by the department, within 12 months of appointment. Thereafter, the employee shall be provided biennially a minimum of 20 hours of leadership training and development, as prescribed by the department. (e) Upon the initial appointment of an employee to a career executive assignment position, the employee shall be provided a minimum of 20 hours of leadership training and development as prescribed by the department within 12 months of appointment. Thereafter, the employee shall be provided biennially a minimum of 20 hours of leadership training and development as prescribed by the department. (Amended by Stats. 2018, Ch. 903, Sec. 6. (SB 1504) Effective January 1, 2019.)
  120. 19995.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6.5. The Governor’s Awards [19995.5 - 19995.7] ( Chapter 6.5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The Governor may give annual Governor’s Awards to employees or groups of employees who distinguished themselves by outstanding service to the state in the previous year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6.5. The Governor’s Awards [19995.5 - 19995.7] ( Chapter 6.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19995.5. The Governor may make each year awards which shall be known as the Governor’s Awards to employees or groups of employees who distinguished themselves by outstanding service to the state during the preceding year. (Amended by Stats. 1985, Ch. 266, Sec. 1. Effective July 26, 1985.)
  121. 19995.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6.5. The Governor’s Awards [19995.5 - 19995.7] ( Chapter 6.5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    State department and agency directors must nominate employees for the award, and the Governor must choose the award recipients from among those nominated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6.5. The Governor’s Awards [19995.5 - 19995.7] ( Chapter 6.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19995.6. Employees shall be nominated for the award by the directors of the various state departments and agencies and the Governor shall select from the persons so nominated the persons to whom he or she shall make the award. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  122. 19995.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6.5. The Governor’s Awards [19995.5 - 19995.7] ( Chapter 6.5 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The award must consist of a suitable medal or trophy.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 6.5. The Governor’s Awards [19995.5 - 19995.7] ( Chapter 6.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19995.7. The award shall consist of a suitable medal or trophy. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  123. 19996.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. General [19996 - 19996.2] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Permanent employees holding a position have tenure during good behavior, and they may be separated from state civil service in specified ways.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. General [19996 - 19996.2] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19996. The tenure of every permanent employee holding a position is during good behavior. Any such employee may be temporarily separated from the state civil service through layoff, leave of absence, or suspension, permanently separated through resignation or removal for cause, or permanently or temporarily separated through retirement or terminated for medical reasons under the provisions of Section 19253.5. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  124. 19996.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. General [19996 - 19996.2] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Resignations from state civil service are subject to department rules, and a written resignation can waive chapter rights if it says so.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. General [19996 - 19996.2] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19996.1. (a) Resignations from the state civil service are subject to department rules. A resignation, except as provided in this section, does not jeopardize any rights and privileges of the employee except those pertaining to the position from which he or she resigns. A written resignation may expressly waive all or any rights or privileges provided for by this chapter, including but not limited to, accumulated vacation, and in such event the records of the department shall be made to conform therewith. No resignation shall be set aside on the ground that it was given or obtained pursuant to or by reason of mistake, fraud, duress, undue influence or that for any other reason it was not the free, voluntary and binding act of the person resigning, unless a petition to set it aside is filed with the department within 30 days after the last date upon which services to the state are rendered or the date the resignation is tendered to the appointing power, whichever is later. In the event a resignation is set aside pursuant to this section, the person resigning shall be reinstated to his or her former position and paid his or her salary for the period he or she was removed from state service as the result of such resignation. From any such salary due there shall be deducted compensation that the employee earned, or might reasonably have earned, during any period commencing more than six months after the initial date of resignation. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  125. 19996.19.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The Legislature states findings and policy goals supporting voluntary reduced worktime options.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19996.19. (a) The Legislature finds and declares all of the following: (1) Many individuals in our society possess great productive potential which goes unused because they cannot meet the requirements of a standard workweek. (2) An increasing proportion of workers have family responsibilities which include the care of dependent elders and the rearing of children. (3) There is a lack of adequate, affordable adult or child care to accommodate the growing need for such services. (4) The state is benefited by exploring and encouraging cost-saving supplements to latchkey programs, out-of-home child care services, and adult dependent care. (5) Disabled employees or persons with special health needs may benefit from voluntary reduced worktime. (6) Voluntary reduced worktime benefits both employers and employees, by increasing flexibility and decreasing absenteeism, offering management more flexibility in meeting work requirements, and filling shortages in various occupations. (7) Society is benefited by offering a needed alternative for those individuals who require or prefer shorter hours, despite the reduced income, thus increasing jobs available to reduce unemployment while retaining the skills of individuals who have training and experience. (8) Employment opportunities are maximized by providing for voluntary reduced worktime options to a standard workweek. (b) It is the intent of the Legislature in adopting this section to pursue all of the following objectives: (1) To provide for maximum employment opportunities. (2) To encourage the realization of individual potential. (3) To increase the numbers and kinds of public and private sector voluntary reduced worktime options. (4) To support the creation of a healthy balance between work and family needs, including the need for additional income. (5) To encourage voluntary reduced worktime opportunities within the private as well as public sector. (6) To develop policies and procedures which support the growth of voluntary reduced worktime positions. (7) To promote job stability. (8) To strengthen the family and promote domestic tranquility and to benefit the family and society by promoting a balance between work and home. (9) To provide for alternative solutions to the growing need for adequate child care, care for dependent adults, and care for the disabled. (c) Nothing in this section shall be construed as superseding Sections 19996.20 and 19996.21 which provide that the reduced worktime option shall be made available only to the extent feasible and as the department finds consistent with maximum employment opportunity. (Added by Stats. 1988, Ch. 256, Sec. 1.)
  126. 19996.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. General [19996 - 19996.2] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    An employee absent without leave for five consecutive working days is automatically resigned. A permanent or probationary employee may seek reinstatement by written request within the stated deadlines and must explain the absence; reinstatement is only granted if the department is satisfied. Reinstated employees are not paid for the period of absence or separation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. General [19996 - 19996.2] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19996.2. (a) Absence without leave, whether voluntary or involuntary, for five consecutive working days is an automatic resignation from state service, as of the last date on which the employee worked. A permanent or probationary employee may within 90 days of the effective date of such separation, file a written request with the department for reinstatement; provided, that if the appointing power has notified the employee of his or her automatic resignation, any request for reinstatement must be made in writing and filed within 15 days of the service of notice of separation. Service of notice shall be made as provided in Section 18575 and is complete on mailing. Reinstatement may be granted only if the employee makes a satisfactory explanation to the department as to the cause of his or her absence and his or her failure to obtain leave therefor, and the department finds that he or she is ready, able, and willing to resume the discharge of the duties of his or her position or, if not, that he or she has obtained the consent of his or her appointing power to a leave of absence to commence upon reinstatement. An employee so reinstated shall not be paid salary for the period of his or her absence or separation or for any portion thereof. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  127. 19996.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section defines “reduced worktime” as employment of less than 40 hours per week.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19996.20. “Reduced worktime,” as used in this article, means employment of less than 40 hours of work per week, and includes arrangements involving job sharing, four-, five-, or six-hour workdays, jobs which provide eight hours of employment or less for one, two, three, four or five days per week, and such other arrangements which the department finds consistent with maximum employment opportunity to employees desiring other than a standard worktime. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  128. 19996.21.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The state policy favors making reduced worktime available to employees who cannot or do not want full-time hours, and the director may order surveys if a possible 1% or greater personnel reduction is contemplated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19996.21. (a) It is the policy of the state that to the extent feasible, reduced worktime be made available to employees who are unable, or who do not desire, to work standard working hours on a full-time basis. Further, it is the intent of the Legislature that nothing in this act shall be used to reduce the number of full-time equivalency positions authorized to any department. (b) If the department determines that a reduction in the personnel of departments or agencies of state government equivalent to 1 percent or more or full-time equivalent jobs is contemplated in a single fiscal year, the director may conduct or may direct each affected department or agency to conduct a survey of either all permanent full-time employees or those permanent full-time employees most likely to be affected by the personnel reduction. The purpose of the survey shall be to determine the extent of the desire of employees to participate in voluntary reduced worktime. The survey shall contain information clearly informing employees of potential worktime options, the effect reduced worktime would have on benefits, and the right to return to full-time work as specified in Section 19996.24. (Amended by Stats. 1992, Ch. 711, Sec. 51. Effective September 15, 1992.)
  129. 19996.22.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Employees who are coerced into reducing worktime, or denied participation in the program, may file a grievance; California State University employees use CSU procedures, and full-time state peace officers are excluded unless approved.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19996.22. (a) Any employee who is being coerced, or who has been required, by the appointing power, a supervisor, or another employee, to involuntarily reduce his or her worktime contrary to the intent of this article, or who has been unreasonably denied the right to participate in this program, may file a grievance with the department. (b) Any employee of the California State University system who is being coerced, or who has been required by the appointing power, a supervisor, or another employee, to involuntarily reduce his or her worktime contrary to the intent of this article, or who has been unreasonably denied the right to participate in this program, may file a grievance pursuant to the procedures established by the Trustees of the California State University. (c) Nothing in this article shall impair the employment or employment rights or benefits of any employee. (d) This article shall not apply to employees who are full-time state peace officers unless approved by the peace officers’ appointing power. (Amended by Stats. 1984, Ch. 144, Sec. 127.)
  130. 19996.23.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    State agencies must count reduced-worktime employees as a fraction based on weekly hours when applying any personnel ceiling.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19996.23. In counting the number of employees any state agency employs for purposes of any personnel ceiling, an employee employed on a reduced worktime basis shall be counted as a fraction which is determined by dividing 40 hours into the average number of hours that an employee works each week. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  131. 19996.24.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Permanent employees who voluntarily cut their worktime get first priority to return to full-time work when they ask, if full-time work is available. If a layoff happens, reduced-worktime employees should not be laid off ahead of full-time employees, and layoff decisions must use the same seniority-type factors as for full-time employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19996.24. (a) Permanent employees who voluntarily reduce their worktime shall, upon request, be given first priority for returning to a full-time work schedule to the extent that such full-time work is available. Such permanent employees shall return to full-time employment at the request of the appointing authority pursuant to regulations adopted by the department which shall define the conditions under which such a request by the appointing authority is appropriate and provide a reasonable grace period for allowing an employee to make the necessary personal arrangements for returning to full-time employment. (b) If a layoff becomes unavoidable, persons employed on a reduced worktime basis shall not routinely be subject to the layoff ahead of full-time employees. These employees shall be subject to the same seniority and other similar considerations as full-time employees in determining the order of layoffs. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  132. 19996.25.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If this article conflicts with a memorandum of understanding under Sections 3517.5 and 3572, the memorandum controls. If the memorandum requires spending funds, it does not take effect unless the Legislature approves it in the annual Budget Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19996.25. If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Sections 3517.5 and 3572, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  133. 19996.26.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Reduced worktime employees must receive pro rata benefits like comparable full-time state employees, with special rules for retirement and medical benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19996.26. All persons employed in reduced worktime positions pursuant to Section 19996.21, shall receive, on a pro rata basis, except for benefits provided under the Public Employees’ Retirement Law and under the Public Employees’ Medical and Hospital Care Act, all benefits customarily available to full-time employees of state agencies in similar classes or positions. With regard to benefits provided under the Public Employees’ Retirement Law and under the Public Employees’ Medical and Hospital Care Act, persons employed in reduced worktime positions shall receive such benefits as are provided by law for persons employed for less than full time. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  134. 19996.27.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must adopt appropriate rules and guidelines for reduced worktime implementation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19996.27. The department shall adopt appropriate rules and guidelines relating to reduced worktime implementation. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  135. 19996.28.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The Trustees of the California State University must adopt rules and guidelines for implementing the reduced worktime program for CSU employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19996.28. The Trustees of the California State University shall adopt the appropriate rules and guidelines relating to the implementation of the reduced worktime program for the employees of the California State University system. (Amended by Stats. 1984, Ch. 144, Sec. 128.)
  136. 19996.29.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This article may be cited as the “Reduced Worktime Act.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.6. Reduced Worktime Act [19996.19 - 19996.29] ( Article 1.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19996.29. This article shall be known and may be cited as the “Reduced Worktime Act.” (Added by Stats. 1981, Ch. 230, Sec. 55.)
  137. 19996.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.5. Excluded Employees Leave Program [19996.3- 19996.3.] ( Article 1.5 added by Stats. 1992, Ch. 206, Sec. 1. )

