SECTIONS 71620-71629 - California Statutes

GOVERNMENT CODE

SECTION 71620-71629

71620. (a) Each trial court may establish such job classifications
and may appoint such trial court officers, deputies, assistants, and
employees as are deemed necessary for the performance of the duties
and the exercise of the powers conferred by law upon the trial court
and its members.
(b) Each trial court may appoint an executive or administrative
officer who shall hold office at the pleasure of the trial court and
shall exercise such administrative powers and perform such other
duties as may be required by the trial court. The executive or
administrative officer has the authority of a clerk of the trial
court. The trial court shall fix the qualifications of the executive
or administrative officer and may delegate to him or her any
administrative powers and duties required to be exercised by the
trial court.

71622. (a) Each trial court may establish and may appoint any
subordinate judicial officers that are deemed necessary for the
performance of subordinate judicial duties, as authorized by law to
be performed by subordinate judicial officers. However, the number
and type of subordinate judicial officers in a trial court shall be
subject to approval by the Judicial Council. Subordinate judicial
officers shall serve at the pleasure of the trial court.
(b) The appointment or termination of a subordinate judicial
officer shall be made by order of the presiding judge or another
judge or a committee to whom appointment or termination authority is
delegated by the court, and shall be entered in the minutes of the
court.
(c) The Judicial Council shall promulgate rules establishing the
minimum qualifications and training requirements for subordinate
judicial officers.
(d) The presiding judge of a superior court may cross-assign one
type of subordinate judicial officer to exercise all the powers and
perform all the duties authorized by law to be performed by another
type of subordinate judicial officer, but only if the person
cross-assigned satisfies the minimum qualifications and training
requirements for the new assignment established by the Judicial
Council pursuant to subdivision (c).
(e) The superior courts of two or more counties may appoint the
same person as court commissioner.
(f) As of the implementation date of this chapter, all persons who
were authorized to serve as subordinate judicial officers pursuant
to other provisions of law shall be authorized by this section to
serve as subordinate judicial officers at their existing salary rate,
which may be a percentage of the salary of a judicial officer.
(g) A subordinate judicial officer who has been duly appointed and
has thereafter retired from service may be assigned by a presiding
judge to perform subordinate judicial duties consistent with
subdivision (a). The retired subordinate judicial officer shall be
subject to the limits, if any, on postretirement service prescribed
by the Public Employees' Retirement System, the county
defined-benefit retirement system, as defined in subdivision (f) of
Section 71624, or any other defined-benefit retirement plan from
which the retired officer is receiving benefits. The retired
subordinate judicial officer shall be compensated by the assigning
court at a rate not to exceed 85 percent of the compensation of a
retired judge assigned to a superior court.

71623. (a) Each trial court may establish a salary range for each
of its employee classifications. Considerations shall include, but
are not limited to, local market conditions and other local
compensation-related issues such as difficulty of recruitment or
retention.
(b) All persons who are trial court employees as defined in
Section 71601, as of the implementation date of this chapter shall
become trial court employees at their existing salary rate. For
employees who are represented by a recognized employee organization,
salary ranges may be subject to modification pursuant to the terms of
a memorandum of understanding or agreement, or upon expiration of an
existing memorandum of understanding or agreement subject to meet
and confer in good faith. For employees who are not represented by a
recognized employee organization, salary ranges may be revised by the
trial court. However, as provided in Section 71612, the
implementation of this chapter shall not be a cause for the
modification of salary ranges by a trial court.

71623.5. (a) As of July 1, 2001, trial courts shall provide workers'
compensation coverage for trial court employees under a workers'
compensation program established by the Administrative Office of the
Courts or a program selected or approved by the Administrative Office
of the Courts. The Judicial Council shall adopt rules of court
requiring the Administrative Office of the Courts to establish a
workers' compensation program for the trial courts and to provide
guidance to the trial courts to ensure that the courts' workers'
compensation coverage, including workers' compensation employer
liability coverage, meets all legal requirements and is
cost-efficient.
(b) If, as of the implementation date of this chapter, the county
provides workers' compensation coverage for trial court employees,
the county shall continue to provide the coverage, under the same
terms and conditions as coverage was provided immediately preceding
implementation of this chapter. This coverage shall continue for a
transition period of up to 24 months after the implementation date of
this chapter, unless the court gives the county 60 days' notice, or
a mutually agreed to period of notice, that the court no longer needs
the county to provide the coverage. Subject to approval by the
Administrative Office of the Courts, the parties may mutually agree
to county-provided coverage beyond the 24-month transition period.
(c) County provision of workers' compensation coverage for trial
court employees shall not be construed to create a meet and confer
obligation between the county and any recognized employee
organization.

