Cal. Code Regs. tit. 2 § 599.667

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 599.667 - The 10-12 Pay Plan

A "10-month employee" as used in this section means a person who is employed: full-time in a civil service position in the Special Education Program Support Unit of the Department of Education; or full-time in a position at the California Maritime Academy; or full-time in a civil service position requiring teacher certification qualifications and performance of teaching duties for ten consecutive pay periods as designated by the appointing power on state workdays as defined in the California Victim Compensation and Government Claims Board's regulations or on days in lieu thereof, and who elects with approval of the appointing power to be employed and paid on an annual salary basis under the provisions of this section. "Annual salary" as used in this section means the sum of the monthly salary rates that the employee could have earned during the 10 designated pay periods had the employee not elected to be employed and paid under the provisions of this section.

(a) Pay for the Entire 10 Months. A 10-month employee who completes all the service required for the designated 10-month period beginning on the first day of the first state pay period of the designated 10-month period, shall for such service be paid the annual salary in 12 installments payable on state pay days of each of the subsequent 12 pay periods, covering the period of one year. The first installment shall be paid on the first state pay day following the effective date of appointment, reinstatement or election for the year. Authorized time worked in excess of the employee's regularly scheduled workweek shall be compensated for in accordance with the provisions of sections 599.700, 599.701, 599.702, 599.703, 599.703.1, 599.704, 599.705, 599.705.1, 599.706, 599.707, 599.708, 599.709, 599.710 and 599.711 of these regulations at the monthly rate which the employee could have earned had the employee not elected to be employed and paid under the provisions of this section. If such employee serves in excess of 10 designated monthly pay periods during any 12-month period, such excess service shall be under separate appointment and shall be compensated at the monthly rate appropriate for that appointment and position.
(b) Interim Adjustment in Pay Due to Noncompensable Absence. If, because a 10-month employee reports for duty after the first day of the first pay period of the designated 10-month period or because the employee has had a noncompensable absence, it is necessary to reduce the salary payment for any state pay period, the interim reduction for that period shall be at the rate of 1/210 of the annual salary of the employee for each workday the employee was in a nonpay status, except that if such computation in any one pay period would result in zero or minus pay, the employee shall be paid at the rate of 1/210 of such annual salary for each day actually worked during such state pay period.
(c) Settlements Payments. A 10-month employee who serves less than the designated 10-month period, or whose pay has been adjusted because of reporting for duty after the first day of the first pay period of the designated 10-month period or because of a noncompensable absence, or who has had a change in rate of pay or in time base shall, on the state pay day on which the employee is to receive the final installment of the annual salary, or at the time of separation or transfer from the 10-month position, receive a final settlement computed in accordance with the following formula:

(First step)

Total salary earned =total days worked x annual salary
number of workdays in 10-month period

(Second step)

Amount of settlement payment = total salary earned -- salary received for current 10-month period.

(d) Report to State Controller. The final settlement payment shall be computed by the appointing power and a copy of such computation furnished to the State Controller's Disbursing Office.

Cal. Code Regs. Tit. 2, § 599.667

1. Change without regulatory effect amending section and NOTE filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

Note: Authority cited: Sections 18502, 19815.4(d) and 19826, Government Code. Reference: Section 19829, Government Code.

1. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).