    Verify source ↗

    The department must create a personal leave program for certain state officers and employees, using regulations under Section 3539.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.5. Excluded Employees Leave Program [19996.3- 19996.3.] ( Article 1.5 added by Stats. 1992, Ch. 206, Sec. 1. ) ## 19996.3. (a) Effective July 1, 1992, the department shall implement a personal leave program for state officers and employees excluded from, or otherwise not subject to, the Ralph C. Dills Act, contained in Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1. (b) (1) The department shall implement the personal leave program through regulations adopted pursuant to Section 3539.5. (2) Regulations adopted pursuant to paragraph (1) shall ensure that the program for employees subject to this section is generally equitable and is consistent with the personal leave program provided to employees covered by memoranda of understanding reached under Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1. (Added by Stats. 1992, Ch. 206, Sec. 1. Effective July 15, 1992.)
  138. 19996.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. )

    Verify source ↗

    This article may be cited as the “Partial Service Retirement Act.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. ) ## 19996.30. This article shall be known and may be cited as the “Partial Service Retirement Act.” (Added by Stats. 1983, Ch. 1258, Sec. 1.5. Effective September 30, 1983. Operative January 1, 1984, by Sec. 16 of Ch. 1258.)
  139. 19996.31.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. )

    Verify source ↗

    This section states the Legislature’s intent for the article: to support the retirement system’s fiscal soundness, broaden retirement options, improve public service by retaining experienced workers, reduce social costs from premature retirement, and study whether the program works well enough to guide possible expansion.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. ) ## 19996.31. It is the intent of the Legislature in adopting this article to pursue the following objectives: (a) To protect the fiscal soundness of the Public Employees’ Retirement System. (b) To increase the number and kinds of retirement options available to members of the system. (c) To enhance the quality of service to the general public by retaining longer, on the average, the skill and expertise of our most experienced public servants. (d) To reduce insofar as possible by this indirect means the social costs attributable to inappropriate or premature severance of connection with the labor market by retirees. (e) To conduct and disseminate studies determining the extent to which the concepts embodied in this article are effective in achieving such objectives in hopes that, if successful, the program established under this article may be useful as a guide for extension of the concept to other retirement systems, public and private. (Added by Stats. 1983, Ch. 1258, Sec. 1.5. Effective September 30, 1983. Operative January 1, 1984, by Sec. 16 of Ch. 1258.)
  140. 19996.32.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. )

