1. (a) Salary shall meet all of the following:

   1. (1) Paid in cash by an employer to an employee in accordance with a publicly available pay schedule.
   2. (2) Paid for being employed up to the full-time equivalent in a position subject to membership.
   3. (3) Paid to all persons who are in the same class of employees who meet the education and experience requirements specified within that publicly available pay schedule. No other requirements shall be considered for determining whether salary is paid to all persons who are in the same class of employees, except when a public school employer and the exclusive representative negotiate and mutually agree to a publicly available pay schedule based on other requirements.

   4. (4) Paid in an amount that is proportional to the annualized pay rate established for the position pursuant to Section 22104.8 of the Education Code.

      1. (A) The publicly available pay schedule has been negotiated to a lower annualized pay rate.
      2. (B) The position has been reclassified to a different position subject to membership or class of employees that has a lower annualized pay rate.
      3. (C) The employee moves to a different position subject to membership or class of employees that has a lower annualized pay rate.

      (b)(1) Salary shall be based on the lesser annualized pay rate paid to the entire class of employees if compensation is paid using the practice of continuing an employee's salary at a higher annualized pay rate when any of the following exist:

   5. (2) Any excess amount not paid to the entire class of employees is deemed supplemental pay pursuant to paragraph (2) of subdivision (a) of Section 22119.3 of the Education Code.
2. (c) If compensation is restructured into salary, regardless of how it was paid previously, the compensation will be considered salary beginning on the effective date of the restructure.
3. (d) Salary includes amounts deducted from salary at the discretion of the employee.
4. (e) Compensation that does not meet the requirements of this section, does not meet the requirements of special pay in Section 27401, and is not expressly prohibited pursuant to subdivision (c) of Section 22119.3 of the Education Code is supplemental pay pursuant to paragraph (2) of subdivision (a) of Section 22119.3 of the Education Code.
5. (f) This section shall become operative on July 1, 2027.

Note: Authority cited: Sections 22112.5, 22119.3, 22207, 22213, 22214, 22215, 22305, 22324.5 and 22458, Education Code. Reference: Section 22119.3, Education Code.

History

1. New article 3 (sections 27400-27401) and section filed 11-18-2014; operative 1-1-2015 (Register 2014, No. 47).

2. Amendment filed 8-22-2017; operative 10-1-2017 (Register 2017, No. 34).

3. New subsection (e) filed 4-20-2026; operative 7-1-2026 (Register 2026, No. 17).

4. Repealer and new section filed 4-20-2026; operative 7-1-2027 (Register 2026, No. 17).