1. (a) As prescribed in this regulation, state agencies may award bonuses to employees who have been designated managerial pursuant to Government Code section 18801.1 in lieu of considering them for awards under the Merit Award Board superior accomplishment award programs. With the approval of the Department, agencies that have civil service managers in the bonus program may also include exempt appointees who perform similar managerial duties. Employees shall receive these awards based on the level of their job performance, as ascertained through the Managerial Performance Appraisal System (MPAS) described in section 599.796.1 of these regulations.
2. (b) Unless otherwise approved by the Department, bonuses shall be awarded by October 1 of each year for job performance during the fiscal year ending on the preceding June 30.

3. (c) To be eligible to participate in the bonus program, an employee must have at least 180 calendar days during the performance rating year during which he or she:

   1. (1) was appointed to one or more managerial or approved exempt positions; and,
   2. (2) performed managerial duties covered by one or more MPAS work plans. Unless otherwise approved by the Department, a state agency electing to participate in the bonus program shall include all of its eligible managers in the program.

4. (d) For state agencies with ten or more eligible managers, the bonus program is funded at the rate of $500 per eligible manager. Bonuses shall range from a minimum of $1,250 to a maximum of $5,000.

   State agencies with fewer than ten participating managers shall follow the schedule below

   Number of Eligible Managers

   Bonus Fund

   Number of Bonuses

   Minimum Bonus Size

   1

   2,500

   1

   750

   2

   2,500

   2

   750

   3

   2,500

   3

   750

   4

   2,500

   3

   750

   5

   2,500

   3

   750

   6

   3,000

   3

   1,000

   7

   3,500

   3

   1,000

   8

   4,000

   3

   1,250

   9

   4,500

   3

   1,250

5. (e) Bonuses paid as a result of outstanding performance as documented in any statewide appraisal system for employees designated managerial pursuant to Government Code section 18801.1 will not be considered compensation for the purpose of contributions to retirement.
6. (f) Bonus awards may be appealed to the eligible employee's appointing power or his/her designee within 30 days of the award date. Denials of these appeals may be appealed to the Department only on the basis of fraud. These appeals must be submitted within 30 days of their denial by the appointing power.

The managerial bonus program prescribed below is suspended for the 1990-1991, 1991-1992, 1992-1993, 1993-1994, and 1994-1995 fiscal years for agencies that award bonuses on a fiscal year basis and for the 1991, 1992, 1993, 1994, and 1995 calendar years for agencies that award bonuses on a calendar year basis. No bonuses shall be paid based on managerial performance occurring during these years, or in any subsequent years as authorized by the Department. For other years, the managerial bonus program is governed as follows:

Note: Authority cited: Sections 3539.5 and 20636(g)(6)(B), Government Code. Reference: Sections 3539.5, 19829 and 20636(g)(6)(B), Government Code.

History

1. New section filed by Department of Personnel Administration with the Secretary of State on 1-31-86; effective upon filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 86, No. 7).

2. Amendment filed by Department of Personnel Administration with the Secretary of State on 4-4-86; effective upon filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 86 No. 19).

3. Amendment filed by Department of Personnel Administration with the Secretary of State on 6-3-88; operative 6-3-88. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 25).

4. Amendment of section filed 6-17-91; operative 6-17-91. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 91, No. 43).

5. Amendment of first paragraph filed 6-16-92 with Secretary of State by Department of Personnel Administration; operative 6-16-92. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 92, No. 25).

6. Amendment of first paragraph filed 3-30-94; operative 3-30-94. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 94, No. 13).

7. Amendment of first paragraph and subsections (d)-(f) filed 5-4-95; operative 7-1-95. Submitted to OAL for printing only pursuant to Government Code section 3559.5 (Register 95, No. 18).

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).