Cal. Gov. Code § 31461.45 : CALIFORNIA GOVERNMENT CODE — GOVERNMENT OF COUNTIES — EMPLOYEES — RETIREMENT SYSTEMS — COUNTY EMPLOYEES RETIREMENT LAW OF 1937 — General — In county of first class compensation earnable includes remuneration specifically included in court-approved settlement

(a) This section applies only to a county of the first class, as defined by Section 28020.

(b) "Compensation earnable" in a county of the first class shall include only those items of remuneration specifically included as a result of the court-approved settlement in (1) the consolidated cases of Los Angeles County Professional Peace Officers' Association, et al. v. Board of Retirement, Los Angeles County Employees' Retirement Association (Los Angeles County Superior Court, Case No. BS 051355) and Milton Cohen v. Board of Retirement, Los Angeles County Employees' Retirement Association (Los Angeles County Superior Court, Case No. BS 051774), (2) the case of Los Angeles County Fire Department Association of Chiefs, et al. v. Board of Retirement, Los Angeles County Employees' Retirement Association, County of Los Angeles (Los Angeles County Superior Court, Case No. BS 057432), and (3) the case of Cecil Bugh v. Board of Retirement, Los Angeles County Employees' Retirement System (Los Angeles County Superior Court, Case No. BS 055611), all of which were included in Coordination Proceeding Special Title (Rule 1550(b)), Retirement Cases, Judicial Council Coordination Proceeding No. 4049, even if a final judicial determination in that coordinated case, or any subsequent case, should conclude that any additional item of remuneration must be included in that definition with respect to any other county. Those items of remuneration in addition to base salary and the pensionable portion, if any, of cafeteria plan contributions, are set forth in Resolution No. 01-001, adopted by the board of retirement on or before the effective date of this section and shall include only the following:

Earnings Code No.	Title
099	Patrol Station Retention Bonus
358	Temporary Promotion Bonus
359	Lifeguard Paramedic, Catalina
503	Uniform Allowance
504	Night Shift Differential
505	Coroner's Inquest Reporter
507	Cogeneration or Hydroelectric Ops and Mtce
508	Henninger Flats Watchman
509	Freezer Work
510	Department Head Merit
511	Board of Supervisors Performance Lump Sum
512	Fire Suppression Transportation Truck Driver
514	Backhoe Operator
516	Explosives Work
517	Evening Shift Differential
518	Power Equipment Repair, Snow Conditions
519	Engineering Employees, Hazard Pay
520	Home Care Compensation
522	Custodian Acting as Watchman
523	DPD Deputy Director Recruitment Incentive
525	Contracting and Productivity Improvement Incentive for Managers
528	WEBCOM Press Operator
529	Power Equipment Operator, Fire Suppression
530	RN Extra Weekends Worked
531	Standby
532	Additional Responsibilities or Exceptional Performance
533	Power Sweeper Operator in Emergency Conditions
534	Power Plant Relief Engineer
535	Clinic Physician, First Hour and One-Half
536	Consulting Specialist, MD, & Mental Health Consultant, MD, First and Fifth Hours
538	RN Assigned as Acting or Relief Charge Nurse
539	RN Weekend Differential
540	Relief Nurse Holiday Differential (Hourly Item)
541	Relief Nurse Weekend Differential (Hourly Item)
544	Appraisers Laundry and Dry Cleaning Allowance
545	Heavy Duty Tow Truck Driver
546	Slurry Seal Truck Driver
547	Lifeguard Paramedic-Shift
548	Lifeguard Paramedic-Hourly
550	Incentive Awards for Medi-Cal Reimbursements, Health Services
551	Group Incentive Award, Treasurer Tax Collector
553	Pioneer Excavation, Tunnel Operations, Fire Suppression and Snow Removal-Construction Inspection and Surveying Groups
554	Pioneer Excavation, Tunnel Operations, Fire Suppression and Snow Removal
555	Scaffold or Swing Stage, 30 Feet Above Grade
556	High Scale and Rigging Operations, General
557	Evening Shift, Med Tech
558	Night Shift, Med Tech
565	Paramedic Recertification Bonus
567	Deputy Sheriff Reserve Annual Compensation
570	Home Care Program Standby
571	CSW Licensure Supervision
572	MOU Lump Sum Bonus
601	Lifeguard Paramedic, Relief
602	Supervising Transportation Deputy Performing Dispatcher Duties
603	Automotive Service Excellence Certificates
604	RN Mobile Intensive Care Certification
605	Custodian Floor Waxing Bonus
606	Fire Equipment Mechanic Assigned Field Repair Duties
607	SDPO Assigned Acting Director In A Camp
608	Bilingual Bonus
609	RN Assigned to Emergency Room
610	Antelope Valley Firefighting Crew
611	Tree Trimmer Supervisor, Power Operations
612	Shooting Bonus, Expert
613	Shooting Bonus, Distinguished Expert
614	Shooting Bonus, Marksman
615	Shooting Bonus, Sharpshooter
616	Antelope Valley Quarters, On Fire Call
617	Clinic Nurse Assigned to Probation Camp
618	Transportation Bus Driver, Sheriff
619	Lifeguard Paramedic
620	San Gabriel Dam Operator
621	Nurse Retention Incentive
622	Advanced Appraiser Certification
623	Probation Transcriber Typist Production Incentive
624	Bilingual Additional Bonus Children's Social Workers
625	Agriculture Inspectors Assigned to Standardization
626	Firefighter Paramedic not Assigned to a Paramedic Post
628	Bilingual Bonus for Other Than Monthly Employees
629	Mortuary Attendant at LAC/USC MC
630	Safety Police Educational/Longevity Incentive
632	Mental Health Workers Assigned to Sheriff's Detention Facilities
634	Supervising Detention Services Officer of the Day
635	Transportation Deputy Bus Driver, Probation
636	Sheriff's Station Commander Expenses
637	Professional Development Expenses
638	Probation Telecom Equipment Bonus
639	Intern Housing Allowance LAC/USC Med. Center
640	Children's Services ERCP Retention
641	Shooting Bonus, Expert-Reserve
642	Shooting Bonus, Distinguished Expert-Reserve
643	Shooting Bonus, Marksman-Reserve
644	Shooting Bonus, Sharpshooter-Reserve
645	Welder Certification Bonus
782	FLSA Premium Pay for Regularly Scheduled Work Assignment
903	Non-Elective Leave Buyback
910	Sick Buyback
911	Vacation Buyback
912	Holiday Buyback
913	Sick Pre-71 Buyback
914	Sick Buyback-Probation 56 Hour
915	Vacation Buyback-56 Hour
930	Special Paid Leave Buyback
931	Appraisers Leave Buyback
932	Intern/Resident Leave Buyback
None	Emp Suggest
None	Park, Nontaxable
None	Park, Taxable
None	Prior Salary
None	Transportation Allowance
None	Traffic Mitigation

Any additional item of remuneration may subsequently be included in "compensation earnable" pursuant to a memorandum of understanding between a county of the first class and any of its recognized employee organizations or a resolution adopted by its board of supervisors.

(c) No item of remuneration included in "compensation earnable" as a result of the court-approved settlement and as set forth in the resolution described above in subdivision (b) may be removed therefrom as a result of any subsequent judicial determination, except that a county of the first class and a recognized employee organization may agree only through a memorandum of understanding to exclude the item of remuneration from "compensation earnable" or the board of supervisors may adopt a resolution excluding the item of remuneration from "compensation earnable" with respect to nonrepresented employees.

(d) This section shall not be operative in the county until the board of supervisors, by resolution adopted by a majority vote, makes the provisions of this section applicable in the county.

Ca. Gov. Code § 31461.45

Amended by Stats 2002 ch 664 (AB 3034),s 113, eff. 1/1/2003.

Added by Stats 2001 ch 778 (AB 399), s 1, eff. 10/12/2001.