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Appropriate Crediting of Contributions. Consistent Treatment of Compensation   

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(a) In assessing the consistency of an increase that occurs during the period of time specified in subdivision (f), an increase is consistent if the employer demonstrates that it is due to any of the following:

(1) A restructure of compensation that is a permanent change, as indicated by not meeting either of the criteria for inconsistency described in subdivision (d).

(2) A salary deferral due to a reduction in school funds.

(3) A commensurate percentage increase in compensation earnable for the majority of members employed by the same employer.

(4) A change in duties required of the employee that is incorporated in the first contract for the immediate successor to the position.

(5) An increase in responsibility of the employee that is incorporated in the first contract for the immediate successor to the position.

(6) Attainment of an educational or performance benchmark.

(7) An increase that establishes pay parity as demonstrated by any of the following:

(A) Commensurate compensation earnable for that same position in the past.

(B) Commensurate compensation earnable for other employees performing similar duties for the same employer or other employers.

(8) A commensurate compensation earnable for the immediate successor.

(9) A commensurate compensation earnable for the immediate predecessor.

(10) More education or experience than the immediate predecessor.

(11) An increase in compensation that is required to recruit for a position which is directly responding to a specific time-bound financial crisis, not to exceed 150 percent of the base compensation earnable of the predecessor in the position or the most similar position prior to the crisis. For the purposes of this paragraph, a specific time-bound financial crisis is, for school districts, a negative certification of financial obligations pursuant to Section 1240 of the Education Code or, for community college districts, a finding of serious hardship of financial condition as defined in subdivision (c) of Section 59204 of Subchapter 4, Chapter 10, Division 6 of this Title.

(b) Notwithstanding paragraph (2) of subdivision (d), in assessing the consistent treatment of compensation for a position, if the successor's compensation is structured such that the compensation earnable is lower than the member's and the reduction in successor pay is attributable to less education or experience, it shall be presumed to be consistent.

(c) In assessing the consistency of an increase that occurs during the period of time specified in subdivision (f), an increase that is not due to any of the circumstances listed in subdivision (a) is presumed to be inconsistent.

(d) A restructure of compensation pursuant to paragraph (1) of subdivision (a) is inconsistent if either of the following apply:

(1) The restructure is effective on or after January 1, 2016, and is outside of that employer's standard bargaining or employment contract negotiation time frames.

(2) The restructure is implemented for a class of one, and the change is reversed upon hire and negotiation of the first contract of the immediate successor.

(e) Notwithstanding subdivision (a), if there is determined to be a pattern of assignment of duties or responsibilities by an employer to employees during the final compensation period, the additional compensation for those duties is presumed to be inconsistent.

(f)(1) For a member whose initial final compensation after his or her most recent retirement is calculated using a period of three consecutive school years or 12 consecutive months pursuant to Section 22134, 22134.5 or 22135 of the Education Code, the period of time is seven years preceding and including the last day used to calculate final compensation.

(2) For a member whose initial final compensation after his or her most recent retirement is calculated using any three years due to a reduction in school funds pursuant to Section 22136 of the Education Code, the period of time begins four years prior to the first day used to calculate final compensation and ends on the last day used to calculate final compensation.

Authority cited:

Education Code 22119.2

Education Code 22207

Education Code 22215

Education Code 22250

Education Code 22305

Education Code 22458

Reference:

Education Code 22112.5

Education Code 22119.2

Education Code 22458

Education Code 22905

(Added by Register 2014, No. 47.)