§ 24203.8
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/ca/education-code/24203-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)For purposes of determining the allowance payable to a member employed by a community college prior to July 1, 1996, full time shall be defined pursuant to Section 22138.5 and pursuant to Section 20521 of Title 5 of the California Code of Regulations, as those provisions read on June 30, 1996, if application of that definition will increase the allowance payable to the member.
(b)For purposes of administering this section, the board shall have the authority to do both of the following:
(1)Establish and implement factors and assumptions necessary to calculate and compare the benefits payable to an eligible member. Those factors and assumptions may be based on information reported by the employer, including, but not limited to, all of the following:
(A)Base hours.
(B)Actual earnings.
(C)Annualized pay rate.
(2)Review calculations that were performed using the factors and assumptions described in paragraph (1). If the board determines that an employer failed to identify part-time service performed, the board shall consider that part-time service to be performed in a part-time lecture assignment as defined by the employer. If the board determines that the required information reported by the employer is inaccurate, incomplete, or the factors and assumptions were applied incorrectly, the board may recalculate the allowance payable to a member using additional factors and assumptions that may include, but are not limited to, all of the following:
(A)Base hours.
(B)Actual earnings.
(C)Annualized pay rate.
(c)This section shall apply to a member employed by a community college prior to July 1, 1996, if the community college subsequently acts to reduce the minimum standard for full time as described in subdivision
(c)of Section 22138.5 for the class of employees, and that community college provides written notice to the system of the act of the community college to reduce that minimum standard.
(d)This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013.