California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 5 - Compensation › Section 599.667 - The 10-12 Pay Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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.