California Government Code

§ 31461

GOV § 31461 Effective Jan 1, 2025Div. 4 · Title 3 · Part 3 · Ch. 3 · Art. 1

Statute text

(a)(1) “Compensation earnable” by a member means the average compensation as determined by the board, for the period under consideration upon the basis of the average number of days ordinarily worked by persons in the same grade or class of positions during the period, and at the same rate of pay. The computation for any absence shall be based on the compensation of the position held by the member at the beginning of the absence. Compensation, as defined in Section 31460, that has been deferred shall be deemed “compensation earnable” when earned, rather than when paid.

(2)(A) To the extent a retirement system has not defined “grade,” it may define “grade,” as described in paragraph (1), to mean a number of employees considered together because they share similarities in job duties, schedules, unit recruitment requirements, work location, collective bargaining unit, or other logical work-related group or class. A single employee shall not constitute a group or class.

(B)Subparagraph (A) shall not be operative in any county until the board of supervisors of that county, by resolution adopted by majority vote, makes that subparagraph applicable in the county. Nothing in subparagraph (A) shall change the holding in Alameda County Deputy Sheriff’s Association v. Alameda County Employees’ Retirement Association (2020) 9 Cal.5th 1032, and to the extent that there is any conflict between this section and the holding in that case, the latter shall prevail.

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Legislative history

Amended by Stats. 2024, Ch. 824, Sec. 1. (AB 2284) Effective January 1, 2025.