Section 27301 - Prohibited Classes of Employees(a) An employer may not establish a class of employees that is distinguished by any of the following: (1) The retirement benefit formula or retirement program.(2) A minimum or maximum threshold for age or service credit.(3) The characterization or restructuring of compensation, in the absence of the criteria described in Section 27300.(4) An option or requirement for one or more employees who perform similar job duties to work a longer or shorter day, or work more or fewer days per year, performing similar job duties, in the absence of the criteria described in paragraph (2) of subdivision (a) of Section 27300, except as provided in subdivision (c) of Section 22138.5 of the Education Code for the minimum standard for full time in community colleges.(5) Performing only activities related to, and an outgrowth of, the instructional and guidance program of the school, because those activities must be performed in addition to other activities described in Section 22119.5 of the Education Code in order to be creditable service.Cal. Code Regs. Tit. 5, § 27301
1. New section filed 11-18-2014; operative 1-1-2015 (Register 2014, No. 47).
2. Amendment of subsection (a)(5) filed 8-22-2017; operative 10-1-2017 (Register 2017, No. 34). Note: Authority cited: Sections 22112.5, 22119.2, 22207, 22213 and 22305, Education Code. Reference: Sections 22112.5, 22119.5 and 22138.5, Education Code.
1. New section filed 11-18-2014; operative 1/1/2015 (Register 2014, No. 47).
2. Amendment of subsection (a)(5) filed 8-22-2017; operative 10/1/2017 (Register 2017, No. 34).