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Confidential Employees
HEERA defines a "Confidential employee" as "any employee who is required to develop or present
management positions with respect to meeting and conferring or whose duties normally require access
to confidential information which contributes significantly to the develop of those management
positions." Positions usually are considered confidential if the employee:
- regularly types grievance responses and maintains the grievance files; or
- is directly involved with systemwide or campus meet and confer sessions, including
participating in management caucuses to evaluate information and determine the campus' position.
Confidential employees are not represented by an exclusive bargaining representative. (Reference
HEERA, under Government Code, §3562(d))
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Movement to or from a confidential designation must be made on a current or prospective
basis and administered in a manner that will allow the campus to process associated
documentation timely and in concert with the payroll cutoff date for the respective pay
period.
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Due to the potential adverse impact on salary and benefits, changes to or from a
confidential status cannot be retroactive. Exceptions to this general rule may be
applicable:
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if an employee is newly appointed to a confidential position and has never been on the
payroll, the effective date of the new appointment can be other than the first day of
the respective pay period;
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if an employee changes from one confidential position to another, the effective date of
change to the new confidential classification can be retroactive;
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if an employee is leaving a confidential position and moves to a Management Personnel
Plan (MPP) position, the effective date can be retroactive; if an employee is leaving
an MPP position and moves to a confidential position, the effective date can be
retroactive;
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if an employee is moving from a confidential position to another position that does not
have the same benefit levels, the effective date must be prospective (e.g., the
beginning of the following pay period) due to the possible adverse impact on benefits
such as vacation accrual rate and changes in benefit levels for various insurance
coverages.
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An employee that occupies a confidential position should be notified in advance that
benefits associated with the confidential status are applicable only during the time
in which s/he occupies the position. If the employee changes to a non-confidential
position, continued eligibility for the same level of benefits associated with the
confidential position may be discontinued.
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Pursuant to HEERA, campuses may not appoint an employee to a confidential position and
a bargaining unit (represented) position concurrently. If an employee occupies
multiple concurrent positions whereby one of them is confidential and the other
non-represented, the non-represented position should be MPP-related to stay in
accordance with HEERA.
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Any exceptions to these guidelines require prior approval from Systemwide Human
Resources.
For more information, please refer to the
Confidential Employees Human Resources Program Guidelines.
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Overpayment — Separated Employees
Pursuant to State Administrative Manual (SAM) Section 8593.3, state agencies are
required to request the State Controller's Office (SCO), Division of Personnel/Payroll
Services (PPSD) to flag its records to notify the agency if a separated employee
returns to state service whenever:
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A separated employee owes money to the state agency and after three months from the
date of separation, the agency is unable to collect the amount owed, and
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The employee separated under conditions that do not preclude his/her reentry to state
service.
Campuses should submit such requests via PPT document using a 215 Miscellaneous Change
or corrected Special Payment (A54C) transaction. (For special payment corrections, the
only position sequence on the database should consist of A54's and CSU Audits sets the
record out of service.) The document should be prepared as follows:
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Document Section
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Item #
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Via 215 Transaction
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Via A54 Transaction
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Transaction Code
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ITEM 205
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Enter 215 Transaction
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Enter A54C Transaction
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Effective Date
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ITEM 210
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Enter the date following the effective date of separation.
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Enter the effective date of the most current A54.
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Employment History Remarks
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ITEM 215
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Enter "A/R$9999.99"
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Enter "A/R$9999.99"
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If the employee is subsequently reemployed by another campus or a civil service agency,
SCO will notify the campus of the date the employee returns to state service, the name
of the employing agency, and the location of employment. Upon receipt of this
information, the campus will take appropriate actions to recover amounts owed and
submit a second 215 or A54C transaction to identify to CSU Audits that the accounts
receivable action has been cleared. The document should be prepared as follows:
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Document Section
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Item #
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Via 215 Transaction
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Via A54 Transaction
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Transaction Code
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ITEM 205
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Enter 215 Transaction
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Enter A54C Transaction
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Effective Date
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ITEM 210
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Enter the date following the effective date of the first 215 transaction.
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Enter the same effective date as the previous A54C.
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Employment History Remarks
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ITEM 215
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Enter A/R cleared date
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Enter A/R cleared date
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Red Circle Rate
A red circle rate is the employee’s salary rate that is over the salary range maximum of
a given classification or skill level. The red circle rate is granted when an employee
moves to a classification or skill level with a salary range maximum that is lower than
the employee’s current salary rate. The purpose of a red circle rate is to reduce the
adverse financial impact on the employee when the employee is moved to a classification
or skill level with a lower salary range. HR
2003-16 provides guidelines for establishing red circle rates.
Red Circle Rate, Item 815, is used when an employee is formally assigned to red
circle salary. Item 815 may also be used for "Plus Salary" approvals.
