SECTIONS 19824-19838 - California Statutes

GOVERNMENT CODE

SECTION 19824-19838

19824. (a) Unless otherwise provided by law, the salaries of state
officers shall be paid monthly out of the General Fund.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19825. (a) Notwithstanding any other provision of law, whenever
any state agency is authorized by special or general statute to fix
the salary or compensation of an employee or officer, which salary is
payable in whole or in part out of state funds, the salary is
subject only to the approval of the department before it becomes
effective and payable, except as provided in subdivision (b). The
Legislature may expressly provide that approval of the department is
not required.
(b) Whenever any state court or other judicial agency is
authorized by statute to fix the salary of an employee or officer who
is exempt from civil service under subdivision (b) of Section 4 of
Article VII of the Constitution, the salary is subject to the
approval of the Chairman of the Judicial Council before it becomes
effective and payable.

19825.5. (a) Notwithstanding Sections 11550, 11552, and 11554, the
department shall set and adjust, as needed, the annual compensation
of the officers and employees listed in Sections 11550, 11552, and
11554.
(b) When setting or adjusting the annual compensation of the
employees described in subdivision (a), the department shall consider
the size and scope of the organization, compensation paid to other
similar positions in other public jurisdictions, the scope of
responsibility of the position, the need to avoid salary compaction,
and other factors appropriate to the determination of compensation
necessary to recruit and retain qualified employees in leadership
positions for the state. The compensation shall not exceed 125
percent of the compensation recommended to be paid to the Governor of
the State of California by the California Citizens Compensation
Commission.
(c) The department shall notify the Legislature of the
compensation level implemented for any of the employees described in
subdivision (a) within 30 days of the effective date of the proposed
compensation adjustment.

19826. (a) The department shall establish and adjust salary ranges
for each class of position in the state civil service subject to any
merit limits contained in Article VII of the California Constitution.
The salary range shall be based on the principle that like salaries
shall be paid for comparable duties and responsibilities. In
establishing or changing these ranges, consideration shall be given
to the prevailing rates for comparable service in other public
employment and in private business. The department shall make no
adjustments that require expenditures in excess of existing
appropriations that may be used for salary increase purposes. The
department may make a change in salary range retroactive to the date
of application of this change.
(b) Notwithstanding any other provision of law, the department
shall not establish, adjust, or recommend a salary range for any
employees in an appropriate unit where an employee organization has
been chosen as the exclusive representative pursuant to Section
3520.5.
(c) At least six months before the end of the term of an existing
memorandum of understanding or immediately upon the reopening of
negotiations under an existing memorandum of understanding, the
department shall submit to the parties meeting and conferring
pursuant to Section 3517 and to the Legislature, a report containing
the department's findings relating to the salaries of employees in
comparable occupations in private industry and other governmental
agencies.
(d) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19826.5. Whenever the department finds that pay data was furnished
to the department on the basis that the source remain confidential,
the source shall not be open to the public or admissible as evidence
in any action or special proceeding.

19827. (a) (1) Notwithstanding any other provision of law to the
contrary, in order to recruit and retain the highest qualified
employees, the state shall pay sworn members of the California
Highway Patrol who are rank-and-file members of State Bargaining Unit
5 the estimated average total compensation for each corresponding
rank for the Los Angeles Police Department, Los Angeles County
Sheriff's Office, San Diego Police Department, Oakland Police
Department, and San Francisco Police Department. Total compensation
shall include base salary, educational incentive pay, physical
performance pay, longevity pay, and retirement contributions made by
the employer on behalf of the employee.
(2) The state and the exclusive representative shall jointly
survey annually and calculate the estimated average total
compensation based on projected average total compensation for the
above-named departments as of July 1 of the year in which the survey
is conducted. The state and the exclusive representative shall
utilize the survey methodology outlined in the "Description of Survey
Process Pursuant to Government Code 19827 Regarding the Recruitment
and Retention of California Highway Patrol Officers" dated July 1,
2001, and maintained as a permanent agreement between the state and
the exclusive representative.
(3) Any increase in total compensation resulting from this section
shall be implemented through a memorandum of understanding
negotiated pursuant to the Ralph C. Dills Act (Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1).
Notwithstanding the foregoing, failure of the parties to reach
agreement for a memorandum of understanding pursuant to the Ralph C.
Dills Act shall not relieve the state of the duty to compensate sworn
represented members of the California Highway Patrol in accordance
with the formula set forth in this section.
(4) The total compensation for represented sworn members of the
California Highway Patrol may deviate from the survey results by
mutual agreement between the exclusive representative and the state
pursuant to the collective bargaining process.
(5) If the provisions of this subdivision are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(b) When determining compensation for state excluded sworn
classifications of the California Highway Patrol, it is the policy of
the state to consider total compensation for corresponding ranks
within jurisdictions specified in subdivision (a), as well as other
factors, including internal comparisons.

