Section 27401 - Remuneration that is Paid in Addition to Salary(a) Remuneration in addition to salary is compensation that meets all of the following requirements: (1) Is paid in cash in accordance with a publicly available written contractual agreement where applicable and required by law.(2) Is not associated with the performance of additional service.(A) When the contractual full time is based on load credits or a similar non-time based measure, additional service includes any service that is associated with earning those credits.(3) Is paid to all persons who are in a class of employees, in the same dollar amount, same percentage of salary or same percentage of amount being distributed.(4) Is paid in the same manner to all members of the class of employees, and is not available in an alternative form that is subject to choice on an individual basis by an employee or an employer.(5) Is paid without a requirement by the employer for proof of expenditure.(6) Is paid contingent on either of the following:(A) Availability of funds.(B) Meeting any of the following qualifications or requirements: (i) Possession or attainment of a certificate, license, special credential or advanced degree.(ii) Career or service longevity.(iii) Hiring, transfer or retirement.(iv) Employment in a position that is hazardous or difficult to staff.(v) Employment in an assignment in which the number of students enrolled exceeds the contractual class size maximum.(vi) Achievement of a performance benchmark.(b) If compensation is restructured into remuneration in addition to salary, regardless of how it was paid previously, the compensation is remuneration in addition to salary beginning on the effective date of the restructure.(c) Remuneration in addition to salary does not include the following as described in Sections 27501 and 27502: (1) Cash paid by an employer to an employee who receives cash in lieu of a fringe benefit, or cash in lieu of an expense paid or reimbursed by the employer.(2) Cash paid by an employer on behalf of an employee for a fringe benefit, expense or reimbursement.(3) Cash paid by an employer to an employee that is the remainder from money allocated for fringe benefits or expenses that are paid by the employer.Cal. Code Regs. Tit. 5, § 27401
1. New section filed 11-18-2014; operative 1-1-2015 (Register 2014, No. 47).
2. Amendment filed 8-22-2017; operative 10-1-2017 (Register 2017, No. 34). Note: Authority cited: Sections 22119.2, 22119.5, 22207, 22213, 22214, 22215, 22305 and 22458, Education Code. Reference: Section 22119.2, Education Code.
1. New section filed 11-18-2014; operative 1/1/2015 (Register 2014, No. 47).
2. Amendment filed 8-22-2017; operative 10/1/2017 (Register 2017, No. 34).