    Verify source ↗

    Certain eligible state and legislative employees may choose reduced worktime for partial service retirement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. ) ## 19996.32. Any state employee, or legislative employee, who is a state miscellaneous or industrial member working standard hours on a full-time basis, other than a university member, of the Public Employees’ Retirement System and who is eligible to retire pursuant to Section 20953 may elect to participate in reduced worktime for partial service retirement pursuant to this article, provided that the participation may be modified only pursuant to Section 19996.37. (Amended by Stats. 1989, Ch. 752, Sec. 1.)
  141. 19996.33.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. )

    Verify source ↗

    This section defines “reduced worktime for partial service retirement” as an arrangement agreed to by both the appointing authority and the employee, with a monthly worktime reduction of 20% to 60% and proportionally reduced pay and retirement benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. ) ## 19996.33. “Reduced worktime for partial service retirement” means any arrangement of worktime agreeable to both the appointing authority and the employee which aggregates no less, on a monthly basis, than a 20 percent reduction nor more than a 60 percent reduction from what would in that classification be considered full-time employment, combined with the concurrent payment of proportionally reduced compensation and proportionally reduced retirement benefits. As used in this section, and Section 19996.37, “appointing authority” means, with respect to legislative employees, the Joint Rules Committee, the Joint Legislative Budget Committee, the Joint Legislative Audit Committee, the Senate Rules Committee, and the Assembly Rules Committee. (Amended by Stats. 1984, Ch. 268, Sec. 27.12. Effective June 29, 1984.)
  142. 19996.34.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. )

    Verify source ↗

    The state must make reduced worktime for partial service retirement available to eligible state and legislative employees who do not want full-time hours.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. ) ## 19996.34. It is the policy of the state that reduced worktime for partial service retirement shall be made available to state employees and legislative employees eligible pursuant to Section 19996.32 who do not desire to work standard working hours on a full-time basis. Further, it is the intent of the Legislature that nothing in this act shall be used to reduce the number of full-time equivalency positions authorized to any department. (Amended by Stats. 1984, Ch. 268, Sec. 27.13. Effective June 29, 1984.)
  143. 19996.35.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. )

    Verify source ↗

    An employee who is coerced into, or unreasonably denied, reduced worktime for partial service retirement may file a grievance under the applicable memorandum of understanding or the department’s rules and regulations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. ) ## 19996.35. (a) Any employee who is being coerced, or who has been required, by the appointing power, a supervisor, or another employee, to involuntarily reduce his or her worktime for partial service retirement contrary to the intent of this article, or who has been unreasonably denied the right to participate in this program, may file a grievance in accordance with either the applicable memorandum of understanding or rules and regulations of the department. (b) Nothing in this article shall impair the employment or employment rights or benefits of any employee. (Added by Stats. 1983, Ch. 1258, Sec. 1.5. Effective September 30, 1983. Operative January 1, 1984, by Sec. 16 of Ch. 1258.)
  144. 19996.36.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. )

    Verify source ↗

    When a state agency counts employees for a personnel ceiling, a reduced-worktime partial service retirement employee must be counted using a fraction based on weekly hours worked.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. ) ## 19996.36. In counting the number of employees any state agency employs for purposes of any personnel ceiling, an employee employed on a reduced worktime basis for partial service retirement shall be counted as a fraction which is determined by dividing 40 hours into the average number of hours that an employee works each week. (Added by Stats. 1983, Ch. 1258, Sec. 1.5. Effective September 30, 1983. Operative January 1, 1984, by Sec. 16 of Ch. 1258.)
  145. 19996.37.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. )

    Verify source ↗

    Certain state and legislative employees in partial service retirement can get priority to return to full-time work, can make limited worktime elections, and may be required back to full-time only during a qualifying emergency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. ) ## 19996.37. (a) A permanent state employee or legislative employee who voluntarily reduces his or her worktime for partial service retirement pursuant to this article shall, upon request and subject to subdivision (b), be given priority for returning to a full-time work schedule to the extent that such full-time work is available; provided, that any employee who so voluntarily returns to full-time work shall be ineligible for five years thereafter to again participate pursuant to this article. The appointing authority may require a participating employee to return to full-time employment only if a state of emergency has been declared pursuant to Section 8558 which affects the area of the state in which the employee works. (b) A state employee or a legislative employee who is participating pursuant to this article in reduced worktime for partial service retirement may: (1) elect only once in each fiscal year to further reduce his or her worktime; (2) elect only once in five years to increase his or her worktime to another less than full-time schedule. (Amended by Stats. 1984, Ch. 268, Sec. 27.14. Effective June 29, 1984.)
  146. 19996.38.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. )

    Verify source ↗

    If this article conflicts with a memorandum of understanding under Section 3517.5, the memorandum controls; if the memorandum would require spending funds, it is not effective unless the Legislature approves it in the annual Budget Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. ) ## 19996.38. If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1983, Ch. 1258, Sec. 1.5. Effective September 30, 1983. Operative January 1, 1984, by Sec. 16 of Ch. 1258.)
  147. 19996.39.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. )