19827.1. (a) The state recognizes the historic problem of
recruitment and retention of peace officers in the Department of
Corrections and the Department of Youth Authority. As evidence of
this recognition there has been a trend in recent years to improve
salaries and benefits for these correctional peace officers. However,
due to the continuing need to recruit new officers to fill
vacancies, retain seasoned correctional peace officers to reduce
turnover rates, and provide comparability in pay to effectively
compete with large peace officer employers and ensure necessary
staffing levels, salaries must be improved and maintained by the
state for peace officers in the Department of Corrections and the
Department of the Youth Authority.
(b) To effect the intent of paragraph (a) the department shall
take into consideration the salary and benefits of other large
employers of peace officers in California.

19827.2. (a) The Legislature, having recognized December 1980
statistics from the U.S. Department of Labor, finds: that 60 percent
of all women 18 to 64 are in the workforce, that two-thirds of all
those women are either the head of household or had husbands whose
earnings were less than ten thousand dollars ($10,000), and that most
women are in the workforce because of economic need; that the
average working woman has earned less than the average working man,
not only because of the lack of educational and employment
opportunities in the past, but because of segregation into
historically undervalued occupations where wages have been depressed;
and that a failure to reassess the basis on which salaries in state
service are established will perpetuate these pay inequities, which
have a particularly discriminatory impact on minority and older
women; and, therefore, it is the intent of the Legislature in
enacting this statute to establish a state policy of setting salaries
for female-dominated jobs on the basis of comparability of the value
of the work.
(b) The department shall review and analyze existing information,
including those studies from other jurisdictions relevant to the
setting of salaries for female-dominated jobs. This information shall
be provided on an annual basis to the appropriate policy committee
of the Legislature and to the parties meeting and conferring pursuant
to Section 3517.
(c) For the purpose of implementing this section, the following
definitions apply:
(1) "Salary" means, except as otherwise provided in Section
18539.5, the amount of money or credit received as compensation for
service rendered, exclusive of mileage, traveling allowances, and
other sums received for actual and necessary expenses incurred in the
performance of the state's business, but including the reasonable
value of board, rent, housing, lodging, or similar advantages
received from the state.
(2) "Comparability of the value of the work" means the value of
the work performed by an employee, or group of employees within a
class or salary range, in relation to the value of the work of
another employee, or group of employees, to any class or salary range
within state service.
(3) "Skill" means the skill required in the performance of the
work, including any type of intellectual or physical skill acquired
by the employee through experience, training, education, or natural
ability.
(4) "Effort" means the effort required in the performance of the
work, including any intellectual or physical effort.
(5) "Responsibility" means the responsibility required in the
performance of the work, including the extent to which the employer
relies on the employee to perform the work, the importance of the
duties, and the accountability of the employee for the work of others
and for resources.
(6) "Working conditions" means the conditions under which the work
of an employee is performed, including physical or psychological
factors.
(d) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19827.3. In order for the state to recruit skilled firefighters for
the California Department of Forestry and Fire Protection, it is the
policy of the state to consider prevailing salaries and benefits
prior to making salary recommendations. In order to provide
comparability in pay, the Department of Personnel Administration
shall take into consideration the salary and benefits of other
jurisdictions employing 75 or more full-time firefighters who work in
California.

19827.5. (a) There is allocated from the salary or wage paid to a
member of the clergy, in an amount up to 50 percent of the gross
salary, either of the following:
(1) The rental value of a home furnished to him or her.
(2) The rental allowance paid to him or her to rent or provide a
home.
(b) As used in this section, a "member of the clergy" means a
priest, minister, religious practitioner, or similar functionary of a
religious denomination or religious organization.

19828. (a) Reasonable opportunity to be heard shall be provided by
the department to any employee affected by a change in the salary
range for the class of his or her position.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19829. (a) Salary ranges shall consist of minimum and maximum
salary limits. The department shall provide for intermediate steps
within these limits to govern the extent of the salary adjustment
that an employee may receive at any one time; provided, that in
classes and positions with unusual conditions or hours of work or
where necessary to meet the provisions of state law recognizing
differential statutory qualifications within a profession or
prevailing rates and practices for comparable services in other
public employment and in private business, the department may
establish more than one salary range or rate or method of
compensation within a class.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19829.5. (a) The Department of Personnel Administration shall
provide a memorandum of understanding pursuant to Section 3517.5 to
the Legislative Analyst who shall have 10 calendar days from the date
the tentative agreement is received to issue a fiscal analysis to
the Legislature. The Legislative Analyst may prioritize the
preparation of a fiscal analysis or report under this subdivision
among other workload, including the submission of multiple memoranda
of understanding. The memorandum of understanding shall not be
subject to legislative determination until either the Legislative
Analyst has presented a fiscal analysis of the memorandum of
understanding or until 10 calendar days has elapsed since the
memorandum was received by the Legislative Analyst.
(b) Each memorandum of understanding submitted by the department
to the Legislative Analyst shall include the department's analysis of
costs and savings.

19829.6. The Department of Personnel Administration shall post, in
a clear and conspicuous manner on the department's Web site, each
memorandum of understanding that has been submitted to the
Legislature for determination pursuant to Section 3517.5 and that has
been ratified by the affected union membership. The memorandum of
understanding of the agreement reached between the Governor and the
recognized employee organization shall be posted on the department's
Web site in its entirety, with a declaration that the memorandum has
been submitted to the office of the Legislative Analyst and the
Legislature, including the date of that submission. The department
shall include on its Web site posting a summary of the memorandum of
understanding that is the same summary provided to the Legislature by
the department.

