1. (a) Subject to subdivision (b), special pay shall meet all of the following:

   1. (1) Paid in cash in accordance with a publicly available agreement.
   2. (2) Paid for being employed up to the full-time equivalent in a position subject to membership.
   3. (3) Paid for the same position subject to membership for which a member is paid salary.

   4. (4) Paid to all persons who are in the same class of employees, and not available in an alternative form that is subject to choice on an individual basis by an employee or an employer in one of the following ways:

      1. (A) In the same amount.
      2. (B) In the same percentage of salary.
      3. (C) In the same amount proportional to a member's basis of employment.
   5. (5) Not paid a limited number of times pursuant to Section 27602.

2. (b) “Special pay” is expressly limited to the following:

   1. (1) Education -- Compensation paid in addition to salary for completing or possessing educational credits or units, certificates, licenses, credentials, or degrees. This compensation must be paid to each person who is in the same class of employees who meets this criteria, or who meets a combination of this criteria and the criteria identified in paragraph (2).
   2. (2) Experience -- Compensation paid in addition to salary for being employed for a certain period of time within a class of employees, for an employer, or over a career, sometimes called career or service longevity. This compensation must be paid to each person who is in the same class of employees who meets this criteria, or who meets a combination of this criteria and the criteria identified in paragraph (1).
   3. (3) Classification -- Any other compensation paid in addition to salary where the qualification for receiving the compensation is belonging to the class of employees. No other criteria shall be used to identify or define this type of special pay.
3. (c) For special pay that is not scheduled to continue for the entire class of employees in the same amount or percentage, only the amount that is scheduled to continue qualifies as special pay. 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.
4. (d) If compensation is restructured into special pay, regardless of how it was paid previously, the compensation is special pay beginning on the effective date of the restructure.
5. (e) Compensation that does not meet the requirements of this section, does not meet the requirements of salary in Section 27400, 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.
6. (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 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 (d) 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).