71624. (a) A county that contracts with the Board of Administration
of the Public Employees' Retirement System as of the implementation
date of this chapter and the trial court located within that county
shall establish a joint contract with the county under Section
20460.1 and subdivision (b) of Section 20469.1 in accordance with the
pertinent provisions of the Public Employees' Retirement Law (Part 3
(commencing with Section 20000) of Division 5 of Title 2) and any
other applicable rules of the retirement system. Eligibility to
participate in the Public Employees' Retirement System shall be
determined in accordance with the pertinent provisions of the Public
Employees' Retirement Law and any other applicable rules of the
retirement system. For all other counties and their corresponding
county defined-benefit retirement system, a trial court employee
shall be eligible to participate as a member in the existing county
defined-benefit retirement system in the county in which the court is
located.
(b) If a trial court employee participates as a member in a county
defined-benefit retirement system, his or her participation shall be
subject to the applicable statutes, rules, regulations, policies,
and plan and contract terms of the retirement system as is any other
member of the system. In accordance with these provisions, the trial
court employee who is a member of a county defined-benefit retirement
system shall have the right to receive the same defined-benefit
retirement plan benefits as county employees without the opportunity
to meet and confer with the county as to those benefits. For all
county defined-benefit systems other than the Public Employees'
Retirement System, the trial court shall pay to the county retirement
system at the same rate of contribution for trial court employees as
is required of the county for county employees under the county
retirement system for the same benefit level. Provided that a county
and a trial court are parties to a joint contract with CalPERS for
the provision of retirement benefits under Sections 20460.1 and
20469.1, the county defined-benefit retirement system contribution
rates for the trial court shall be the same as the contribution rates
for the county for the same benefit levels.
(c) Unless otherwise required by law, as provided in Section
71612, the implementation of this chapter shall not be a cause for
the modification of the trial court employee's contractual coverage
under, or exclusion from, social security.
(d) To facilitate trial court employee participation in county
defined-benefit retirement plans, the trial court and county may
mutually agree that the county shall administer the payroll for trial
court employees.
(e) Nothing in this section precludes a trial court from offering
a different defined-benefit retirement plan for trial court employees
that is separate from the county defined-benefit retirement plan,
subject to the terms of a memorandum of understanding or agreement
for represented employees, or the terms of trial court policies,
procedures, or plans, for unrepresented employees. The mechanism for
implementation of these plans shall be created by statute.
(f) For purposes of this section, "county defined-benefit
retirement system" means a defined-benefit retirement system
administered by the county or applicable governing body, including
systems established pursuant to the Public Employees Retirement Law
(Part 3 (commencing with Section 20000) of Division 5 of Title 2),
the County Employees' Retirement Law of 1937 (Chapter 3 (commencing
with Section 31450) of Part 3 of Division 3 of Title 3), or an
independent retirement system or plan.
(g) On the date this chapter is implemented, a trial court
employee who is a member of any county defined-benefit retirement
system shall continue to be eligible to receive the same level of
benefits that the member was eligible to receive prior to
implementation of this chapter.

71625. (a) Trial court policies related to accrued leave benefits,
including the type and accrual rate of accrued leave benefits, in
effect on the implementation date of this chapter shall remain in
effect unless modified pursuant to subdivision (c).
(b) The implementation of this chapter shall not cause a
termination of employment and rehire for purposes of accrued leave
benefits and shall not result in either the trial court or the county
cashing out trial court employees' accrued leave balances. A trial
court employee shall retain his or her accrued leave balances upon
implementation of this chapter. A trial court employee shall not cash
out his or her accrued leave balances solely as a result of
implementation of this chapter.
(c) For employees who are represented by a recognized employee
organization, the type and accrual rate of, and policies relating to,
accrued leave benefits are subject to modification pursuant to the
terms of a memorandum of understanding or agreement, or upon
expiration of an existing memorandum of understanding or agreement,
or upon revision to personnel, policies, procedures and plans,
subject to meet and confer in good faith. For employees who are not
represented by a recognized employee organization, the type and
accrual rate of, and policies relating to, accrued leave benefits may
be revised by the trial court. However, as provided in Section
71612, the implementation of this chapter shall not be a cause for
the modification of the type and accrual rate of, and policies
relating to, accrued leave benefits.