19829.7. (a) Notwithstanding Section 13340, for the 2010-11 fiscal
year, if the 2010-11 Budget Act is not enacted by July 1, 2010, for
the memoranda of understanding entered into between the state
employer and State Bargaining Unit 5 (effective July 3, 2010, to July
3, 2013, inclusive), State Bargaining Unit 8 (effective July 1,
2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive), there is hereby continuously
appropriated to the Controller from the General Fund, unallocated
special funds, including, but not limited to, federal funds and
unallocated nongovernmental cost funds, and any other fund from which
state employees are compensated, the amount necessary for the
payment of compensation and employee benefits to state employees
covered by the above memoranda of understanding until the 2010-11
Budget Act is enacted. The Controller may expend an amount no greater
than necessary to enable the Controller to compensate state
employees covered by the above memoranda of understanding for work
performed between July 1, 2010, of the 2010-11 fiscal year and the
enactment of the 2010-11 Budget Act.
(b) If the memoranda of understanding entered into between the
state employer and State Bargaining Unit 5 (effective July 3, 2010,
to July 3, 2013, inclusive), State Bargaining Unit 8 (effective July
1, 2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive) are in effect and approved by the
Legislature, the compensation and contribution for employee benefits
for state employees represented by these bargaining units shall be at
a rate consistent with the applicable memorandum of understanding
referenced above.
(c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority of
a department. Upon enactment of the 2010-11 Budget Act, these
expenditures shall be subsumed by the expenditure authority approved
in the 2010-11 Budget Act for each affected department.
(d) This section shall only apply to an employee covered by the
terms of the State Bargaining Unit 5 (effective July 3, 2010, to July
3, 2013, inclusive), State Bargaining Unit 8, (effective July 1,
2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive) memoranda of understanding.
Notwithstanding Section 3517.8, this section shall not apply after
the term of the memorandum of understanding expires. For purposes of
this section, the memorandum of understanding for State Bargaining
Unit 5 expires on July 3, 2013, the memorandum of understanding for
State Bargaining Unit 8 expires on July 1, 2013, the memorandum of
understanding for State Bargaining Unit 12 expires on July 1, 2012,
the memorandum of understanding for State Bargaining Unit 16 expires
on July 1, 2012, the memorandum of understanding for State Bargaining
Unit 18 expires on July 1, 2012, and the memorandum of understanding
for State Bargaining Unit 19 expires on July 1, 2012.

19829.7. (a) Notwithstanding Section 13340, for the 2010-11 fiscal
year, if the 2010-11 Budget Act is not enacted by July 1, 2010, for
the memoranda of understanding entered into between the state
employer and State Bargaining Unit 5 (effective July 3, 2010, to July
3, 2013, inclusive), State Bargaining Unit 8 (effective July 1,
2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive), there is hereby continuously
appropriated to the Controller from the General Fund, unallocated
special funds, including, but not limited to, federal funds and
unallocated nongovernmental cost funds, and any other fund from which
state employees are compensated, the amount necessary for the
payment of compensation and employee benefits to state employees
covered by the above memoranda of understanding until the 2010-11
Budget Act is enacted. The Controller may expend an amount no greater
than necessary to enable the Controller to compensate state
employees covered by the above memoranda of understanding for work
performed between July 1, 2010, of the 2010-11 fiscal year and the
enactment of the 2010-11 Budget Act.
(b) If the memoranda of understanding entered into between the
state employer and State Bargaining Unit 5 (effective July 3, 2010,
to July 3, 2013, inclusive), State Bargaining Unit 8 (effective July
1, 2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive) are in effect and approved by the
Legislature, the compensation and contribution for employee benefits
for state employees represented by these bargaining units shall be at
a rate consistent with the applicable memorandum of understanding
referenced above.
(c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority of
a department. Upon enactment of the 2010-11 Budget Act, these
expenditures shall be subsumed by the expenditure authority approved
in the 2010-11 Budget Act for each affected department.
(d) This section shall only apply to an employee covered by the
terms of the State Bargaining Unit 5 (effective July 3, 2010, to July
3, 2013, inclusive), State Bargaining Unit 8, (effective July 1,
2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive) memoranda of understanding.
Notwithstanding Section 3517.8, this section shall not apply after
the term of the memorandum of understanding expires. For purposes of
this section, the memorandum of understanding for State Bargaining
Unit 5 expires on July 3, 2013, the memorandum of understanding for
State Bargaining Unit 8 expires on July 1, 2013, the memorandum of
understanding for State Bargaining Unit 12 expires on July 1, 2012,
the memorandum of understanding for State Bargaining Unit 16 expires
on July 1, 2012, the memorandum of understanding for State Bargaining
Unit 18 expires on July 1, 2012, and the memorandum of understanding
for State Bargaining Unit 19 expires on July 1, 2012.

