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Legal Resources | Title 5 |    27401  

Creditable Compensation. Remuneration That is Paid in Addition to Salary   

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(a) Remuneration in addition to salary, when paid in cash in accordance with a publicly available written contractual agreement where applicable and required by law, includes the following compensation that is not associated with the performance of additional service, provided that it is paid to all persons who are in a class of employees, in the same dollar amount, same percentage of salary or same percentage of amount being distributed:

(1) Compensation for meeting any of the following qualifications or requirements:

(A) Possession or attainment of a certificate, license, special credential or advanced degree.

(B) Career or service longevity.

(C) Hiring, transfer or retirement.

(D) Employment in a position that is hazardous or difficult to staff.

(E) Employment in an assignment in which the number of students enrolled exceeds the contractual amount.

(F) Achievement of a performance benchmark.

(2) Compensation that is paid contingent upon availability of funds.

(b) If compensation is restructured into remuneration in addition to salary, regardless of how it was paid previously, the compensation is remuneration in addition to salary beginning on the effective date of the restructure.

(c) Remuneration in addition to salary does not include the following as described in Sections 27501 and 27502:

(1) Cash paid by an employer to an employee who receives cash in lieu of a fringe benefit, or cash in lieu of an expense paid or reimbursed by the employer.

(2) Cash paid by an employer on behalf of an employee for a fringe benefit, expense or reimbursement.

(3) Cash paid by an employer to an employee that is the remainder from money allocated for fringe benefits or expenses that are paid by the employer.

Authority cited:

Education Code 22119.2

Education Code 22119.5

Education Code 22207

Education Code 22213

Education Code 22214

Education Code 22215

Education Code 22305

Education Code 22458

Reference:

Education Code 22119.2

(Added by Register 2014, No. 47.)