    Verify source ↗

    Employees in reduced-worktime positions for partial service retirement must receive reduced pay and most benefits on a pro rata basis, with specified health and dental benefit exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1.7. Reduced Worktime for Partial Service Retirement [19996.30 - 19996.39] ( Article 1.7 added by Stats. 1983, Ch. 1258, Sec. 1.5. ) ## 19996.39. All persons employed in reduced worktime positions for partial service retirement pursuant to this article, shall receive proportionally reduced compensation and, on a pro rata basis, except for benefits provided under the Public Employees’ Medical and Hospital Care Act, the State Employees’ Dental Care Act, and the California Dental Service program, all benefits customarily available to full-time employees of state agencies in similar classes or positions. With regard to benefits provided under the Public Employees’ Medical and Hospital Care Act, persons employed in reduced worktime positions for partial service retirement shall receive the same benefits as are provided by law for employees under the same circumstances who are employed, full time. The department may, for purposes of administrative efficiency, treat the class of partially retired employees as fully employed with respect to health care benefits, provided that such administrative treatment does not impair the level of benefits to which the class would be entitled if treated administratively another way. (Amended by Stats. 1984, Ch. 268, Sec. 27.15. Effective June 29, 1984.)
  148. 19997.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The appointing power may lay off employees when staff reductions are needed because of lack of work, lack of funds, or economy.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997. Whenever it is necessary because of lack of work or funds, or whenever it is advisable in the interests of economy, to reduce the staff of any state agency, the appointing power may lay off employees pursuant to this article and department rule. All layoff provisions and procedures established or agreed to under this article shall be subject to State Personnel Board review pursuant to Section 19816.2. (Amended by Stats. 2002, Ch. 1, Sec. 28. Effective January 16, 2002.)
  149. 19997.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    When an employee is laid off, the duties that employee performed may be reassigned to other employees in the state agency if they hold positions in appropriate classes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997.1. The duties performed by any employee laid off may be assigned to any other employee or employees in the state agency holding positions in appropriate classes. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  150. 19997.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Certain civil service officers or employees displaced by someone with a right to return must be given the same chance to elect demotion instead of layoff.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997.10. (a) Any officer or employee, directly or indirectly, entitled to or having permanent status under the provisions of Article VII of the Constitution or the State Civil Service Act, who is displaced by one having a right to return shall be accorded the same rights to elect demotion in lieu of layoff as though he or she had had permanent status at all times in any previous position. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  151. 19997.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Employees laid off or demoted must be placed on specified reemployment lists, and the department may place them on additional appropriate class lists.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997.11. (a) The names of employees to be laid off or demoted shall be placed upon the reemployment list for the subdivision, if such a subdivision was designated, upon the departmental reemployment list and upon the general reemployment list, for the class from which the employees were laid off or demoted. The department may also place these names upon the general reemployment list for any other appropriate classes as the department determines. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2002, Ch. 1, Sec. 35. Effective January 16, 2002.)
  152. 19997.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    An employee certified back into a class after layoff or demotion in lieu of layoff must be paid at least the same salary step they had before.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997.12. (a) An employee who is certified to a position in a class after layoff, or demotion in lieu of layoff, shall receive not less than the same step in the salary range as he or she received in the position in that class prior to such layoff or demotion. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  153. 19997.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Employees must be notified of a layoff 30 days before it takes effect, the notice must be in writing and state the reasons, and an employee may choose to accept the layoff before the effective date.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997.13. (a) An employee shall be notified that the employee is to be laid off 30 days prior to the effective date of layoff and not more than 60 days after the date of the seniority computation. The notice of layoff shall be in writing and shall contain the reason or reasons for the layoff. An employee to be laid off may elect to accept this layoff prior to the effective date of the layoff. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2024, Ch. 52, Sec. 17. (AB 171) Effective July 2, 2024.)
  154. 19997.14.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    An employee may appeal a layoff to the department within 30 days, and the department must hold a hearing or investigation within 30 days after the appeal.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997.14. (a) An employee may appeal to the department within 30 days after receiving notice of layoff on the ground that the required procedure has not been complied with or that the layoff has not been made in good faith or was otherwise improper. Within 30 days after such an appeal, the department shall hold such hearing or investigation as it deems necessary. On its own motion the department may also conduct such a hearing or investigation within 30 days after receiving a notice of layoff. In rendering a decision on a layoff, the department may order the reinstatement of the employee with or without pay if it appears that the required procedure was not followed or that the layoff was not made in good faith or was otherwise improper. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  155. 19997.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Some California Maritime Academy civil service employees must file a prescribed statement by December 30, 1994 if they do not intend to transfer to the California State University system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997.15. (a) In order to provide state civil service employees of the California Maritime Academy with an opportunity to remain in the state civil service system, there shall be a transition period from January 1, 1994, to June 30, 1995, inclusive. Any civil service employee of the California Maritime Academy who does not transfer with the California Maritime Academy to the California State University system shall be eligible for all job placement provisions available pursuant to Sections 19998 and 19998.1. Any civil service employee who does not intend to transfer with the academy to the California State University system prior to July 1, 1995, must file a statement, on or before December 30, 1994, in the form as the Director of the Department of Personnel Administration shall prescribe rejecting employment in the California State University. Those employees shall be subject to state civil service layoff and reemployment in accordance with Part 2 (commencing with Section 18500), regulations adopted pursuant to those provisions, provisions of applicable memoranda of understanding, or any other provision governing layoff and reemployment within the state civil service. Any employee who does not file the statement rejecting California State University employment shall be considered an employee of the California State University, effective July 1, 1995. (b) In order to provide for the orderly transition of California Maritime Academy employees from the state civil service to the California State University, the following shall apply: (1) The terms of any memorandum of understanding shall remain in effect until the memorandum of understanding expires or is amended or replaced. (2) After January 1, 1994, employees of the California Maritime Academy, with the agreement of the exclusive representative and the Trustees of the California State University, may petition the Public Employment Relations Board to effect a bargaining unit modification; however, any modification ordered by the board shall not be effective until July 1, 1995, at the earliest. (3) If no modification is effected, the state classifications used by the California Maritime Academy on June 30, 1995, shall, on July 1, 1995, be placed in new bargaining units under the Higher Education Employer-Employee Relations Act (Chapter 12 (commencing with Section 3560) of Division 4 of Title 1) for the California Maritime Academy parallel to the bargaining units as they exist on June 30, 1995, and shall continue unless and until a unit modification is ordered by the Public Employment Relations Board. (4) The exclusive representatives for each state bargaining unit representing California Maritime Academy employees, as those representatives and units exist on June 30, 1995, shall continue as the exclusive representatives for their respective bargaining units unless an election is called, but in no case may any such change in exclusive representative occur prior to July 1, 1995. An election is not required to be held, and if no election occurs, the exclusive representatives shall continue as the exclusive representatives with responsibility to meet and confer with the Trustees of the California State University or their designees on collective bargaining issues. Notwithstanding any provision of the act that added this section to the Government Code, and to the extent authorized by law, the scope of representation shall at least include any subject matter contained in the current memoranda of understanding. (Added by Stats. 1993, Ch. 1298, Sec. 6. Effective January 1, 1994. Note: See this section, as modified on July 1, 2012, in Governor's Reorganization Plan No. 1 of 2011.)
  156. 19997.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    With department approval, a state agency may limit layoff consideration to employees in a designated subdivision, and those subdivision reemployment lists get priority.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997.2. (a) With the approval of the department, only the employees of a designated geographical, organizational or functional subdivision of a state agency need be considered for layoff, and reemployment lists shall be established for such subdivision. Such lists take priority over the departmental and other reemployment or employment lists. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  157. 19997.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The Department must set layoff seniority rules and, for certain classes, add employee efficiency into layoff and reemployment-list ordering.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997.3. (a) Layoff shall be made in accordance with the relative seniority of the employees in the class of layoff. In determining seniority scores, one point shall be allowed for each complete month of full-time state service regardless of when the service occurred. Department rules shall establish all of the following: (1) The extent to which seniority credits may be granted for less than full-time service. (2) The seniority credit to be granted for service in a class that has been abolished, combined, divided, or otherwise altered under the authority of Section 18802. (3) The basis for determining the sequence of layoff whenever the class and subdivision of layoff includes employees whose service is less than full time. (4) Any other matters as are necessary or advisable to the operation of this chapter. (b) For professional, scientific, administrative, management, and executive classes, the department shall prescribe standards and methods by rule whereby employee efficiency shall be combined with seniority in determining the order of layoffs and the order of names on reemployment lists. These standards and methods may vary for different classes, and shall take into consideration the needs of state service and practice in private industry and other public employment. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding incur either present or future costs, or require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2003, Ch. 62, Sec. 127. Effective January 1, 2004.)
  158. 19997.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    For seniority calculations, “state service” includes service exempt from state civil service. If this section conflicts with a memorandum of understanding, the memorandum controls, unless it would require spending funds; in that case, it needs approval in the annual Budget Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997.4. (a) For the purposes of determining seniority pursuant to subdivision (a) of Section 19997.3, the term “state service” shall include all service that is exempt from state civil service. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2002, Ch. 1, Sec. 30. Effective January 16, 2002.)
  159. 19997.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Layoffs needed because an employee is reinstated after recognized military service must follow the layoff rules in this section, with special treatment for seniority and demotion in certain cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997.5. (a) Separations that are necessary by reason of reinstatement of an employee or employees after recognized military service as provided for in Section 19780 shall be made by layoff. In making these separations, the regular method of determining the order of layoff shall be used unless this would result in the layoff of an employee who has been reinstated in the class and subdivision of layoff under Section 19780, and in the retention of an employee who was appointed in the class and subdivision of layoff during the time that a reinstated employee was on military leave. Under these circumstances, seniority shall not be counted as provided in Section 19997.3. Instead, service in the subdivision of layoff that qualifies under Section 19997.3 for credit is the only state service that shall be counted. Whenever such a layoff results in the demotion to a lower class of an employee who has been reinstated after recognized military service as provided in Section 19780, the resulting layoff, if any, in the lower class shall be made as though that reinstated employee had been in that lower class at the time he or she went on military leave. Any layoff occurring within one year after reinstatement of an employee after recognized military service shall be presumed to have been necessary by reason of reinstatement of an employee or employees under Section 19780 unless the department determines that the reason for layoff is clearly not related to the reinstatement. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2002, Ch. 1, Sec. 31. Effective January 16, 2002.)
  160. 19997.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    A qualifying veteran who is laid off is entitled to seniority credit for recognized military service, unless the veteran was reinstated from military leave.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997.6. (a) A veteran, except a veteran who was reinstated from military leave, shall in the event of layoff receive seniority credit for recognized military service if the veteran entered the state service after discharge, the end of the national emergency, or the end of the state military emergency. (b) Seniority credit for recognized military service shall be computed as if it were service in the class to which the employee was first given permanent civil service or exempt appointment after his or her entry into the state service following recognized military service. (c) Seniority credit for recognized military service shall not exceed one year’s credit if the veteran had no state service prior to entering the military service. (d) This section shall become operative on July 1, 1993. (Amended by Stats. 2002, Ch. 1, Sec. 32. Effective January 16, 2002.)
  161. 19997.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section sets the layoff order for employees in the affected class, gives veterans preference when scores are tied, and lets department rules resolve other ties. A conflicting memorandum of understanding controls, unless it requires funding and is not approved in the annual Budget Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997.7. (a) Employees in the class under consideration, up to the number of positions to be abolished or discontinued, shall be laid off in the order as determined under this part. As between two or more of these employees who have the same score, veterans shall have preference in retention. Other ties shall be resolved according to department rule that shall take into consideration other matters of record before names are drawn by lot. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2002, Ch. 1, Sec. 33. Effective January 16, 2002.)
  162. 19997.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    An employee laid off may choose demotion instead, but must give written notice to the appointing power within 5 calendar days after receiving layoff notice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997.8. (a) In lieu of being laid off an employee may elect demotion to: (1) any class with substantially the same or a lower maximum salary in which he or she had served under permanent or probationary status, or (2) a class in the same line of work as the class of layoff, but of lesser responsibility, if a class is designated by the department. Whenever a demotion requires a layoff in the elected class, the seniority score for the demoted employee shall be recomputed in that class. The appointing power shall inform the employee in the notice of layoff of the classes to which he or she has the right to demote. To be considered for demotion in lieu of layoff an employee shall notify his or her appointing power in writing of his or her election not later than five calendar days after receiving notice of layoff. (b) Demotions in lieu of layoff, and layoffs resulting therefrom, shall be governed by this article and shall be made within the subdivisions approved by the department for this purpose. These subdivisions need not be the same as those used to determine the area of layoff under Section 19997.2. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2002, Ch. 1, Sec. 34. Effective January 16, 2002.)
  163. 19997.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Employees affected by a demotion keep the same demotion option under Section 19997.8, and demoted employees generally must receive the top of the salary range for the class they are moved into, unless the department authorizes an exception under Section 19837.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Layoff and Demotion [19997 - 19997.15] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19997.9. (a) Any employee replaced by such demotion has the same option of demotion afforded by Section 19997.8 as if his or her position had been abolished or discontinued. Except as authorized by the department under the provisions of Section 19837, any employee demoted pursuant to this article shall receive the maximum of the salary range of the class to which he or she is demoted; provided, that such salary is not greater than the salary he or she received at the time of demotion. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  164. 19998.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Layoff Reemployment [19998 - 19998.1] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The state policy favors helping employees move to other civil service jobs when their current tasks are eliminated or substantially changed by management-driven changes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Layoff Reemployment [19998 - 19998.1] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19998. (a) It is the policy of the state that when an employee is to be separated from state service because the tasks he or she was assigned are to be eliminated or substantially changed due to management-initiated changes, including but not limited to automation or other technological changes, steps should be taken on an interdepartmental basis to assist such employee in locating, preparing to qualify for, and being placed in other positions in the state civil service. This provision shall not be construed to restrict the authority of the executive branch or the Legislature to effect economies or make organizational or other changes to increase efficiency in state government. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  165. 19998.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Layoff Reemployment [19998 - 19998.1] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may temporarily limit appointment methods when needed to place affected employees into other civil service jobs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Layoff Reemployment [19998 - 19998.1] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19998.1. (a) The department may temporarily restrict the choice of methods of appointment available to an appointing power if such restriction is deemed necessary in the placement in other state civil service positions of employees whose positions have been or are about to be changed substantially or eliminated by such management-initiated changes. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  166. 19998.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Reentry to State Service [19998.3 - 19998.4] ( Article 4 added by Stats. 1987, Ch. 138, Sec. 2. )

