1. (a) Specifically, said compensation shall conform to the “group or class” requirements that apply to payrate and items of special compensation, as shown below:

   1. (1) Contained in a written labor agreement;
   2. (2) Part of normally-required duties;
   3. (3) Performed during normal hours of employment;
   4. (4) Paid periodically as earned;
   5. (5) Historically consistent with prior payments for the membership classifications; and
   6. (6) Not final settlement pay.

2. (b) For persons who become optional members before July 1, 1994 by virtue of their position as a “city attorney” or “assistant city attorney” the following standards shall also apply:

   1. (1) If compensation or compensation earnable (whether reported as payrate or special compensation) are set forth in a contract for legal services, then that contract shall be the equivalent of a written labor agreement.
   2. (2) Compensation and compensation earnable shall be limited to payment for work performed by the optional member in his or her individual capacity as the city attorney or assistant city attorney, and shall not include payment for work performed by other persons (e.g., partner, associate, consultant) in the office of city attorney or a law firm that provides the services of a city attorney.

Compensation and compensation earnable for members in the optional categories authorized in Section 20322 (referred to hereafter in this regulation as “optional members”), must be reported by contracting agency and school employers pursuant to the same statutory and regulatory requirements that apply to all other members.

Note: Authority cited: Sections 20120-20123, 20636 and 20636.1, Government Code. Reference: Sections 20322, 20630, 20636 and 20636.1, Government Code.

History

1. New section filed 9-22-99; operative 10-22-99 (Register 99, No. 39).

2. Change without regulatory effect amending Note filed 9-22-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 38).