HR 1992-03 transferred authority to approve
payments above the maximum of a given salary range for non-management employees to
campus Presidents.
Payment over the maximum for Management Personnel Plan (MPP) Administrator IV
employees and Chancellor's Office employees require prior authorization from the
vice chancellor of human resources.
HR 1994-30 transferred authority to process
Red Circle Rate salaries to the campuses. An employee is moved to red circle status
by entering Item 815 on Line G of the Personnel/Payroll Transaction (PPT) document
when processing one of the following transaction codes:
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Trans Code
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Transaction Description
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A58
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Reinstatement
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A60
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Reassignment
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A63
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Reclassification
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A65
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Demotion
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The PPT document is completed in accordance with the required/conditional matrix for
the appropriate transaction, with the following notation:
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Data Item
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Description
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Action
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122
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Class Code
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Enter new class code
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311
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Salary Step
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Enter maximum salary rate/step of the new class code, if applicable
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330
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Anniversary Date
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Enter MAX
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719
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Detail Trans Code
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Enter "72" (refer to audit instructions for each applicable
transaction code).
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815
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Line G
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Enter the Red Circle Rate (Plus Salary amount) the employee is authorized to be
paid above the maximum of the new class code.
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820
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Assign Salary Rate
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Enter maximum salary rate of new class/range code.
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General Information:
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Service-based salary increases (SSI's) and performance increases (PSI's) are not
authorized when an employee is on red circle rate status.
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General salary increases (GSI's) are applied to the salary rates, steps and ranges
of class codes. The GSI transaction will be posted to the employee's employment
history database record to reflect the salary increases for the class code,
however, the employee will not receive a salary increase until such time that the
maximum salary rate for the current class code exceeds the total amount authorized
for the red circle rate. Pursuant to the faculty bargaining unit agreement, full
professors paid over the range maximum* have an exception in this instance.
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The State Controller's Office will remove an employee from red circle status at the
time a GSI meets or exceeds the total amount authorized for the red circle rate.
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Upon movement to a new class on red circle status, the employee's probationary
status should be reviewed for conformity to CSU policy or applicable collective
bargaining agreement.
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Overtime is paid based upon the "actual salary rate", which includes the red circle
rate amount.
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Non-compensable absences are computed at the hourly or daily equivalent of the
"actual salary rate" which includes the red circle amount.
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Item 719 must be entered on all transactions when an employee has a red circle or
plus salary rate, otherwise audit message 206-05 will be received.
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If the employee loses eligibility for red circle status because the authorization
has expired, process a 'CRO" transaction and delete Line G, Item 815. If the
employee loses eligibility for red circle status as a result of subsequent movement
between classes, process the appropriate PPT transaction and delete Line G, Item
815. After Item 815, add Item 820, review and make appropriate changes.
* Full Professors Paid Over the Range Maximum:
Pursuant to Article 31 of the Faculty bargaining unit agreement, instructional
faculty employees at the "full professor" rank may be paid at a salary rate that
exceeds the range maximum in their respective classification. They may exceed the
maximum as a new hire, promotion or as a result of a salary increase allowed by the
faculty contract. Rehired annuitants may exceed the maximum only if their salary at
the time of retirement exceeded the maximum. In the case of a reassignment (A60),
the maximum can be exceeded only if the position before was a full professor paid
above the maximum.
Full professors paid over the range maximum are eligible to receive general salary
increases (GSI's) and performance-based salary increases (PSI's). This provision
only applies to faculty in range code 5 of designated Faculty classifications. For
more information and a listing of authorized class codes, refer to the
Salary Program Information and
Processing Instructions for Unit 3.
The PPT document is completed in accordance with the required/conditional matrix for
the "CRO" transaction, with the following notation:
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Data Item
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Description
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Action
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330
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Anniversary Date
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Enter MAX
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719
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Detail Trans Code
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Enter "72" (refer to audit instructions for each applicable
transaction code).
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815
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Line G
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Enter the Plus Salary amount the employee is authorized to be paid above the range
maximum.
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820
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Line G
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Enter maximum salary rate of class/range code.
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958
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Final Salary Anniversary
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Enter MAX
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Requirements for Placing Lecturers on Sabbatical or Difference-in-Pay Leaves
Pursuant to the bargaining unit agreement, a faculty unit employee shall render service
to the CSU upon return from a sabbatical or difference-in-pay leave at the rate of one
(1) term of service for each term of leave. For eligible Lecturers granted a paid leave
for Sabbatical or Difference-in-Pay, the length of appointment on the PIMS data base at
the time the leave commences must at minimum, be sufficient in length to cover the
period of the leave and the return service obligation.