71626. Notwithstanding any other provision of law, with respect to
benefits which those persons who are trial court employees on and
after the implementation date of this chapter would receive upon
retirement, the following provisions shall apply:
(a) As provided in Section 71612, the implementation of this
chapter shall not be a cause for the modification of the level of
retiree group insurance benefits accruing to a trial court employee
or provided to a retired trial court employee. The level of retiree
group insurance benefits accruing to a trial court employee or
provided to a retired trial court employee as of the implementation
date of this chapter shall remain in effect unless modified pursuant
to subdivision (b) or (c). If the same retiree group insurance
benefits are not otherwise permitted by law or the vendor, the same
level of retiree group insurance benefits shall be provided subject
to subdivision (b).
(b) (1) For employees who are represented by a recognized employee
organization, (A) the level of retiree group insurance benefits
accruing to a trial court employee or provided to a retired trial
court employee pursuant to the terms of a memorandum of understanding
or agreement is subject to modification only pursuant to the terms
of that memorandum of understanding or agreement, and upon expiration
of that memorandum of understanding or agreement, those retiree
group insurance benefits may not be modified except pursuant to a
subsequent memorandum of understanding or agreement; and (B) the
level of retiree group insurance benefits accruing to a trial court
employee or provided to a retired trial court employee pursuant only
to personnel, policies, procedures, and plans, may be modified by the
trial court, subject to meet and confer in good faith.
(2) For employees who are not represented by a recognized employee
organization, the level of retiree group insurance benefits may be
revised by the trial court.
(c) A county shall have the authority to provide retiree group
insurance benefits to retired trial court employees. If the county
administers retiree group insurance benefits to trial court employees
or retired trial court employees, or if the trial court contracts
with the county to administer retiree group insurance benefits to
trial court employees or retired trial court employees, a trial court
employee or retired trial court employee shall be eligible to
participate in county retiree group insurance benefits and plans
subject to county retiree group insurance benefit regulations,
policies, terms and conditions, and subject to both of the following:
(1) A trial court employee or retired trial court employee shall
have the right to accrual of retiree group insurance benefits, or to
receive the same level of retiree group insurance benefits as county
employees in similar classifications as designated by the trial court
subject to meet and confer in good faith, without the opportunity to
meet and confer with the county as to those benefits.
(2) The level of retiree group insurance benefits accruing to a
trial court employee or provided to a retired trial court employee is
subject to modification by the county, if the county changes the
level of retiree group insurance benefits of county employees in
classifications that have been designated as similar classifications
pursuant to paragraph (1).
(d) For purposes of this section:
(1) "Retiree group insurance benefits" means group insurance
benefits which trial court employees would receive upon retirement.
(2) "County," means the board of supervisors of the county where
the trial court is located, or the applicable governing body for the
retirement system of such county.
(e) The trial court shall reimburse the county for the cost of
coverage of retired trial court employees in county retiree group
insurance benefit plans. The county may charge the trial court for
retiree group insurance benefits only the amount that the county is
required to pay in excess of the retirement system funding or
prefunding of the retiree group insurance benefits. The county and
the trial court may agree to an alternative arrangement to fund
retiree group insurance benefits.

71626.1. (a) Any trial court receiving cleaning or maintenance
services from persons employed directly by the court or county shall
continue to receive those services from persons employed directly by
a trial court or county in which the trial court is located.
(b) If the trial court replaces the county in providing cleaning
or maintenance services, county employees who have been providing
those services to the trial court have the right, prior to any other
hiring by the trial court of persons to provide those services, to,
at their own option, transfer employment directly from the county to
the trial court without a break in service, either when those
services are transferred from the county to the trial court, or
anytime within two years from the date of that transfer of services
if a vacancy exists at the time of the requested transfer.
Furthermore, the trial court and an employee organization may by
mutual agreement permit county employees providing cleaning or
maintenance services in county facilities other than the trial court
the option of transferring to the trial court upon such terms as are
agreed upon by the trial court and the employee organization if there
is a vacancy that no county employee who has been providing cleaning
and maintenance services to the trial court opts to fill.
(c) If a county employee who provides cleaning or maintenance
services to a trial court transfers employment directly from the
county to the trial court without a break in service, upon the date
of transfer, that employee shall be considered a trial court
employee, as defined in Section 71601 subject to all applicable
provisions of this chapter.
(d) The transfer of employment from the county to the trial court
under this section shall not be deemed a termination of employment by
the county and rehire by the trial court for the purposes of accrued
leave benefits, employment seniority, and employment status as a
probationary or regular employee. The transfer of employment shall
not be the sole cause for a modification of wages or benefits of any
kind.