19829.8. (a) Notwithstanding Section 13340, for the 2011-12 fiscal
year, if the 2011-12 Budget Act is not enacted by July 1, 2011, for
the memoranda of understanding entered into between the state
employer and State Bargaining Unit 5 (effective July 3, 2010, to July
3, 2013, inclusive), State Bargaining Unit 8 (effective July 1,
2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive), there is hereby continuously
appropriated to the Controller from the General Fund, unallocated
special funds, including, but not limited to, federal funds and
unallocated nongovernmental cost funds, and any other fund from which
state employees are compensated, the amount necessary for the
payment of compensation and employee benefits to state employees
covered by the above memoranda of understanding until the 2011-12
Budget Act is enacted. The Controller may expend an amount no greater
than necessary to enable the Controller to compensate state
employees covered by the above memoranda of understanding for work
performed between July 1, 2011, of the 2011-12 fiscal year and the
enactment of the 2011-12 Budget Act.
(b) If the memoranda of understanding entered into between the
state employer and State Bargaining Unit 5 (effective July 3, 2010,
to July 3, 2013, inclusive), State Bargaining Unit 8 (effective July
1, 2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive), are in effect and approved by the
Legislature, the compensation and contribution for employee benefits
for state employees represented by these bargaining units shall be
at a rate consistent with the applicable memorandum of understanding
referenced above.
(c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority of
a department. Upon the enactment of the 2011-12 Budget Act, these
expenditures shall be subsumed by the expenditure authority approved
in the 2010-11 Budget Act for each affected department.
(d) This section shall only apply to an employee covered by the
terms of the State Bargaining Unit 5 (effective July 3, 2010, to July
3, 2013, inclusive), State Bargaining Unit 8 (effective July 1,
2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive) memoranda of understanding.
Notwithstanding Section 3517.8, this section shall not apply after
the term of the memorandum of understanding has expired. For purposes
of this section, the memorandum of understanding for State
Bargaining Unit 5 expires on July 3, 2013, the memorandum of
understanding for State Bargaining Unit 8 expires on July 1, 2013,
the memorandum of understanding for State Bargaining Unit 12 expires
on July 1, 2012, the memorandum of understanding for State Bargaining
Unit 16 expires on July 1, 2012, the memorandum of understanding for
State Bargaining Unit 18 expires on July 1, 2012, and the memorandum
of understanding for State Bargaining Unit 19 expires on July 1,
2012.

19829.8. (a) Notwithstanding Section 13340, for the 2011-12 fiscal
year, if the 2011-12 Budget Act is not enacted by July 1, 2011, for
the memoranda of understanding entered into between the state
employer and State Bargaining Unit 5 (effective July 3, 2010, to July
3, 2013, inclusive), State Bargaining Unit 8 (effective July 1,
2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive), there is hereby continuously
appropriated to the Controller from the General Fund, unallocated
special funds, including, but not limited to, federal funds and
unallocated nongovernmental cost funds, and any other fund from which
state employees are compensated, the amount necessary for the
payment of compensation and employee benefits to state employees
covered by the above memoranda of understanding until the 2011-12
Budget Act is enacted. The Controller may expend an amount no greater
than necessary to enable the Controller to compensate state
employees covered by the above memoranda of understanding for work
performed between July 1, 2011, of the 2011-12 fiscal year and the
enactment of the 2011-12 Budget Act.
(b) If the memoranda of understanding entered into between the
state employer and State Bargaining Unit 5 (effective July 3, 2010,
to July 3, 2013, inclusive), State Bargaining Unit 8 (effective July
1, 2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive) are in effect and approved by the
Legislature, the compensation and contribution for employee benefits
for state employees represented by these bargaining units shall be at
a rate consistent with the applicable memorandum of understanding
referenced above.
(c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority of
a department. Upon the enactment of the 2011-12 Budget Act, these
expenditures shall be subsumed by the expenditure authority approved
in the 2010-11 Budget Act for each affected department.
(d) This section shall only apply to an employee covered by the
terms of the State Bargaining Unit 5 (effective July 3, 2010, to July
3, 2013, inclusive), State Bargaining Unit 8 (effective July 1,
2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive) memoranda of understanding.
Notwithstanding Section 3517.8, this section shall not apply after
the term of the memorandum of understanding has expired. For purposes
of this section, the memorandum of understanding for State
Bargaining Unit 5 expires on July 3, 2013, the memorandum of
understanding for State Bargaining Unit 8 expires on July 1, 2013,
the memorandum of understanding for State Bargaining Unit 12 expires
on July 1, 2012, the memorandum of understanding for State Bargaining
Unit 16 expires on July 1, 2012, the memorandum of understanding for
State Bargaining Unit 18 expires on July 1, 2012, and the memorandum
of understanding for State Bargaining Unit 19 expires on July 1,
2012.