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Example:
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One semester leave
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= an appointment length of at least one year
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One quarter leave
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= an appointment length of at least two quarters
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One year leave
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= an appointment length of at least two years
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Sabbatical Leave, Difference-in-Pay, Special Research/Creative Activity Leave
Forfeiture
Pursuant to a bargaining unit agreement, faculty unit employees meeting certain
eligibility requirements may take a paid Sabbatical, Difference-In-Pay and/or Special
Research/Creative Activity leave. Such paid leave shall not be granted until the
applicant has filed with the respective campus President, a suitable bond or an
accepted statement of assets and/or a promissory note. The purpose of the bond,
statement of assets and/or promissory note is to indemnify the State of California
against loss in the event the employee fails to render the required return service in
the CSU following completion of the leave.
The amount of the bond, statement of assets and/or promissory note must at least be
equal to the amount of salary, projected to include salary increases and including
State share amounts for benefits, that will be paid to the employee during the
period of leave. The obligation, however, shall be exonerated if the failure to
complete the requisite return service is through no fault of the employee (e.g., death,
disability, layoff), or by waiver through mutual consent of the California State
University and the faculty member.
Whether the employee posted a bond or filed a statement of assets and/or promissory
note, the repayment shall be recovered in a single sum. If a bond was posted and the
employee refuses repayment, the campus shall file the necessary claim with the bonding
company. Campus staff must consult with their assigned campus attorney to assist them
in drafting any correspondence to the employee requesting payment.
Collection and Documentation Procedures:
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Sabbatical Leave forfeitures are not processed through the state payroll system.
Campuses should not attempt to establish an accounts receivable through the payroll
system or otherwise attempt to delete or void the leave action from the employment
history database. The individual's employment and payroll record for the leave period
must remain in tact.
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Monthly Compendium Report A15 (PDC0310-2), Leave of Absence Expiration Report, is
available on CIRS to assist campuses in monitoring leaves of absences. During the month
that the Sabbatical, Difference-in-Pay, or Special Research/Creative Activity leave
will expire, the campus should access the State Controller's Office (SCO) Pay History
file to obtain the individual's payment history, including state share amounts. A print
out of the pay history data should be retained until the employee has completed the
return service obligation.
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If pay history records are not available to the campus, individuals on file with the
SCO with the authority to obtain pay history information for their respective campus
must contact the SCO to obtain wage detail information, including mandatory and
voluntary deductions and state share amounts for the affected employee. The campus must
provide the employee's name, social security number and affected pay periods. The
request should be sent to:
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Attention: W-2 Unit
Personnel/Payroll Services Division
State Controller's Office
300 Capital Mall
Sacramento, CA 95814
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The State does not accept installment or progress payments. The repayment must be
recovered and remitted to the State in a single sum. Campuses who accept installment or
progress payments from the employee must hold them until the full amount is recovered
before remitting it to the State.
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When the total amount is collected from the employee or the bonding company, the funds
are deposited in the campus "CASH RECEIVED" account and sent to the State Treasurer via
Remittance Advice Form CA21. The funds are then credited by the Controller to the
appropriation(s) from which the salary was originally paid. Forfeitures should not be
remitted via STD995A because it offsets the employee's current year wages.
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Separation/Disposition of Contributions from California Public Employees' Retirement
System (CalPERS)
Employees who permanently separate from CalPERS-covered employment and have
contributions on deposit may leave the funds on deposit or elect to refund or roll-over
their funds by completing a Separation/Disposition of CalPERS Contributions document (Std.
Form 687). Information provided on this form is used by the State Controller's Office
(SCO) and the Public Employee's Retirement System (CalPERS) for the purposes of
identification and processing retirement contributions. Failure to provide accurate
information may result in an inaccurate determination of credit for State service,
payroll calculations and retirement and/or health contributions. Additional information
can be obtained at the
CalPERS Web site.
General Information:
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Trade Rates (Casual Employment)
Individuals hired under "Trade Rate" authority are referred for campus employment by a
local craft or trade union to perform a specific task of a temporary nature.
HR 2000-18 delegated authority to the campuses to authorize
wage and benefit rates within the guidelines established by the Chancellor's Office.
Wage and benefit payment determinations are made in accordance with general prevailing
wage rates established by the Department of Industrial Relations, Division of Labor
Statistics and Research. Campuses hiring casual employment workers must abide by the
general prevailing rates established for their respective county.
Trade rate classifications are located in the Excluded (E99) section of the CSU Salary
Schedule. Trade rate employees are ineligible for retirement, vacation, sick leave,
holiday, and other benefits provided to employees of the CSU. Wage and benefit
determinations authorized by the Department of Industrial Relations typically include
allocations for Health and Welfare, Pension, Vacation and Holiday benefits. Separate
benefit payments are usually made on behalf of the employee to a benefit trust fund.
Reimbursement for authorized travel and per diem is processed on a travel expense
claim.
For appointment and payroll processing guidelines, refer to HR
2000-18, Attachment A, and the State Controller's Office
Payroll Procedures Manual,
Sections G700 and H610.
Last updated: July 21, 2005
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