Cal. Code Regs. tit. 2, § 599.752.3 – Lump-Sum and Partial Salary Payments -- Board and Commission Members.

(a) This subsection shall apply to employees paid pursuant to section 599.612(a).
1. (1) Upon separation from service an employee accruing paid leave under section 599.752.1(a) of these regulations is entitled to a lump-sum payment for any unused annual leave or vacation accumulated. The computation of the sum shall be based on actual accumulated time on the date of separation.
2. (2) The employee may annually elect to be paid at their regular rate of pay for unused annual leave or vacation credits subject to the provisions of section 599.744 of these regulations.
3. (3) An employee separating from service shall receive lump-sum payment of their accumulated annual leave, vacation, and personal leave credits based on monthly employment as defined in section 599.669(a) of these regulations.
4. (4) Partial month salary payments shall be calculated based on monthly employment as defined in section 599.669(a) of these regulations.
5. (5) Lump-sum payment for unused annual leave, vacation, or personal leave credits earned by the employee in civil service and/or exempt positions prior to appointment as a board or commission member shall be at the regular rate of pay for the position and classification in which paid leave was last earned prior to appointment to the board or commission.
(b) This subsection shall apply to employees paid pursuant to section 599.612(b).
1. (1) Upon separation from service an employee accruing paid leave under section 599.752.1(b) of these regulations is entitled to a lump-sum payment for any unused annual leave or vacation accumulated. The computation of the sum shall be based on actual accumulated time on the date of separation.
2. (2) The employee may annually elect to be paid at their regular rate of pay for unused annual leave or vacation credits subject to the provisions of section 599.744 of these regulations.
3. (3) An employee separating from service shall receive lump-sum payment of their accumulated annual leave, vacation, and personal leave credits based on biweekly employment as defined in section 599.669(b) of these regulations.
4. (4) Partial salary payments shall be calculated based on biweekly employment as defined in section 599.669(b) of these regulations.
5. (5) Lump-sum payment for unused annual leave, vacation, or personal leave credits earned by the employee in civil service and/or exempt positions prior to appointment as a board or commission member shall be at the regular rate of pay for the position and classification in which paid leave was last earned prior to appointment to the board or commission.

Note: Authority cited: Sections 3517.8, 18502, 19815.4(d), 19849.13 and 19849.16, Government Code. Reference: Sections 19824, 19849.13 and 19849.16, Government Code.

History

1. New section filed by the Department of Personnel Administration with the Secretary of State on 12-28-90, effective on filing; operative 7-2-91 pursuant to Department of Personnel Administration. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 91, No. 7).

2. Amendment of section submitted to OAL for printing only pursuant to Government Code section 3539.5; operative 7-2-91 (Register 91, No. 43).

3. New subsection (c) filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 94, No. 4).

4. New subsection (d) filed 6-30-94; operative 7-1-94. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 94, No. 26).

5. Amendment of subsection (c) filed 3-30-95; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 3559.5 (Register 95, No. 13).

6. Amendment of section heading and subsection (c), new subsection (d), subsection relettering, and amendment of newly designated subsection (e) filed 3-2-99; operative 3-2-99. Submitted to OAL for printing only (Register 99, No. 10). At the request of DPA pursuant to Government Code section 3539.5, OAL is directing the printing of this regulation in the CCR. Title 1, CCR, section 6(b)(2)(F)1 defines “print only” regulations as “regulations adopted pursuant to the requirements of the APA, but which are expressly exempted by statute from OAL review ...” (Emphasis added.) In complying with DPA's request, OAL makes no determination concerning whether or not DPA has met the statutory requirements for adoption of regulations set forth in Government Code sections 11346-11347.3, including but not limited to public notice and comment. See 1998 OAL Determination No. 40 (Department of Personnel Administration, 96-008, December 9, 1998), California Regulatory Notice Register 99, No. 3-Z, January 15, 1999, p. 139, at p. 145; typewritten version, p. 18.

7. Editorial correction of History 6 (Register 99, No. 16).

8. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

9. Amendment of section and Note filed 9-8-2025; operative 9-8-2025 pursuant to Government Code section 3539.5(b). This action was submitted to OAL for filing and printing only and is exempt from OAL review and approval pursuant to Government Code section 3539.5(b) (Register 2025, No. 37).