Cal. Code Regs. Tit. 2, § 572 Employees Not In a Group Or Class of Employment

• Library: California Code of Regulations
• Edition: 2023
• Currency: Current through Register 2023 Notice Reg. No. 52, December 29, 2023
• Citation: Cal. Code Regs. Tit. 2, § 572
• Year: 2023

An employee who is not in a "group or class of employment" within the meaning of the Public Employees' Retirement Law, may request an exception from the "average increase" procedure set forth in Sections California Government Codeundefined20636 and California Government Codeundefined20636.1. The local employer may request this exception on the employees behalf.

The request must be submitted in writing, no later than 30 days after the employee first received PERS' estimate of benefits payable. If the estimate is mailed, the 30-day deadline is thirty-five calendar days after the postmark date. The request must be submitted to the:

CUSTOMER ACCOUNT SERVICES DIVISION

PUBLIC EMPLOYEES' RETIREMENT SYSTEM

P.O. BOX 942704

SACRAMENTO, CA 94229-2704

PERS will acknowledge the request in writing, within 15 calendar days of its receipt. PERS will grant or deny the request, and specify its reasons in writing, within 45 days from the date of acknowledgement. PERS' decision to grant or deny the request will be based on a comparison between increased compensation earnable, as reported for the employee during his or her period of final compensation and compensation earnable reported for the group or class of employees in his or her same membership classification.

PERS will review the full history of payroll reporting for the employee, and all relevant payroll reporting for the membership classification, as to both payrate and special compensation. In no case will an exception be granted if PERS determines that the comparative increase in compensation earnable by the employee fails to conform with the following standards set forth in subsections (a) and (b) below as well as other applicable provisions of the law.

(a) If reported in payrate, the increased compensation must be:

(1) Contained in a written labor agreement;

(2) Part of normally-required duties;

(3) Performed during normal hours of employment;

(4) Paid periodically as earned;

(5) Historically consistent with prior payments for the membership classification; and

(6) Not final settlement pay.

(b) If reported in special compensation, the increased compensation must be:

(1) Contained in a written labor agreement;

(2) Part of normally-required duties;

(3)...