Compensation and compensation earnable for members in the
optional categories authorized in Section 20322 (referred to hereafter in this
regulation as "optional members"), must be reported by contracting agency and
school employers pursuant to the same statutory and regulatory requirements
that apply to all other members.
(a)
Specifically, said compensation shall conform to the "group or class"
requirements that apply to payrate and items of special compensation, as shown
below:
(1) Contained in a written labor
agreement;
(2) Part of
normally-required duties;
(3)
Performed during normal hours of employment;
(4) Paid periodically as earned;
(5) Historically consistent with prior
payments for the membership classifications; and
(6) Not final settlement
pay.
(b) For persons who
become optional members before July 1, 1994 by virtue of their position as a
"city attorney" or "assistant city attorney" the following standards shall also
apply:
(1) If compensation or compensation
earnable (whether reported as payrate or special compensation) are set forth in
a contract for legal services, then that contract shall be the equivalent of a
written labor agreement.
(2)
Compensation and compensation earnable shall be limited to payment for work
performed by the optional member in his or her individual capacity as the city
attorney or assistant city attorney, and shall not include payment for work
performed by other persons (e.g., partner, associate, consultant) in the office
of city attorney or a law firm that provides the services of a city
attorney.
Notes
Cal. Code
Regs. Tit. 2, §
573
1. New
section filed 9-22-99; operative 10-22-99 (Register 99, No. 39).
2.
Change without regulatory effect amending NOTE filed 9-22-2011 pursuant to
section 100, title 1, California Code of Regulations (Register 2011, No.
38).
Note: Authority cited: Sections
20120-
20123,
20636 and
20636.1,
Government Code. Reference: Sections
20322,
20630,
20636 and
20636.1,
Government Code.
1. New section
filed 9-22-99; operative 10-22-99 (Register 99, No. 39).
2. Change
without regulatory effect amending Note filed 9-22-2011 pursuant to section
100, title 1, California Code of Regulations (Register 2011, No.
38).