    Verify source ↗

    The department must adopt rules and keep service records for vacation credit after breaks in service. Employees with certain temporary breaks can count prior service again when they return, but employees with a six-month-or-longer permanent separation generally lose prior sick leave credit and must requalify for vacation credit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Reentry to State Service [19998.3 - 19998.4] ( Article 4 added by Stats. 1987, Ch. 138, Sec. 2. ) ## 19998.3. Notwithstanding any other provision of law to the contrary, an employee whose continuity of employment in the state service as either an exempt or civil service employee is broken for six months or longer by a permanent separation such as resignation, dismissal, or rejection during a probationary period, and who is subsequently reemployed after December 31, 1949, shall not be credited for service prior to that separation for purposes of sick leave, nor shall the employee be credited with any sick leave which the employee had accumulated prior to his or her separation and he or she shall again serve the months required to qualify for vacation credit. The department shall adopt rules governing the crediting of service before and after a break in service for purposes of vacation as specified in Section 19858.1 and the keeping of service records related thereto. When an employee has a break in the continuity of his or her state employment because of a temporary separation such as layoff, suspension, leave of absence, military leave, disability retirement, or medical termination, his or her prior service shall be counted upon his or her return to state service for purposes of layoff, sick leave, and vacation. If an employee had a break in the continuity of his or her state employment because of absence occasioned by his or her evacuation and relocation pursuant to orders issued by the commanding officer of the Western Defense Command in March 1942, for the evacuation of persons of Japanese descent from the area, where that employee was in state service on March 5, 1942, and returned to state service on or before December 31, 1949, the time of absence during which those orders were in effect shall be counted for purposes of layoff. (Added by Stats. 1987, Ch. 138, Sec. 2.)
  167. 19998.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Reentry to State Service [19998.3 - 19998.4] ( Article 4 added by Stats. 1987, Ch. 138, Sec. 2. )