19829.9. (a) Notwithstanding Section 13340, for the 2012-13 fiscal
year, if the 2012-13 Budget Act is not enacted by July 1, 2012, for
the memoranda of understanding entered into between the state
employer and State Bargaining Unit 5 (effective July 3, 2010, to July
3, 2013, inclusive) and State Bargaining Unit 8 (effective July 1,
2010, to July 1, 2013, inclusive), there is hereby continuously
appropriated to the Controller from the General Fund, unallocated
special funds, including, but not limited to, federal funds and
unallocated nongovernmental cost funds, and any other fund from which
state employees are compensated, the amount necessary for the
payment of compensation and employee benefits to state employees
covered by the above memoranda of understanding until the 2012-13
Budget Act is enacted. The Controller may expend an amount no greater
than necessary to enable the Controller to compensate state
employees covered by the above memoranda of understanding for work
performed between July 1, 2012, of the 2012-13 fiscal year and the
enactment of the 2012-13 Budget Act.
(b) Notwithstanding Section 13340, solely for the effective period
of the following memoranda of understanding, and not including a
date beyond the expiration date of the following memoranda of
understanding, for the 2012-13 fiscal year, where the 2012-13 Budget
Act is not enacted by July 1, 2012, for the memoranda of
understanding entered into between the state employer and State
Bargaining Unit 12 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 16 (effective July 1, 2010, to July
1, 2012, inclusive), State Bargaining Unit 18 (effective July 1,
2010, to July 1, 2012, inclusive), and State Bargaining Unit 19
(effective July 1, 2010, to July 1, 2012, inclusive), there is hereby
continuously appropriated to the Controller from the General Fund,
unallocated special funds, including, but not limited to, federal
funds and unallocated nongovernmental cost funds, and any other fund
from which state employees are compensated, the amount necessary for
the payment of compensation and employee benefits to state employees
covered by the above memoranda of understanding until the 2012-13
Budget Act is enacted.
(c) If the memoranda of understanding entered into between the
state employer and State Bargaining Unit 5 (effective July 3, 2010,
to July 3, 2013, inclusive), State Bargaining Unit 8 (effective July
1, 2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive) are in effect and approved by the
Legislature, the compensation and contribution for employee benefits
for state employees represented by these bargaining units shall be at
a rate consistent with the applicable memorandum of understanding
referenced above.
(d) Expenditures related to any warrant drawn pursuant to
subdivisions (a) and (b) are not augmentations to the expenditure
authority of a department. Upon enactment of the 2012-13 Budget Act,
these expenditures shall be automatically subsumed by the expenditure
authority approved in the 2012-13 Budget Act for each affected
department.
(e) This section shall only apply to an employee covered by the
terms of the State Bargaining Unit 5 (effective July 3, 2010, to July
3, 2013, inclusive), State Bargaining Unit 8 (effective July 1,
2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive) memoranda of understanding.
Notwithstanding Section 3517.8, this section shall not apply after
the term of the memorandum of understanding expires. For purposes of
this section, the memorandum of understanding for State Bargaining
Unit 5 expires on July 3, 2013, the memorandum of understanding for
State Bargaining Unit 8 expires on July 1, 2013, the memorandum of
understanding for State Bargaining Unit 12 expires on July 1, 2012,
the memorandum of understanding for State Bargaining Unit 16 expires
on July 1, 2012, the memorandum of understanding for State Bargaining
Unit 18 expires on July 1, 2012, and the memorandum of understanding
for State Bargaining Unit 19 expires on July 1, 2012.

19829.9. (a) Notwithstanding Section 13340, for the 2012-13 fiscal
year, if the 2012-13 Budget Act is not enacted by July 1, 2012, for
the memoranda of understanding entered into between the state
employer and State Bargaining Unit 5 (effective July 3, 2010, to July
3, 2013, inclusive) and State Bargaining Unit 8 (effective July 1,
2010, to July 1, 2013, inclusive), there is hereby continuously
appropriated to the Controller from the General Fund, unallocated
special funds, including, but not limited to, federal funds and
unallocated nongovernmental cost funds, and any other fund from which
state employees are compensated, the amount necessary for the
payment of compensation and employee benefits to state employees
covered by the above memoranda of understanding until the 2012-13
Budget Act is enacted. The Controller may expend an amount no greater
than necessary to enable the Controller to compensate state
employees covered by the above memoranda of understanding for work
performed between July 1, 2012, of the 2012-13 fiscal year and the
enactment of the 2012-13 Budget Act.
(b) Notwithstanding Section 13340, solely for the effective period
of the following memoranda of understanding, and not including a
date beyond the expiration date of the following memoranda of
understanding, for the 2012-13 fiscal year, where the 2012-13 Budget
Act is not enacted by July 1, 2012, for the memoranda of
understanding entered into between the state employer and State
Bargaining Unit 12 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 16 (effective July 1, 2010, to July
1, 2012, inclusive), State Bargaining Unit 18 (effective July 1,
2010, to July 1, 2012, inclusive), and State Bargaining Unit 19
(effective July 1, 2010, to July 1, 2012, inclusive), there is hereby
continuously appropriated to the Controller from the General Fund,
unallocated special funds, including, but not limited to, federal
funds and unallocated nongovernmental cost funds, and any other fund
from which state employees are compensated, the amount necessary for
the payment of compensation and employee benefits to state employees
covered by the above memoranda of understanding until the 2012-13
Budget Act is enacted.
(c) If the memoranda of understanding entered into between the
state employer and State Bargaining Unit 5 (effective July 3, 2010,
to July 3, 2013, inclusive), State Bargaining Unit 8 (effective July
1, 2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive) are in effect and approved by the
Legislature, the compensation and contribution for employee benefits
for state employees represented by these bargaining units shall be at
a rate consistent with the applicable memorandum of understanding
referenced above.
(d) Expenditures related to any warrant drawn pursuant to
subdivisions (a) and (b) are not augmentations to the expenditure
authority of a department. Upon enactment of the 2012-13 Budget Act,
these expenditures shall be automatically subsumed by the expenditure
authority approved in the 2012-13 Budget Act for each affected
department.
(e) This section shall only apply to an employee covered by the
terms of the State Bargaining Unit 5 (effective July 3, 2010, to July
3, 2013, inclusive), State Bargaining Unit 8 (effective July 1,
2010, to July 1, 2013, inclusive), State Bargaining Unit 12
(effective July 1, 2010, to July 1, 2012, inclusive), State
Bargaining Unit 16 (effective July 1, 2010, to July 1, 2012,
inclusive), State Bargaining Unit 18 (effective July 1, 2010, to July
1, 2012, inclusive), and State Bargaining Unit 19 (effective July 1,
2010, to July 1, 2012, inclusive) memoranda of understanding.
Notwithstanding Section 3517.8, this section shall not apply after
the term of the memorandum of understanding expires. For purposes of
this section, the memorandum of understanding for State Bargaining
Unit 5 expires on July 3, 2013, the memorandum of understanding for
State Bargaining Unit 8 expires on July 1, 2013, the memorandum of
understanding for State Bargaining Unit 12 expires on July 1, 2012,
the memorandum of understanding for State Bargaining Unit 16 expires
on July 1, 2012, the memorandum of understanding for State Bargaining
Unit 18 expires on July 1, 2012, and the memorandum of understanding
for State Bargaining Unit 19 expires on July 1, 2012.

