Education Code § 22104.8 - California Law

Current Version

Amended by Stats. 2024, Ch. 690, Sec. 1. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions. See later operative version, as amended by Sec. 1 of Stats. 2025, Ch. 239.

(a)“Annualized pay rate” means the salary or wages, as described in Section 22119.2 or 22119.3, a person could earn during a school term for an assignment if creditable service were performed for that assignment on a full-time basis.

(b)If creditable service is not performed on a full-time basis because a member is performing those activities pursuant to subdivision (d) of Section 22119.5, the annualized pay rate shall be determined as if the salary or wages have been earned at the lowest annualized pay rate of other creditable service activities performed by the member for the same employer during the same school year.

(c)(1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.

(2)This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027.

Future Version

Amended (as added by Stats. 2024, Ch. 690, Sec. 2) by Stats. 2025, Ch. 239, Sec. 1. (SB 853) Effective January 1, 2026. Conditionally operative as prescribed by its own provisions.

(a)“Annualized pay rate” means the salary, as described in Section 22119.3, a person could earn during a school term in each position subject to membership if creditable service were performed for that position on a full-time basis.

(b)The annualized pay rate shall be determined pursuant to the publicly available pay schedule by using either of the following methods:

(1)Explicitly itemized as a single amount, either separately or within a table.

(2)Derived from an explicit hourly or daily rate multiplied by the total hours or days required in order to be

employed in the position subject to membership on a full-time basis pursuant to Section 22138.5. If the total hours or days required to be employed on a full-time basis is not established, the number of hours or days shall be the minimum standard described in Section 22138.5.

(c)If no annualized pay rate exists pursuant to subdivision (b) for a position subject to membership, all compensation earned in that position shall be deemed “supplemental pay” pursuant to paragraph (2) of subdivision (a) of Section 22119.3.

(d)This definition of “annualized pay rate” is consistent with subdivision (e) of Section 22115.

(e)(1) The board shall determine a date based on when the system has the capacity to

implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027.

(2)This section shall become operative on the date determined by the board pursuant to paragraph (1).