    Verify source ↗

    An eligible employee returning to state service must be credited with county vacation and sick leave, subject to limits and exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 7. Separations from Service [19996 - 19998.4] ( Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Reentry to State Service [19998.3 - 19998.4] ( Article 4 added by Stats. 1987, Ch. 138, Sec. 2. ) ## 19998.4. (a) An employee who entered county employment pursuant to a resolution or agreement effecting the transfer of that employee by the State Department of Mental Health to a local mental health services program in accordance with Chapter 1330 of the Statutes of 1984, shall, upon reentry into state service, be credited with vacation and sick leave owed to that employee by the county, except as provided by subdivisions (b) and (c). (b) Any hours of vacation and sick leave for which the employee receives monetary compensation upon separation from the county, shall be deducted from the total hours of vacation and sick leave to which the employee is entitled. The credit for accumulated vacation and sick leave shall not exceed that to which each employee would be entitled if he or she had been continuously employed by the State of California in the classification in which he or she held permanent status at the time of separation from state service. (c) The separation from state service shall be considered permanent for purposes of subdivision (a) and no vacation or sick leave credit for time employed by the county shall be granted by the state if either of the following has occurred: (1) The employee permanently separated from county service for six months or longer. (2) More than five years elapsed since the employee was transferred by the department to the county. (Added by Stats. 1987, Ch. 138, Sec. 2.)
  168. 19999.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 8. Two-Tiered Retirement System [19999 - 19999.1] ( Chapter 8 added by Stats. 1982, Ch. 327, Sec. 58. )

    Verify source ↗

    The Legislature states that a two-tiered retirement system is intended to reduce retirement costs and improve coordination of benefits, and it expresses intent to authorize its development.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 8. Two-Tiered Retirement System [19999 - 19999.1] ( Chapter 8 added by Stats. 1982, Ch. 327, Sec. 58. ) ## 19999. The Legislature hereby finds and declares that retirement costs to the state and its employees would be reduced by the establishment of a two-tiered retirement system which would improve the coordination of benefits between Social Security and the Public Employees’ Retirement System. It is therefore the intent of the Legislature to authorize the development of a two-tiered retirement system. (Added by Stats. 1982, Ch. 327, Sec. 58. Effective June 30, 1982.)
  169. 19999.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 8. Two-Tiered Retirement System [19999 - 19999.1] ( Chapter 8 added by Stats. 1982, Ch. 327, Sec. 58. )

    Verify source ↗

    The Department of Human Resources must work with the Board of Administration of the Public Employees’ Retirement System to develop legislation for a two-tiered retirement system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 8. Two-Tiered Retirement System [19999 - 19999.1] ( Chapter 8 added by Stats. 1982, Ch. 327, Sec. 58. ) ## 19999.1. The Department of Human Resources, in conjunction with the Board of Administration of the Public Employees’ Retirement System, shall develop legislation which will implement a two-tiered retirement system. (Amended by Stats. 2012, Ch. 665, Sec. 106. (SB 1308) Effective January 1, 2013.)
  170. 19999.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 8.5. Retirement Plan for Employees Excluded From the Public Employees’ Retirement System [19999.2 - 19999.21] ( Chapter 8.5 added by Stats. 1991, Ch. 83, Sec. 3. )

    Verify source ↗

    The Legislature authorizes a retirement program for certain state employees, with a 7.5% wage deferral feature, and the section may become inoperative if federal or state law makes it inconsistent or unnecessary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 8.5. Retirement Plan for Employees Excluded From the Public Employees’ Retirement System [19999.2 - 19999.21] ( Chapter 8.5 added by Stats. 1991, Ch. 83, Sec. 3. ) ## 19999.2. (a) The Legislature hereby finds and declares that this chapter is intended to satisfy the requirements prescribed by the Omnibus Budget Reconciliation Act of 1990 (OBRA). Section 3121(b)(7)(F) of the Internal Revenue Code requires that state employees who are not members of the Public Employees’ Retirement System must be covered by social security, or, in the alternative, be provided benefits through a qualified pension or annuity program, effective with compensated services rendered on or after July 2, 1991. Therefore, the Legislature hereby authorizes the development of a retirement program under the State’s Deferred Compensation Plan, the Savings Plan, or any other acceptable defined contribution plan in which state employees can defer compensation at 7.5 percent of wages, as the term “wages” is defined for social security purposes. (b) “State employees,” as used in subdivision (a), includes the employees defined in Section 19815, as well as employees of the California State University, who are not covered by social security or by the Public Employees’ Retirement System. (c) This section shall not apply to employees of the California State University unless and until the trustees authorize their coverage in this retirement program. (d) In the event that the retirement program authorized by this section is inconsistent with federal laws or rules or becomes unnecessary under the state or federal law, this section shall become inoperative. (Amended by Stats. 2006, Ch. 538, Sec. 289. Effective January 1, 2007. Conditionally inoperative as provided in subd. (d).)
  171. 19999.21.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 8.5. Retirement Plan for Employees Excluded From the Public Employees’ Retirement System [19999.2 - 19999.21] ( Chapter 8.5 added by Stats. 1991, Ch. 83, Sec. 3. )

    Verify source ↗

    The Department of Human Resources must administer the retirement program and set rules for how it works, including benefit payments, employee deferrals, membership changes, and other implementation details. It may also charge state agencies a fee for administration costs, and the regulations take effect immediately when filed with the Secretary of State.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 8.5. Retirement Plan for Employees Excluded From the Public Employees’ Retirement System [19999.2 - 19999.21] ( Chapter 8.5 added by Stats. 1991, Ch. 83, Sec. 3. ) ## 19999.21. The Department of Human Resources shall administer the retirement program established by this chapter. The department shall provide by rule for the regulation of the retirement program and the method by which the benefit payments would be made to eligible recipients. The department shall by rule establish the level of employee deferrals to the plan, cessation of, or transfer of membership to the Public Employees’ Retirement System upon qualification, continued participation in the plan, and other provisions necessary for the implementation of this retirement program. The department may assess each state agency a fee for the costs associated with administration of this program. The regulations shall not be subject to the review and approval of the Office of Administrative Law, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. The regulations shall become effective immediately upon filing with the Secretary of State. (Amended by Stats. 2012, Ch. 665, Sec. 108. (SB 1308) Effective January 1, 2013.)
  172. 19999.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 8.6. Alternate Retirement Program for New Employees Exempted from Contributions to the Public Employees’ Retirement System [19999.3 - 19999.31] ( Chapter 8.6 added by Stats. 2004, Ch. 214, Sec. 1. )

