Government Code § 21224 - California Law

Current Version

Amended by Stats. 2024, Ch. 992, Sec. 3. (SB 1379) Effective September 29, 2024. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec 4 of Stats. 2024, Ch. 992.

(a)A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system upon appointment by the appointing power of a state agency or public agency employer either during an emergency to prevent stoppage of public business or because the retired person has specialized skills needed in performing work of limited duration. These appointments shall not exceed a combined total of 960 hours for all employers each fiscal year. The compensation for the appointment shall not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule divided by 173.333 to equal an hourly rate. A retired person appointed pursuant

to this section shall not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate. A retired person appointed pursuant to this section shall not work more than 960 hours each fiscal year, regardless of whether the retired person works for one or more employers.

(b)(1) This section shall not apply to any retired person otherwise eligible if during the 12-month period prior to an appointment described in this section the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with the same employer.

(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision

shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. The retired person shall not be subject to Section 21202 or subdivision (b) of Section 21220.

(c)The 960-hour limit set forth in subdivision (a) shall not apply to hours worked in an appointment by the Solano County Sheriff’s Office to perform a function or functions regularly performed by a deputy sheriff, evidence technician, or communications operator provided the Solano County Board of Supervisors certifies, by resolution at a public meeting, that

appointment satisfies the following conditions:

(1)The retired person has undergone and passed a preemployment background investigation.

(2)The retired person is not subject to decertification or under investigation for decertification by the Commission on Peace Officer Standards and Training.

(3)The County of Solano has posted a position for recruitment of an active member for not less than six continuous months to perform the same function or functions to be performed by the

retired person, prior to appointing

the retired person to perform the function or functions and no qualified applicant either applied to the position or was available for hire.

(4)Notwithstanding the rate of pay described in subdivision

(d), the rate of pay for the retired person shall not exceed the average rate of pay of all positions in the same class of the position as filled by active

members, divided by 173.333 to equal an hourly rate.

(5)Subject to the limitation in paragraph (4), the compensation upon appointment of the retired person shall not exceed the higher of either the retired person’s last monthly base salary paid as an active member or the

monthly base salary at the entry step on the publicly available pay schedule for the class. However, the retired person shall be eligible for reasonable and regular adjustments to the base salary that apply generally to positions in the same class, if the rate of pay after the adjustment meets the requirement in paragraph (4).

(6)The appointment may not be placed on a consent calendar.

(7)The maximum aggregate number of appointments made pursuant to this subdivision and subdivision (j) of Section 7522.56 shall not exceed 20.

(8)Pay a fee to the system in the amount of two hundred dollars ($200) for each month the retired person worked.

(d)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Future Version

Repealed (in Sec. 3) and added by Stats. 2024, Ch. 992, Sec. 4. (SB 1379) Effective September 29, 2024. Operative January 1, 2027, by its own provisions.

section shall not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate. A retired person appointed pursuant to this section shall not work more than 960 hours each fiscal year regardless of whether the retired person works for one or more employers.

(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision

(c)This section shall become operative on January 1, 2027.