19829.95. (a) Notwithstanding Section 13340, solely for the
effective period of the following memoranda of understanding, and not
including a date beyond the expiration date of the following
memoranda of understanding, for the 2013-14 fiscal year, where the
2013-14 Budget Act is not enacted by July 1, 2013, for the memoranda
of understanding entered into between the state employer and State
Bargaining Unit 5 (effective July 3, 2010, to July 3, 2013,
inclusive) and State Bargaining Unit 8 (effective July 1, 2010, to
July 1, 2013, inclusive), there is hereby continuously appropriated
to the Controller from the General Fund, unallocated special funds,
including, but not limited to, federal funds and unallocated
nongovernmental cost funds, and any other fund from which state
employees are compensated, the amount necessary for the payment of
compensation and employee benefits to state employees covered by the
above memoranda of understanding until the 2013-14 Budget Act is
enacted.
(b) If the memoranda of understanding entered into between the
state employer and State Bargaining Unit 5 (effective July 3, 2010,
to July 3, 2013, inclusive) and State Bargaining Unit 8 (effective
July 1, 2010, to July 1, 2013, inclusive) are in effect and approved
by the Legislature, the compensation and contribution for employee
benefits for state employees represented by these bargaining units
shall be at a rate consistent with the applicable memorandum of
understanding referenced above.
(c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority of
a department. Upon the enactment of the 2013-14 Budget Act, these
expenditures shall be subsumed by the expenditure authority approved
in the 2013-14 Budget Act for each affected department.
(d) This section shall only apply to an employee covered by the
terms of the State Bargaining Unit 5 (effective July 3, 2010, to July
3, 2013, inclusive) and State Bargaining Unit 8 (effective July 1,
2010, to July 1, 2013, inclusive) memoranda of understanding.
Notwithstanding Section 3517.8, this section shall not apply after
the term of the memorandum of understanding expires. For purposes of
this section, the memorandum of understanding for State Bargaining
Unit 5 expires on July 3, 2013, and the memorandum of understanding
for State Bargaining Unit 8 expires on July 1, 2013.

19829.95. (a) Notwithstanding Section 13340, solely for the
effective period of the following memoranda of understanding, and not
including a date beyond the expiration date of the following
memoranda of understanding, for the 2013-14 fiscal year, where the
2013-14 Budget Act is not enacted by July 1, 2013, for the memoranda
of understanding entered into between the state employer and State
Bargaining Unit 5 (effective July 3, 2010, to July 3, 2013,
inclusive) and State Bargaining Unit 8 (effective July 1, 2010, to
July 1, 2013, inclusive), there is hereby continuously appropriated
to the Controller from the General Fund, unallocated special funds,
including, but not limited to, federal funds and unallocated
nongovernmental cost funds, and any other fund from which state
employees are compensated, the amount necessary for the payment of
compensation and employee benefits to state employees covered by the
above memoranda of understanding until the 2013-14 Budget Act is
enacted.
(b) If the memoranda of understanding entered into between the
state employer and State Bargaining Unit 5 (effective July 3, 2010,
to July 3, 2013, inclusive) and State Bargaining Unit 8 (effective
July 1, 2010, to July 1, 2013, inclusive) are in effect and approved
by the Legislature, the compensation and contribution for employee
benefits for state employees represented by these bargaining units
shall be at a rate consistent with the applicable memorandum of
understanding referenced above.
(c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority of
a department. Upon the enactment of the 2013-14 Budget Act, these
expenditures shall be subsumed by the expenditure authority approved
in the 2013-14 Budget Act for each affected department.
(d) This section shall only apply to an employee covered by the
terms of the State Bargaining Unit 5 (effective July 3, 2010, to July
3, 2013, inclusive) and State Bargaining Unit 8 (effective July 1,
2010, to July 1, 2013, inclusive) memoranda of understanding.
Notwithstanding Section 3517.8, this section shall not apply after
the term of the memorandum of understanding expires. For purposes of
this section, the memorandum of understanding for State Bargaining
Unit 5 expires on July 3, 2013, and the memorandum of understanding
for State Bargaining Unit 8 expires on July 1, 2013.

