Section 42803 - Pay Plan for California State University Employees. Amount and Dates of PaymentSubject to the provisions of Sections 42804 and 42805 employees of the California State University shall be paid in the amounts and on the dates specified in this section.
(a) Definition: As used in this section, the term "annual salary for an academic year" means twelve times the monthly salary rate indicated in the salary scales established for academic year personnel or the fractional equivalent thereof in the case of part-time employees.(b) Academic Year Employee. (1) Amount and Dates of Pay for Entire Academic Year. An academic year employee who completes all the service required for three quarters or two semesters shall be paid for such service his or her annual salary for an academic year adjusted for changes in salary rates, and time base for the periods covered by such adjustments, in twelve consecutive installments payable on state pay days covering the period of twelve months beginning with the effective date of his or her appointment; provided that adjustments for changes in salary rates may not be made applicable to the vacation period of an academic year employee subsequent to the conclusion of his or her academic year unless that employee has been reappointed or has retired or is retiring within 120 days of the end of the academic year, pursuant to the Public Employees' Retirement Law or the State Teachers' Retirement Law. The first installment shall be paid on the first state pay day following the conclusion of the first academic pay period as determined pursuant to subdivision (c) of Section 42800 and shall be the amount of his or her established monthly salary equivalent for the position. If such employee separates from the position following the completion of his or her assigned duties in the position but prior to the end of the twelve-month period, he or she may on separation be paid as a final settlement the unpaid balance of the salary due him or her.(2) Amount of Pay for Semester. An academic year employee who completes all the service required for an entire semester shall for that service be paid one-half of his or her annual salary for an academic year, in six monthly installments, adjusted for changes in salary rates and time base of the period covered by such adjustment. Adjustments for changes in salary rates that are effective subsequent to the completion of an academic year employee's required service may not be made applicable to the vacation period of an academic year employee unless that employee has been reappointed or has retired or is retiring within 120 days of the end of his or her required service, pursuant to the Public Employees' Retirement Law or the State Teachers' Retirement Law.(3) Amount of Pay for Quarter. Except as otherwise provided in this section, an academic year employee who completes all the service required for an entire quarter shall for that service be paid one-third of his or her annual salary for an academic year, in four monthly installments, adjusted for changes in salary rate and time base for the periods covered by such adjustments. Adjustments for changes in salary rates that are effective subsequent to the completion of an academic year employee's required service may not be made applicable to the vacation period of an academic year employee unless that employee has been reappointed or has retired or is retiring within 120 days of the end of his or her required service pursuant to the Public Employees' Retirement Law or the State Teachers' Retirement Law.(4) Date of Payments for Service for Semester or Quarter.(A) An academic year employee who is appointed to serve for one semester only or for one or two quarters only shall be paid in installments payable on state pay days covering the six-month period where appointment is for one semester, or the four-month or eight-month period, as the case may be, where the appointment is for one or two quarters, beginning on the effective date of his or her appointment. The first installment shall be paid on the first state pay day following the conclusion of the first academic pay period as determined pursuant to subdivision (e) of Section 42800 and shall be the amount of his or her established monthly salary equivalent for the position.(B) If any employee described in subparagraph (A) hereof separates from the position following the completion of his or her assigned duties in the position but prior to the end of the six-month, four-month, or eight-month period, whichever is applicable, he or she may on separation be paid as a final settlement the unpaid balance of the salary due him or her, such balance to be computed by taking into account changes, if any, in the salary rate and time base. Adjustment for changes in salary rates that are effective subsequent to the completion of an academic year employee's required service may not be made applicable to the vacation period unless that employee has been reappointed or has retired or is retiring within 120 days of the end of his or her required service, pursuant to the Public Employees' Retirement Law or the State Teachers' Retirement Law.(5) Academic Year Employee Serving in an Extra Quarter Assignment. An academic year employee appointed to serve an extra quarter assignment for compensation pursuant to Section 42754, subdivision (e)(1) shall be paid for such service in three monthly installments at the regular compensation. Such salary payments shall be in addition to any salary due him or her for service as an academic year employee.(6) Academic Year Employee Serving in an Extra Quarter Assignment Without Compensation. An academic year employee serving full-time in an extra quarter assignment without compensation, pursuant to Section 42754, subdivision (e)(2) shall be entitled to a compensatory quarter off at a later date with regular compensation and benefits applicable at that time.(c) Ten-month Employees (including librarians electing to be employed on a ten-month basis pursuant to Article 2.7 of this Subchapter). A ten-month employee (including librarians electing to be employed on a ten-month basis pursuant to Article 2.7 of this Subchapter) who completes all service required for the ten-month period shall for such service be paid his or her regular annual salary in twelve consecutive installments payable on state pay days. If he or she serves at any one campus in the same class or class series in excess of ten-months during that employee's established year (a twelve-month period), he or she shall for such excess service be paid at the monthly rate of one-tenth of his or her annual salary or the fractional equivalent thereof in case of part-time service, adjusted for changes in salary rate and time base for the periods covered by such adjustments. If he or she has accumulated during the ten-month period vacation which he or she was unable to take because of his or her assigned duties, he or she may, at the discretion of the President, be paid for such vacation at the monthly rate of one-tenth of his or her regular annual salary adjusted for changes in salary rates; provided that adjustments for changes in salary rates may not be made applicable to the vacation period of a ten-month employee subsequent to the conclusion of his or her year of service unless that employee has been reappointed or has retired or is retiring within 120 days of the end of his or her year of service, pursuant to the Public Employees' Retirement Law or the State Teachers' Retirement Law. Pay for excess service and vacation shall be in addition to any salary due for service during the regular ten-month period, but the total pay for excess service and for accumulated vacation paid in addition to his or her regular annual salary shall not exceed an amount equal to two-tenths of his or her regular annual salary.