71626.5. (a) As of the implementation date of this chapter:
(1) If a trial court employee receives county retiree group
insurance benefits pursuant to Section 71626 and that county funds
retiree group insurance benefits from excess funds in the county's
retirement system, or prefunds retiree group insurance benefits, the
county or county retirement board shall administer retiree group
insurance benefits to trial court employees who retire from the
county retirement system. However, the county and the trial court may
agree to an alternative arrangement to administer retiree group
insurance benefits.
(2) In all other counties in which the trial court exercises its
authority to provide retiree group insurance benefits to its
employees, (A) if the trial court administers retiree group insurance
benefits to trial court employees separately from the county, the
trial court shall continue to administer these benefits as provided
under existing personnel policies, procedures, plans, or a trial
court employee memorandum of understanding or agreement; and (B) if
the county administers retiree group insurance benefits to trial
court employees or if the trial court contracts with the county to
administer retiree group insurance benefits to trial court employees,
the county may continue to administer retiree group insurance
benefits to trial court employees pursuant to subdivision (c) of
Section 71626 or the trial court may administer retiree group
insurance benefits to trial court employees pursuant to the following
transition process:
(i) While an existing memorandum of understanding or agreement
remains in effect or for a transition period of up to 24 months,
whichever is longer, the county shall administer retiree group
insurance benefits for represented trial court employees who retire
during that period, as provided in the applicable memorandum of
understanding or agreement, unless the county is notified by the
trial court pursuant to subparagraph (iv) that the trial court no
longer needs the county to administer specified benefits, or the
trial court and the county mutually agree that the county will no
longer administer specified benefits.
(ii) For a transition period of up to 24 months after the
implementation date of this chapter, the county shall administer
retiree group insurance benefits for unrepresented trial court
employees who retire during that period, unless notified by the trial
court pursuant to subparagraph (iv) that the trial court no longer
needs the county to administer specified benefits, or the trial court
and the county mutually agree that the county will no longer
administer specified benefits. During the 24-month transition period,
if the county decides to change how it administers unrepresented
trial court employees' retiree group insurance benefits, the county
shall provide the trial court with at least 60 days' notice, or a
mutually agreed to amount of notice, before any change in the
administration of the benefits is implemented so the trial court can
decide whether to accept the county's change or consider alternatives
and arrange to administer or provide benefits on its own.
(iii) If, during the 24-month transition period, the trial court
decides to offer particular retiree group insurance benefits
different from what the county is administering, the trial court
shall be responsible for administering those particular retiree group
insurance benefits.
(iv) If the trial court intends to give notice to the county that
it no longer needs the county to administer specified retiree group
insurance benefits to trial court employees, the trial court shall
provide the county with at least 60 days' notice, or a mutually
agreed to amount of notice.
(b) A county's agreement to administer retiree group insurance
benefits shall not be construed to create a meet and confer
obligation between the county and any recognized employee
organization.
(c) Nothing in this section precludes a trial court from offering
a different retiree group insurance benefits plan for trial court
employees that is separate from the county retiree group insurance
benefits plans, subject to the terms of a memorandum of understanding
or agreement for represented employees, or the terms of trial court
policies, procedures, or plans, for unrepresented employees.

