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Legal Resources | Title 5 |    27602  

Appropriate Crediting of Contributions. Compensation That is Paid a Limited Number of Times.   

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(a) Compensation is creditable to the Defined Benefit Supplement account if compensation was restructured into salary or remuneration in addition to salary as described in subdivision (c) of Section 27400 or subdivision (b) of Section 27401, and is paid a limited number of times, has a specified end date, or is otherwise not permanent.

(b) Contributions for remuneration in addition to salary shall be credited to the member's Defined Benefit Supplement account if both paragraphs (1) and (2) are met:

(1) The compensation is not ongoing, as limited by either of the following:

(A) The number of times is specified in law or in a publicly available written contractual agreement.

(B) The compensation is not scheduled to continue.

(2) The compensation is paid to an individual contingent upon either of the following:

(A) Availability of funds.

(B) Meeting any of the following qualifications or requirements:

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

(ii) Career or service longevity.

(iii) Hiring, transfer or retirement.

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

(v) Employment in an assignment in which the class size exceeds the contractual amount.

(vi) Achievement of a performance benchmark.

Authority cited:

Education Code 22119.2

Education Code 22305

Education Code 22458

Reference:

Education Code 22119.2

Education Code 22905

(Added by Register 2014, No. 47.)