(d) Ten-month Employees paid under a 10-12 Pay Plan. A ten-month employee paid under a 10-12 pay plan, who completes all service required for the designated ten-month period, shall for such service be paid his or her regular annual salary, adjusted for changes in salary rates and time base for the periods covered by such adjustments, in twelve consecutive installments payable on state pay days. The first installment shall be paid on the first state pay day following the effective date of the appointment. If the employee serves at any one campus in the same class or class series in excess of ten months out of the twelve months covered by the employee's assignment, payment for such excess service shall be at the monthly rate of one-tenth of the annual salary or the fractional equivalent thereof, in case of part-time service, adjusted for changes in salary rate and time base for the periods covered by such adjustments. Credit for vacation with pay accumulated during the ten-month period which the employee was unable to take because of assigned duties, may, at the discretion of the President, be paid at the monthly rate of one tenth of his or her regular annual salary adjusted for changes in salary rates. Pay for excess service and vacation shall be in addition to any salary due for service during the regular ten-month period, but the total pay for excess service and for accumulated vacation shall not exceed an amount equal to two-tenths of his or her regular salary.(e) Eleven-month Employees paid under an 11-12 Pay Plan. An eleven-month employee paid under an 11-12 pay plan, who completes all service required for the designated eleven-month period, shall for such service be paid his or her regular annual salary, adjusted for charges in salary rates and time base for the periods covered by such adjustments, in twelve consecutive installments payable on state pay days. The first installment shall be paid on the first state pay day following the effective date of the appointment. If the employee serves at any one campus in the same class or class series in excess of eleven months out of the twelve covered by the employee's assignment, payment for such excess service shall be at the monthly rate of one-eleventh of the annual salary or the fractional equivalent thereof, in case of part-time service, adjusted for changes in salary rate and time base for the periods covered by such adjustments. Credit for vacation with pay accumulated during the eleven-month period which the employee was unable to take because of assigned duties, may, at the discretion of the president, be paid at the monthly rate of one-eleventh of his or her regular annual salary adjusted for changes in salary rates. Pay for excess service and vacation shall be in addition to any salary due for service during the regular eleven-month period, but the total pay for excess service and for accumulated vacation shall not exceed an amount equal to one-eleventh of his or her regular salary.(f) Twelve-month Academic Employees and Other Employees. The pay plan for twelve-month academic employees and all employees other than those provided for in the foregoing provisions of this section shall be as follows:(1) Payment shall be made on the scheduled pay day for the service performed during the previous pay period, and(2) Payment shall be based on the employee's established monthly salary, per diem or hourly salary rate, adjusted for any changes in salary rates and time base for the periods covered by such adjustments.Cal. Code Regs. Tit. 5, § 42803
1. Amendment of subsection (c) filed 6-17-76; effective thirtieth day thereafter (Register 76, No. 25). For prior history, see Register 75, No. 25.
2. Amendment filed 6-27-78; designated effective 81-78 (Register 78, No. 26).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Amendment of subsections (b)-(d) filed 10-10-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 41).
5. New subsection (e) and subsection redesignation filed 6-29-94; operative 7-29-94 (Register 94, No. 26). Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
1. Amendment of subsection (c) filed 6-17-76; effective thirtieth day thereafter (Register 76, No. 25). For prior history, see Register 75, No. 25.
2. Amendment filed 6-27-78; designated effective 81-78 (Register 78, No. 26).
3. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
4. Amendment of subsections (b)-(d) filed 10-10-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 41).
5. New subsection (e) and subsection redesignation filed 6-29-94; operative 7-29-94 (Register 94, No. 26).