71627. Notwithstanding any other provision of law:
(a) As provided in Section 71612, the implementation of this
chapter shall not be a cause for the modification of the level of
federally regulated benefits provided to a trial court employee. The
level of federally regulated benefits provided to a trial court
employee as of the implementation date of this chapter shall remain
in effect unless modified pursuant to subdivision (b). If the same
federally regulated benefits are not permitted by law or by the
vendor, the same level of federally regulated benefits shall be
provided by the trial court subject to the provisions of subdivision
(b).
(b) (1) For employees who are represented by a recognized employee
organization, (A) the level of federally regulated benefits accruing
to a trial court employee pursuant to the terms of a memorandum of
understanding or agreement is subject to modification only pursuant
to the terms of that memorandum of understanding or agreement, and
upon expiration of that memorandum of understanding or agreement,
those federally regulated benefits may not be modified except
pursuant to a subsequent memorandum of understanding or agreement;
and (B) the level of federally regulated benefits accruing to a trial
court employee pursuant only to personnel, policies, procedures, and
plans may be modified by the trial court, subject to meet and confer
in good faith.
(2) For employees who are not represented by a recognized employee
organization, the level of federally regulated benefits may be
revised by the trial court.
(c) If the county administers federally regulated benefits to
trial court employees, or if the trial court contracts with the
county to administer federally regulated benefits to trial court
employees, a trial court employee shall be eligible to participate in
federally regulated benefits subject to federally regulated benefit
regulations, policies, terms, and conditions, and subject to both of
the following requirements:
(1) A trial court employee shall have the right to receive the
same level of federally regulated benefits as county employees in
similar classifications, as designated by the trial court subject to
the obligation to meet and confer in good faith, without the
opportunity to meet and confer with the county as to those benefits.
(2) The level of federally regulated benefits accruing to a trial
court is subject to modification by the county if the county changes
the level of federally regulated benefits of county employees in
classifications that have been designated as similar classifications
pursuant to paragraph (1).
(d) For purposes of this section, "federally regulated benefits"
means benefits that provide tax-favored treatment for employees
pursuant to federal laws or regulations, including, but not limited
to, cafeteria plans under Section 125 of the Internal Revenue Code,
educational assistance benefits under Section 127 of the Internal
Revenue Code, and fringe benefits under Section 132 of the Internal
Revenue Code, but not including federally-regulated deferred
compensation plan benefits provided to trial court employees pursuant
to Section 71628.
(e) As of the implementation date of this chapter:
(1) If the trial court administers federally regulated benefits
for trial court employees separately from the county, the trial court
shall administer these benefits as provided under existing personnel
policies, procedures, plans, or a memorandum of understanding or
agreement applicable to trial court employees.
(2) If the county administers federally regulated benefits for
trial court employees, or if the trial court contracts with the
county to administer federally regulated benefits, the following
provisions govern the transition of responsibility for administering
these benefits to the trial court:
(A) Until the effective date of the transition of responsibility,
the county shall continue to administer represented trial court
employees' federally regulated benefits as provided in the memorandum
of understanding or agreement and unrepresented trial court
employees' federally regulated benefits as provided in personnel
policies, procedures, and plans.
(B) During the period of time between the implementation date of
this chapter and the effective date of the transition of
responsibility, both the trial court and the county shall cosponsor
the federally regulated benefit plan. Cosponsorship shall continue as
long as trial court employees are governed by a plan not offered by
the trial court, but in no event longer than 18 months after the
implementation date of this chapter, or the term of the memorandum of
understanding or agreement applicable to trial court employees,
whichever is longer, unless the trial court and the county agree to
continued cosponsorship.
(C) If during the cosponsorship period the trial court decides to
offer particular benefits that are different from what the county is
administering, then the trial court shall be responsible for
administering those particular benefits unless the trial court and
county agree otherwise.
(D) The effective date of the transition of responsibility shall
coincide with the first day of the applicable federally regulated
benefits plan year to ensure that there is no financial impact on the
employee or on either employer.
(f) To facilitate trial court employee participation in county
federally regulated benefits plans, the trial court and county may
mutually agree that the county shall administer the payroll for trial
court employees.
(g) The trial court shall reimburse the county for the cost of any
coverage of trial court employees in county federally regulated
benefit plans.
(h) A county shall have authority to cosponsor federally regulated
benefits with a trial court to provide those benefits to trial court
employees if those benefits are requested by the trial court subject
to county agreement to cosponsor those benefits. A county's
agreement to cosponsor those benefits shall not be construed as
creating a meet and confer obligation between the county and any
recognized trial court employee organization.
(i) Nothing in this section shall prevent a trial court from
offering to trial court employees a future option of participating in
other federally regulated benefit plans that may be developed
subject to the obligation to meet and confer in good faith.

