California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 2 - Administration › Section 558 - Incompatible Activities Statement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following activities are deemed to be inconsistent,
						incompatible, in conflict with, or inimical to the duties of PERS officers or
						employees:
(1) Using the prestige or
					 influence of the state or PERS for the officer's or employee's private gain or
					 advantage or the private gain of another.
(2) Using state time, facilities, equipment
					 (including but not limited to xerox machines, telephones, vehicles, postage
					 meters, data processing or word processing equipment, or personal computers) or
					 supplies for private gain or advantage.
(3) Using, or having access to, confidential
					 information available by virtue of state employment (including but not limited
					 to confidential data filed by a member or beneficiary with the board, and
					 confidential contract, financial, investment or legal information) for private
					 gain or advantage.
(4) Providing
					 confidential information (including but not limited to confidential data filed
					 by a member or beneficiary with the board, and confidential contract,
					 financial, investment or legal information) to persons to whom issuance of this
					 information has not been authorized.
(5) Receiving or accepting money or any other
					 consideration (including but not limited to entertainment, lodging, travel
					 expenses, services or other items) from anyone other than the state for the
					 performance of his or her job duties as a state officer or employee.
(6) Performance of an act in other than his
					 or her capacity as a state officer or employee knowing that the act may later
					 be subject, directly or indirectly to the control, inspection, review, audit,
					 or enforcement by the officer or employee.
(7) Receiving or accepting, directly or
					 indirectly, any gift, including money, or any service, gratuity, favor,
					 entertainment, hospitality, loan, or any other thing of value from anyone who
					 is doing or is seeking to do business of any kind with the Public Employees'
					 Retirement System or whose activities are regulated or controlled by PERS under
					 circumstances from which it reasonably could be substantiated that the gift was
					 intended to influence the officer or employee in his or her official duties or
					 was intended as a reward for any official actions performed by the officer or
					 employee.
(8) Subject to any other
					 laws, rules, or regulations as pertains thereto, not devoting his or her full
					 time, attention, and efforts to his or her state office or employment during
					 his or her hours of duty as a state officer or employee.
The following activities are specifically deemed to be
						incompatible, inconsistent, in conflict with, or inimical to the duties of PERS
						officers and employees due to the nature of the responsibilities of the Public
						Employees' Retirement System:
(9) Accepting commercial transportation or
					 lodging of any type, or accepting direct or indirect payment or reimbursement
					 for lodging or transportation of any type from any person, business entity, or
					 organization doing or seeking to do business of any kind with PERS, except
					 where:
(A) the travel and/or accommodations
					 or payment or reimbursement for such are provided in connection with training,
					 or a meeting, seminar, or conference which the Executive Officer, or the Board
					 President where the proposed attendee is the Executive Officer, has determined
					 to be of educational value to the attendee; and
(B) the acceptance of the transportation,
					 lodging, payment or reimbursement for such is not prohibited by any other
					 section of this regulation or by any other provision of law.
PERS or the State of California shall pay for travel and
						lodging expenses of PERS officers and employees on PERS-related business
						whenever possible. Only if the system or the state is unable to pay the
						officer's or employee's travel or lodging expenses may a PERS officer or
						employee accept commercial transportation or lodging of any type, or
						reimbursement or direct or indirect payment for lodging or transportation of
						any type, from sources other than PERS or the State of California.
Prior to accepting commercial transportation or lodging
						or payment or reimbursement for lodging and/or transportation of any type from
						a source other than PERS or the State of California, the Assistant Executive
						Officers and employees shall obtain written approval from the Executive
						Officer, and the Executive Officer shall obtain prior written approval from the
						Board President.