19829.97. (a) Notwithstanding Section 13340, for the 2012-13 fiscal
year, if the 2012-13 Budget Act is not enacted by July 1, 2012, for
the memoranda of understanding entered into between the state
employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21
(each effective July 1, 2010, to July 1, 2013, inclusive), there is
hereby continuously appropriated to the Controller from the General
Fund, unallocated special funds, including, but not limited to,
federal funds and unallocated nongovernmental cost funds, and any
other fund from which state employees are compensated, the amount
necessary for the payment of compensation and employee benefits to
state employees covered by the above memoranda of understanding until
the 2012-13 Budget Act is enacted. The Controller may expend an
amount no greater than necessary to enable the Controller to
compensate state employees covered by the above memoranda of
understanding for work performed between July 1, 2012, of the 2012-13
fiscal year and the enactment of the 2012-13 Budget Act.
(b) If the memoranda of understanding entered into between the
state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20,
or 21 (each effective July 1, 2010, to July 1, 2013, inclusive), are
in effect and approved by the Legislature, the compensation and
contribution for employee benefits for state employees represented by
these bargaining units shall be at a rate consistent with the
applicable memorandum of understanding referenced above.
(c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority of
a department. Upon the enactment of the 2012-13 Budget Act, these
expenditures shall be subsumed by the expenditure authority approved
in the 2012-13 Budget Act for each affected department.
(d) This section shall only apply to an employee covered by the
terms of the State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21
memoranda of understanding (each effective July 1, 2010, to July 1,
2013, inclusive). Notwithstanding Section 3517.8, this section shall
not apply after the term of the memorandum of understanding has
expired. For purposes of this section, the memorandum of
understanding for each unit expires on July 1, 2013.

19829.98. (a) Notwithstanding Section 13340, for the 2013-14 fiscal
year, if the 2013-14 Budget Act is not enacted by July 1, 2013, for
the memoranda of understanding entered into between the state
employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21
(each effective July 1, 2010, to July 1, 2013, inclusive), there is
hereby continuously appropriated to the Controller from the General
Fund, unallocated special funds, including, but not limited to,
federal funds and unallocated nongovernmental cost funds, and any
other fund from which state employees are compensated, the amount
necessary for the payment of compensation and employee benefits to
state employees covered by the above memoranda of understanding until
the 2013-14 Budget Act is enacted. The Controller may expend an
amount no greater than necessary to enable the Controller to
compensate state employees covered by the above memoranda of
understanding for work performed between July 1, 2013, of the 2013-14
fiscal year and the enactment of the 2013-14 Budget Act.
(b) If the memoranda of understanding entered into between the
state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20,
or 21 (each effective July 1, 2010, to July 1, 2013, inclusive), are
in effect and approved by the Legislature, the compensation and
contribution for employee benefits for state employees represented by
these bargaining units shall be at a rate consistent with the
applicable memorandum of understanding referenced above.
(c) Expenditures related to any warrant drawn pursuant to
subdivision (a) are not augmentations to the expenditure authority of
a department. Upon the enactment of the 2013-14 Budget Act, these
expenditures shall be subsumed by the expenditure authority approved
in the 2013-14 Budget Act for each affected department.
(d) This section shall only apply to an employee covered by the
terms of the State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21
memoranda of understanding (each effective July 1, 2010, to July 1,
2013, inclusive). Notwithstanding Section 3517.8, this section shall
not apply after the term of the memorandum of understanding has
expired. For purposes of this section, the memorandum of
understanding for each unit expires on July 1, 2013.