71628. Notwithstanding any other provision of law:
(a) As provided in Section 71612, the implementation of this
chapter shall not be a cause for the modification of the level of
deferred compensation plan benefits provided to a trial court
employee.
If the same deferred compensation plan benefits are not permitted
by law or the plan vendor, the trial court shall provide other
deferred compensation plan benefits at the same level, subject to the
provisions of subdivision (b). The level of deferred compensation
plan benefits provided to a trial court employee as of the
implementation date of this chapter shall remain in effect unless
modified pursuant to subdivision (b).
(b) (1) For employees who are represented by a recognized employee
organization, (A) the level of deferred compensation plan benefits
accruing to a trial court employee pursuant to the terms of a
memorandum of understanding or agreement is subject to modification
only pursuant to the terms of that memorandum of understanding or
agreement, and upon expiration of that memorandum of understanding or
agreement, those deferred compensation plan benefits may not be
modified except pursuant to a subsequent memorandum of understanding
or agreement; and (B) the level of deferred compensation plan
benefits accruing to a trial court employee pursuant only to
personnel, policies, procedures, and plans may be modified by the
trial court, subject to meet and confer in good faith.
(2) For employees who are not represented by a recognized employee
organization, the level of deferred compensation plan benefits may
be modified by the trial court.
(c) If the county administers deferred compensation plan benefits
to trial court employees, or if the trial court contracts with the
county to administer deferred compensation plan benefits to trial
court employees, a trial court employee shall be eligible to
participate in deferred compensation plan benefits subject to
deferred compensation plan regulations, policies, terms and
conditions, and subject to both of the following:
(1) A trial court employee shall have the right to receive the
same level of deferred compensation plan benefits as county employees
in similar classifications, as designated by the trial court subject
to the obligation to meet and confer in good faith, without the
opportunity to meet and confer with the county as to those benefits.
(2) The level of deferred compensation plan benefits accruing to a
trial court employee is subject to modification by the county if the
county changes the level of deferred compensation plan benefits of
county employees in classifications that have been designated as
similar classifications pursuant to paragraph (1).
(d) If the implementation of this chapter causes a change in
deferred compensation plans and requires the transfer of trial court
employees' plan balances to the trial court's deferred compensation
plan, trial court employees shall not suffer a financial loss due to
transfer-related penalties, such as deferred sales charges, and any
financial loss due to transfer-related penalties shall be borne by
the trial court.
(e) Trial court employees shall continue to be eligible to receive
deferred compensation plan benefits from the county or the trial
court. For purposes of deferred compensation plans established under
Section 401(k) or 457 of the Internal Revenue Code, one of the
following shall apply:
(1) If permitted by federal law and deferred compensation plan
vendors, trial court employees shall continue to receive federal 401
(k) or 457 deferred compensation plan benefits through county plans
unless the trial court modifies its plan benefits pursuant to
personnel rules, subject to meet and confer in good faith.
(2) If not permitted by federal law or deferred compensation plan
vendors, the trial court shall provide deferred compensation plan
benefits at the same level subject to meet and confer in good faith,
in which case upon transition to the new deferred compensation plan,
(A) to provide the trial court time to investigate plan options,
negotiate plan contracts, and establish plans, there shall be a
transition period of at least six months, during which trial court
employees shall continue to receive deferred compensation plan
benefits from the county; and (B) a county may require that trial
court employees leave their plan balances in the county's deferred
compensation plan or may transfer trial court employees' plan
balances to the trial court's deferred compensation plan.
(f) To facilitate trial court employee participation in county
deferred compensation plans, the trial court and county may mutually
agree that the county shall administer the payroll for trial court
employees.
(g) The trial court shall reimburse the county for the cost of any
coverage of trial court employees in county deferred compensation
plans.
(h) A county is authorized to amend the documents of a deferred
compensation plan established under Section 401(k) or 457 of the
Internal Revenue Code as necessary to achieve the objectives of this
section.
(i) Nothing in this section precludes the possibility that a trial
court employee may have a future option of participating in other
deferred compensation plans that may be developed subject to the
obligation to meet and confer in good faith.

