Cal. Code Regs. Tit. 2, § 599.714.1 - Scope - Excluded Employees
(a) Whenever a permanent state officer or
employee is required by any appointing power because of a change in assignment,
promotion or other reason related to his/her duties, to change his/her place of
residence, such officer, agent or employee shall receive reimbursement of
his/her actual and necessary moving and relocation expenses incurred by him/her
both before and after and by reason of such change of residence, subject to the
provisions and limitations of this article.
(b) For the purposes of this article, a move
occurs on the official reporting date to the new headquarters, and when a
change in residence is reasonably to be required. Relocation shall be paid,
when the following conditions are met:
(1)
The officer's or employee's officially designated headquarters is changed for
the advantage of the state, which includes the following:
(A) A promotion offered by any appointing
authority, not including those movements that the employee could make through
transfer, reinstatement or reemployment eligibility; or
(B) An involuntary transfer initiated by and
at the discretion of the appointing authority,
(C) An involuntary transfer required to
affect a mandatory reinstatement following:
(I) termination of a career executive or
exempt appointment, or
(II) leave
of absence, or
(III) rejection from
probation.
(D) Any
involuntary transfer required to affect a mandatory reinstatement following the
expiration or involuntary termination of a temporary appointment, limited-term
appointment or training and development assignment when:
(I) the employee did not relocate to accept
the appointment or assignment, or
(II) the employee did relocate, at state
expense, to accept the appointment or assignment.
(2) The move must be a minimum of 50 miles
plus the number of miles between the old residence and the old
headquarters.
(3) Relocations that
meet the above criteria will be fully reimbursed to the extent and limitations
in this article.
(c) A
change of residence is not deemed reasonably to be required for voluntary
transfers or permissive reinstatements, with or without a salary increase, in
response to general request, which specify that moving and relocation expenses
will not be paid, or for any non-promotional transfer which is primarily for
the benefit of the officer or employee.
(d) When an appointment does not meet the
criteria in subsections (a) and (b) the appointing power may, at his/her
discretion, determine in advance that it is in the best interest of the state
to reimburse all or part of the actual reasonable and necessary relocation
expenses provided in this article as an incentive to recruit employees to
positions that are designated by the appointing power as difficult to fill or
because of outstanding qualifications of the appointee, or due to unusual and
unavoidable hardship to the employee by reason of the change of residence.
(1) Relocations that meet this criteria shall
be reimbursed only for the items in this article specifically authorized by the
appointing power and may be subject to further limitations designated by the
appointing power.
(2) Upon
determination that any reimbursement will be made, the appointing power shall:
(A) Determine which provisions will apply to
the relocation and establish any additional limitations to those provisions
such as dollar limits, weight limits or time limits.
(B) Notify the employee, in writing, of
specific allowable reimbursements prior to the
move.
(e)
Requirements and limitations specified in this article may not be waived or
exceeded by the appointing power.
(f) Unauthorized relocation expenses and
relocation expenses incurred prior to receipt of a written notice of allowable
relocation expenses are the responsibility of the employee.
Notes
2. Change without regulatory effect amending section and NOTE filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).
Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 19841, Government Code.
2. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).
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