Section 570.5 - Requirement for a Publicly Available Pay Schedule(a) For purposes of determining the amount of "compensation earnable" pursuant to Government Code Sections 20630, 20636, and 20636.1, payrate shall be limited to the amount listed on a pay schedule that meets all of the following requirements:(1) Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws;(2) Identifies the position title for every employee position;(3) Shows the payrate for each identified position, which may be stated as a single amount or as multiple amounts within a range;(4) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;(5) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;(6) Indicates an effective date and date of any revisions;(7) Is retained by the employer and available for public inspection for not less than five years; and(8) Does not reference another document in lieu of disclosing the payrate.(b) Whenever an employer fails to meet the requirements of subdivision (a) above, the Board, in its sole discretion, may determine an amount that will be considered to be payrate, taking into consideration all information it deems relevant including, but not limited to, the following:(1) Documents approved by the employer's governing body in accordance with requirements of public meetings laws and maintained by the employer;(2) Last payrate listed on a pay schedule that conforms to the requirements of subdivision (a) with the same employer for the position at issue;(3) Last payrate for the member that is listed on a pay schedule that conforms with the requirements of subdivision (a) with the same employer for a different position;(4) Last payrate for the member in a position that was held by the member and that is listed on a pay schedule that conforms with the requirements of subdivision (a) of a former CalPERS employer.Cal. Code Regs. Tit. 2, § 570.5
1. New section filed 7-11-2011; operative 8-10-2011 (Register 2011, No. 28). Note: Authority cited: Sections 20120 and 20121, Government Code. Reference: Sections 20630, 20636 and 20636.1, Government Code.
1. New section filed 7-11-2011; operative 8-10-2011 (Register 2011, No. 28).