    Verify source ↗

    This section sets an alternate retirement program for certain new state employees and requires specified contribution rates, with the state employer picking up and deducting the employee contribution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 8.6. Alternate Retirement Program for New Employees Exempted from Contributions to the Public Employees’ Retirement System [19999.3 - 19999.31] ( Chapter 8.6 added by Stats. 2004, Ch. 214, Sec. 1. ) ## 19999.3. (a) The Legislature finds and declares that this chapter is intended to provide an alternate retirement program for new state employees who are members of the Public Employees’ Retirement System pursuant to Section 20281.5 and who, during the 24 months of employment following the date they qualify for membership in the system pursuant to that section, do not make contributions into the defined benefit retirement program. (b) The Legislature hereby authorizes the development of a retirement program under the Deferred Compensation Plan, the tax-deferred savings plan, or any other acceptable defined contribution plan. (c) The state employees described in subdivision (a) who are employed in positions that are subject to the federal system, as defined in Section 20033, shall contribute to the retirement program 5 percent of compensation, as set forth in Part 3 (commencing with Section 20000), in excess of five hundred thirteen dollars ($513) per month paid to that member for service rendered. The state employer shall pick up the contribution, as authorized by Section 414(h) of the Internal Revenue Code, and shall deduct the contribution from the employee’s compensation. The contributions required by this subdivision shall cease when the state employee begins making contributions to the defined benefit retirement program. (d) State employees hired on or after July 1, 2006, who are represented by State Bargaining Unit 2 and are employed in positions that are subject to the federal system, as defined in Section 20033, shall contribute to the retirement program 6 percent of compensation, as set forth in Part 3 (commencing with Section 20000), in excess of five hundred thirteen dollars ($513) per month paid to that member for service rendered. The state employer shall pick up the contribution, as authorized by Section 414(h) of the Internal Revenue Code, and shall deduct the contribution from the employee’s compensation. The contributions required by this subdivision shall cease when the state employee begins making contributions to the defined benefit retirement program. (e) Beginning with the first pay period following the effective date of this subdivision, all state employees who are subject to this section shall make contributions required by this section in the same amount as contributions made by employees in the same employment classifications and state bargaining units who are members subject to Part 3 (commencing with Section 20000) of Division 5 of Title 2. Consistent with the normal rate of contribution for all members identified in this subdivision, the Director of Human Resources may exercise his or her discretion to establish the normal rate of contribution for a related state employee who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, and an officer or employee of the executive branch of state government who is not a member of the civil service. (f) (1) “State employees,” as used in this section, include employees, as defined in Section 19815. (2) This section shall not apply to employees of the California State University, the University of California, or the legislative or judicial branch. (g) If the retirement program authorized by this section is inconsistent with federal laws or rules or becomes unnecessary under state or federal law, this section shall become inoperative. (Amended by Stats. 2012, Ch. 665, Sec. 107. (SB 1308) Effective January 1, 2013. Conditionally inoperative as provided in subd. (g).)
  173. 19999.31.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 8.6. Alternate Retirement Program for New Employees Exempted from Contributions to the Public Employees’ Retirement System [19999.3 - 19999.31] ( Chapter 8.6 added by Stats. 2004, Ch. 214, Sec. 1. )

    Verify source ↗

    The Department of Human Resources must administer this retirement program and may charge state agencies a fee for administration costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 8.6. Alternate Retirement Program for New Employees Exempted from Contributions to the Public Employees’ Retirement System [19999.3 - 19999.31] ( Chapter 8.6 added by Stats. 2004, Ch. 214, Sec. 1. ) ## 19999.31. The Department of Human Resources shall administer the retirement program established by this chapter. The department shall provide the method by which benefit payments shall be made to eligible recipients. The department shall establish the program, the transfer of contributions to the Public Employees’ Retirement System upon qualification and election by the member, continued participation in the program, and other provisions necessary for the implementation of the retirement program. The department may assess each state agency a fee for the costs associated with administration of this program. (Amended by Stats. 2012, Ch. 665, Sec. 109. (SB 1308) Effective January 1, 2013.)
  174. 19999.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 9. Tax-Deferred Savings Plans [19999.5- 19999.5.] ( Chapter 9 added by Stats. 1985, Ch. 194, Sec. 1. )

    Verify source ↗

    The department may set up and run tax-advantaged retirement savings plans for officers and employees, and may hire out or specify how the plans are administered.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 9. Tax-Deferred Savings Plans [19999.5- 19999.5.] ( Chapter 9 added by Stats. 1985, Ch. 194, Sec. 1. ) ## 19999.5. In order to encourage savings and increase the savings options available to officers and employees, the department may establish and administer tax-advantaged retirement savings plans in accordance with Section 401(a) of the Internal Revenue Code, including cash or deferral arrangements under Section 401(k) of the Internal Revenue Code. The department may develop specifications and contract for the administration of the plans to the extent necessary to carry out this section. These plans shall be provided in addition to the retirement savings plans currently authorized, shall offer the maximum flexibility available under current federal law, and may provide for employer as well as employee contributions. (Amended by Stats. 2018, Ch. 903, Sec. 7. (SB 1504) Effective January 1, 2019.)
  175. 19999.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 10. Annuity Contracts [19999.7- 19999.7.] ( Chapter 10 added by Stats. 1990, Ch. 1149, Sec. 1. )