71629. Except as provided in Sections 71624, 71625, 71626, 71626.5,
71627, and 71628, and notwithstanding any other provision of law:
(a) As provided in Section 71612, the implementation of this
chapter shall not be a cause for the modification of the level of
trial court employment benefits. If the same trial court employment
benefits are not permitted by law or the plan vendor, the trial court
shall provide other trial court employment benefits at the same
level subject to the provisions of subdivision (b). The level of
trial court employment benefits provided to a trial court employee as
of the implementation date of this chapter shall remain in effect
unless modified pursuant to subdivision (b).
(b) For employees who are represented by a recognized employee
organization, the level of trial court employment benefits provided
to a trial court employee may not be modified until after the
expiration of an existing memorandum of understanding or agreement or
a period of 24 months, whichever is longer, unless the trial court
and recognized employee organization mutually agree to a
modification. For employees who are not represented by a recognized
employee organization, the level of trial court employment benefits
may be revised by the trial court.
(c) The trial court shall reimburse the county for the cost of
coverage of trial court employees in trial court employment benefit
plans. If the county administers trial court employment benefits to
trial court employees, or if the trial court contracts with the
county to administer trial court employment benefits to trial court
employees, a trial court employee shall be eligible to participate in
trial court employment benefits subject to trial court employment
benefit regulations, policies, terms and conditions, and subject to
both of the following:
(1) A trial court employee shall have the right to receive the
same level of trial court employment benefits as county employees in
similar classifications, as designated by the trial court subject to
the obligation to meet and confer in good faith, without the
opportunity to meet and confer with the county as to those benefits.
(2) The level of trial court employment benefits accruing to a
trial court employee is subject to modification by the county if the
county changes the level of the same employment benefits accruing to
county employees in classifications that have been designated as
similar classification pursuant to paragraph (1).
(d) As of the implementation date of this chapter:
(1) If the trial court administers trial court employment benefits
to trial court employees separately from the county, the trial court
shall continue to administer these benefits as provided under
existing personnel policies, procedures, plans, or trial court
employee memoranda of understanding or agreements.
(2) If the county administers trial court employment benefits to
trial court employees or if the trial court contracts with the county
to administer trial court employment benefits to trial court
employees, the county may continue to administer trial court
employment benefits to trial court employees pursuant to subdivision
(e) or the trial court may administer trial court employment benefits
to trial court employees pursuant to the following transition
process:
(A) While an existing memorandum of understanding or agreement
remains in effect or for a transition period of 24 months, whichever
is longer, the county shall administer trial court employment
benefits for represented trial court employees as provided in the
applicable memorandum of understanding or agreement, unless the
county is notified by the trial court pursuant to subparagraph (D)
that the trial court no longer needs the county to administer
specified benefits, or the trial court and the county mutually agree
that the county will no longer administer specified benefits.
(B) For a transition period of up to 24 months after the
implementation date of this chapter, the county shall administer
trial court employment benefits for unrepresented trial court
employees, unless notified by the trial court pursuant to
subparagraph (D) that the trial court no longer needs the county to
administer specified benefits, or the trial court and the county
mutually agree that the county will no longer administer specified
benefits. During the transition period, if the county intends to
change unrepresented trial court employees' trial court employment
benefits, the county shall provide the trial court with at least 60
days' notice, or a mutually agreed to amount of notice, before any
change in benefits is implemented so the trial court can decide
whether to accept the county's change or consider alternatives and
arrange to provide benefits on its own.
(C) If, during the transition period, the trial court decides to
offer particular trial court employment benefits that are different
from what the county is administering, the trial court shall be
responsible for administering those particular benefits.
(D) If the trial court decides that it no longer needs the county
to administer specified trial court employment benefits to trial
court employees, the trial court shall provide the county with at
least 60 days' notice, or a mutually agreed to amount of notice.
(e) To facilitate trial court employee participation in county
trial court employment benefit plans, the trial court and county may
mutually agree that the county shall administer the payroll for trial
court employees.
(f) A county shall have authority to provide trial court
employment benefits to trial court employees if those benefits are
requested by the trial court and subject to county concurrence to
providing those benefits. A county's agreement to provide those
benefits shall not be construed to create a meet and confer
obligation between the county and any recognized employee
organization.
(g) Nothing in this section shall prevent the trial court from
arranging for trial court employees other trial court employment
benefits plans subject to the obligation to meet and confer in good
faith.