Cal. Code Regs. Tit. 2, § 599.677 - Rate on Reappointment or Reinstatement After Permanent Separation

Re-entry into state service may be in the same or to another agency and by appointment from an employment list, by temporary appointment, or reinstatement.

Upon the determination of the appointing power that it is in the best interest of the state, a former employee who re-enters the service within the period of reinstatement or reemployment list eligibility or within three years after other permanent separations may, if not entitled thereto under Government Code sections 19141, 19253.5, 19997.9, 19997.12 and 19775.6, receive a salary above the minimum limit provided that if the reinstatement or appointment is:

(a) To the same class, the salary rate shall not exceed the rate in the salary range received at the time of separation adjusted for the salary range changes for the class since separation.

(b) To a different class with substantially the same salary range as that of the class from which separated, the salary rate shall not exceed the rate the employee could receive if reinstated or reappointed to the same class from which separated.

(c) To a different class with a lower salary range than the class from which separated, the employee may receive any rate in the salary range not to exceed the salary rate last received in the class from which separated, adjusted for the salary range changes of the latter class since the separation.

The rate in the salary range an employee receives on reappointment or reinstatement should be related to the employee's value to the state.

The Department may establish guides to be used in the application of this regulation.

Notes

Cal. Code Regs. Tit. 2, § 599.677

1. 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).

Note: Authority cited: Sections 18502, 19815.4(d) and 19826, Government Code. Reference: Sections 19141, 19253.5, 19775.6, 19829, 19836, 19997.9 and 19997.12, Government Code.

1. 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).