    Verify source ↗

    The department may run a purchase program for qualifying annuity contracts and must issue regulations setting standards for sellers and providers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 10. Annuity Contracts [19999.7- 19999.7.] ( Chapter 10 added by Stats. 1990, Ch. 1149, Sec. 1. ) ## 19999.7. (a) The department may establish and administer the purchase of annuity contracts which meet the requirements of Section 403(b) of the Internal Revenue Code and shall prescribe regulations in connection thereto which, among other things, specify standards to be met by companies or other persons or entities which offer annuity contracts for sale, including standards to ensure that providers are rated by a nationally recognized rating service as being within the three highest rating categories for financial condition and operating performance. The provisions of Section 770.3 of the Insurance Code shall not be applicable to the department. (b) This section shall apply only to the purchase of annuity contracts on and after the effective date of this section. (Added by Stats. 1990, Ch. 1149, Sec. 1.)
  176. 2.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Code provisions that are substantially the same as existing statutes on the same subject are to be read as restatements and continuations, not as new enactments.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 2. The provisions of this code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed as restatements and continuations, and not as new enactments. (Enacted by Stats. 1943, Ch. 134.)
  177. 20.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    “City” includes a city and county and an incorporated town, but not an unincorporated town or village.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 20. “City” includes “city and county” and “incorporated town,” but does not include “unincorporated town” or “village.” (Enacted by Stats. 1943, Ch. 134.)
  178. 200.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 5. Rights Over Persons [200 - 210.6] ( Article 5 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The State has rights over persons within its limits, but those rights may be exercised only as provided by law.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 5. Rights Over Persons [200 - 210.6] ( Article 5 enacted by Stats. 1943, Ch. 134. ) ## 200. The State has the rights prescribed in this article over persons within its limits, to be exercised in the cases and in the manner provided by law. (Enacted by Stats. 1943, Ch. 134.)
  179. 20000.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20000 - 20004] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section says this part may be cited as the Public Employees’ Retirement Law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20000 - 20004] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20000. This part may be cited as the Public Employees’ Retirement Law. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  180. 20001.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20000 - 20004] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section states the purpose of the part: to improve economy and efficiency in public service by providing for replacement of superannuated or incapacitated employees, and to create a retirement system with retirement compensation and death benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20000 - 20004] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20001. The purpose of this part is to effect economy and efficiency in the public service by providing a means whereby employees who become superannuated or otherwise incapacitated may, without hardship or prejudice, be replaced by more capable employees, and to that end provide a retirement system consisting of retirement compensation and death benefits. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  181. 20002.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20000 - 20004] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The Public Employees’ Retirement System is continued in existence and is part of the Government Operations Agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20000 - 20004] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20002. The Public Employees’ Retirement System created by Chapter 700 of the Statutes of 1931, as amended, is continued in existence under this part. This system is a unit of the Government Operations Agency. (Amended by Stats. 2013, Ch. 352, Sec. 304. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  182. 20003.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20000 - 20004] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This chapter’s definitions and general provisions control how this part is read, unless the context requires otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20000 - 20004] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20003. Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this part. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  183. 20004.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20000 - 20004] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    The board is given all powers reasonably necessary to administer and implement the California Public Employees’ Pension Reform Act of 2013, and related laws apply unless they conflict with that Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 1. General Provisions [20000 - 20004] ( Article 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20004. (a) It is the intent of the Legislature, in enacting this section and amending this part, to comply with, and implement the provisions of, the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1) to ensure the continued ability of the board to invest the retirement fund and administer the system in conformity with its duties and responsibilities and to ensure that members are provided with the retirement and related benefits to which they are entitled pursuant to law. (b) To achieve the purposes set forth in subdivision (a), the board shall have all powers reasonably necessary to invest the assets associated with, and to administer and implement the provisions of, the California Public Employees’ Pension Reform Act of 2013, to the extent and with the same effect as if the provisions of the act are contained in the Public Employees’ Retirement Law. All laws governing the investment of the retirement fund, and the organization, procedures, and administrative duties and responsibilities of the board shall be applicable to the board in its administration of the California Public Employees’ Pension Reform Act of 2013, to the extent these laws are not in conflict with, or are not inconsistent with, the act. If the board determines that there is a conflict between the provisions of the California Public Employees’ Pension Reform Act of 2013 and the Public Employees’ Retirement Law, the provisions of the California Public Employees’ Pension Reform Act of 2013 shall control. (c) Nothing in this section shall be construed to amend, supersede, limit, or extend the application of the provisions of the California Public Employees’ Pension Reform Act of 2013. (Added by Stats. 2013, Ch. 526, Sec. 2. (SB 220) Effective January 1, 2014.)
  184. 20010.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “accumulated additional contributions” as the total of additional contributions in a member’s individual account plus interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20010. “Accumulated additional contributions” means the sum of all additional contributions standing to the credit of a member’s individual account, and interest thereon. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  185. 20011.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “Accumulated contributions” means a member’s accumulated normal contributions plus any accumulated additional contributions credited to the member’s account.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20011. “Accumulated contributions” means accumulated normal contributions plus any accumulated additional contributions standing to the credit of a member’s account. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  186. 20012.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “Accumulated normal contributions” as the total of normal contributions credited to a member’s individual account plus interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20012. “Accumulated normal contributions” means the sum of all normal contributions standing to the credit of a member’s individual account, and interest thereon. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  187. 20013.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “Actuarial equivalent” means a benefit with equal value, calculated using the mortality tables adopted and the actuarial interest rate fixed by the board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20013. “Actuarial equivalent” means a benefit of equal value when computed upon the basis of the mortality tables adopted and the actuarial interest rate fixed by the board. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  188. 20014.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “actuarial interest rate” as the interest rate fixed by the board for actuarial valuation of this system’s assets and liabilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20014. “Actuarial interest rate” means the interest rate fixed by the board for purposes of actuarial valuation of the assets and liabilities of this system. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  189. 20015.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “Actuary” as an actuary employed by the board on a full-time or part-time basis.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20015. “Actuary” means an actuary regularly employed on a full-time or part-time basis by the board. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  190. 20016.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “additional contributions” as contributions made by members and their employers beyond their normal contributions under Article 2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20016. “Additional contributions” means contributions made by members and their employers in addition to their normal contributions under Article 2 (commencing with Section 20710) of Chapter 8. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  191. 20017.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “annual interest rate” as the net earnings rate minus 110 basis points when interest is credited.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20017. “Annual interest rate” means the net earnings rate reduced by 110 basis points for purposes of crediting interest. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  192. 20018.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “Annuity” means payments for life derived from a member’s contributions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20018. “Annuity” means payments for life derived from contributions made by a member. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  193. 20019.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “beneficiary” and allows a member or retired member to designate the member’s estate as a beneficiary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20019. “Beneficiary” means any person or corporation designated by a member, a retired member, or by statute to receive a benefit payable under this part, on account of the death of a member or a retired member. A member or retired member may also designate the member’s estate as a beneficiary. (Amended by Stats. 1996, Ch. 906, Sec. 2. Effective January 1, 1997.)
  194. 20020.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “benefit” to include several retirement, death, survivor, insurance, disability, and contribution-refund payments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20020. “Benefit” means the retirement allowance, basic death benefit, limited death benefit, special death benefit, any monthly allowance for survivors of a member or retired person, the insurance benefit, the partial disability retirement program payment, or refund of accumulated contributions. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  195. 20021.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “Board” means the Board of Administration of the Public Employees’ Retirement System.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20021. “Board” means the Board of Administration of the Public Employees’ Retirement System. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  196. 20022.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    This section defines “contracting agency” for the retirement system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20022. “Contracting agency” means any public agency that has elected to have all or any part of its employees become members of this system and that has contracted with the board for that purpose. “Contracting agency” also means any county office of education, school district, or community college district that has elected to have all or part of its employees participate in a risk pool and that has contracted with the board for that purpose. (Amended by Stats. 2002, Ch. 1133, Sec. 1. Effective January 1, 2003.)
  197. 20023.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

    Verify source ↗

    “County peace officer service” includes certain service in a city and county sheriff’s office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20023. “County peace officer service” shall include service rendered in the sheriff’s office of a city and county in positions that were subsequently reclassified as positions within the definition of “county peace officer.” (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  198. 20023.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines “County retirement system.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20023.5. “County retirement system” means a retirement system established under Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3, the County Employees Retirement Law of 1937. (Added by Stats. 1996, Ch. 906, Sec. 4. Effective January 1, 1997.)
  199. 20024.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines “current service” for the retirement system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20024. “Current service” means all state service rendered by a member on and after the date upon which he or she first became a member, service in employment while not a member but after persons employed in the status of the member were eligible for membership, and public service designated as current service under Section 21034. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)
  200. 20025.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. )

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    This section defines when a parent is a “dependent” for certain death benefits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM [20000 - 21716] ( Part 3 repealed and added by Stats. 1995, Ch. 379, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [20000 - 20085] ( Chapter 1 added by Stats. 1995, Ch. 379, Sec. 2. ) ## ARTICLE 2. Definitions [20010 - 20071] ( Article 2 added by Stats. 1995, Ch. 379, Sec. 2. ) ## 20025. “Dependent,” in reference to any benefit provided, upon the death of a member, for a surviving dependent parent, or parent dependent upon the member for support, shall mean receipt of at least one-half of the parent’s support from the member at the time of the member’s death determined according to rules of the board. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)

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