19830. (a) The minimum and maximum salary limits for laborers,
workers, and mechanics employed on an hourly or per diem basis need
not be uniform throughout the state, but the appointing power shall
ascertain and report to the department, as to each position, the
general prevailing rate of the wages in the various localities of the
state.
In fixing the minimum and maximum salary limits within the various
localities of the state, the department shall take into account the
prevailing rates of wages in the localities in which the employee is
to work and other relevant factors, and shall not fix the minimum
salary limits below the general prevailing rate so ascertained and
reported for the various localities.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19831. (a) The department may authorize payments into a private
fund to provide health and welfare benefits to nonpermanent employees
in classes compensated in accordance with the provisions of Section
19830 where the department finds as to any position that:
(1) The payments by employers are the prevailing practice in
comparable employment in the locality of the work and the payments
are for the purpose of providing to employees specified benefits such
as, but not limited to, hospital, medical, surgical, and life
insurance, sick leave, vacation allowance, pensions, supplementary
unemployment and disability compensation, and other similar or
related health and welfare benefits, or any combination thereof.
(2) Participation in the benefits provided by the funds is not
limited to state employees.
(3) The provisions of the plans which provide the benefits meet
the standards established by the department.
(b) Payments made by the state to any fund on behalf of any
employee shall be in lieu of benefits such as vacation allowance,
sick leave, and retirement which are now or may hereafter be granted
directly by the state in accordance with law.
(c) The department is empowered to determine the equitable
application of this section to insure that the employees receive
benefits comparable to, but not in excess of, those provided in
comparable private employment.
(d) The payments authorized by this section shall be a proper
charge against any funds available for the support of the employing
agency.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19832. (a) After completion of the first year in a position, each
employee shall receive a merit salary adjustment equivalent to one of
the intermediate steps during each year when he or she meets the
standards of efficiency as the department by rule shall prescribe.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19833. (a) When the compensation of an employee is established at a
fixed amount per unit of work with a maximum limit for his or her
total annual or monthly compensation as an alternative method of
compensation for the salary fixed for the class, the department shall
provide for annual increases in the maximum limit equal in amount
and payable under the same conditions as for other employees.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19834. (a) Automatic salary adjustments shall be made for employees
in the state civil service in accordance with this chapter and
department rule adopted pursuant hereto, notwithstanding the power
now or hereafter conferred on any officer to fix or approve the
fixing of salaries, unless there is not sufficient money available
for the purpose in the appropriation from which the salary shall be
paid and the director shall so certify.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19835. (a) The right of an employee to automatic salary adjustments
is cumulative for a period not to exceed two years and he or she
shall not, in the event of an insufficiency of appropriation, lose
his or her right to these adjustments for the intermediate steps to
which he or she may be entitled for this period.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19835.5. In submitting budgetary requirements to the Director of
Finance, each appointing power shall carefully estimate and call
attention to the need for money sufficient to provide for appropriate
salary adjustments for the employees under his or her jurisdiction.

19836. (a) The department may authorize payment at any step above
the minimum salary limit to classes or positions in order to meet
recruiting problems, to obtain a person who has extraordinary
qualifications, to correct salary inequities resulting from actions
by the department or State Personnel Board, or to give credit for
prior state service in connection with appointments, promotions,
reinstatements, transfers, reallocations, or demotions. Other salary
adjustments within the salary range for the class may be made upon
the application of the appointing power and with the approval of the
director. Adjustments within the salary range authorized by this
section may be either permanent or temporary and may be made
retroactive to the date of application for this change.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19837. (a) Employees in a class shall receive a salary within the
limits established for that class; provided, that when a position has
been allocated to a lower class or the salary range or rate of pay
of the class is reduced, the department may authorize the payment of
a rate above the maximum of the class; and provided further, that
when an employee is moved to a position in a lower class because of
reductions in force or other management-initiated changes, the
department may, when recommended by the appointing power, authorize
the payment of a rate above the maximum of the class for such time as
the department may designate to the employee whose service has been
fully satisfactory, who has completed a minimum of 10 years of state
service, and who meets other eligibility standards established by the
department. "State service," for the purpose of this section, may
include up to one year during which the employee was off the state
payroll while laid off, or on leave of absence for the purpose of
lessening the effect of impending layoff or demotion. It is the
responsibility of the employee to request credit for such time from
the department. Such service shall not be credited for retirement
purposes.
The department may, upon recommendation of the appointing power,
apply the provisions of this section to employees who, prior to the
effective date of the amendments to this section made at the 1971
Regular Session of the Legislature, moved to a position in a lower
class because of reductions in force or other management-initiated
changes, provided such employees have more than 30 years state
service prior to the effective date of such amendments and were so
demoted on July 1, 1968.
During such time as an employee's salary remains above the maximum
rate of pay for his or her class, the employee shall not receive
further salary increases.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19838. (a) When the state determines an overpayment has been made
to an employee, it shall notify the employee of the overpayment and
afford the employee an opportunity to respond prior to commencing
recoupment actions. Thereafter, reimbursement shall be made to the
state through one of the following methods mutually agreed to by the
employee and the state:
(1) Cash payment or payments.
(2) Installments through payroll deduction to cover at least the
same number of pay periods in which the error occurred. When
overpayments have continued for more than one year, full payment may
be required by the state through payroll deductions over the period
of one year.
(3) The adjustment of appropriate leave credits or compensating
time off, provided that the overpayment involves the accrual or
crediting of leave credits (e.g., vacation, annual leave, or holiday)
or compensating time off. Any errors in sick leave balances may only
be adjusted with sick leave credits.
Absent mutual agreement on a method of reimbursement, the state
shall proceed with recoupment in the manner set forth in paragraph
(2).
(b) An employee who is separated from employment prior to full
repayment of the amount owed shall have withheld from any money owing
the employee upon separation an amount sufficient to provide full
repayment. If the amount of money owing upon separation is
insufficient to provide full reimbursement to the state, the state
shall have the right to exercise any and all other legal means to
recover the additional amount owed.
(c) Amounts deducted from payment of salary or wages pursuant to
the above provisions, except as provided in subdivision (b), shall in
no event exceed 25 percent of the employee's net disposable
earnings.
(d) No administrative action shall be taken by the state pursuant
to this section to recover an overpayment unless the action is
initiated within three years from the date of overpayment.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.