Final Compensation Policy

Post

PURPOSE

The purpose of this policy is to establish standards and procedures for an assessment of the final compensation of a retiring member that will be used to calculate that member’s retirement allowance.

POLICY

At retirement, members are entitled to a calculation of their final compensation as part of determining their monthly retirement allowance. In making this calculation, SCERS staff is authorized to review the member’s payroll activity and associated pay elements during their employment and make a determination regarding retirement-eligible compensation in a manner consistent with applicable law.

STANDARDS AND PROCEDURES

  1. Retirement-Eligible Compensation
    A summary of compensation or pay elements that are included in and excluded from final compensation is provided in the Appendix to this policy. For consideration under this policy, compensation and pay elements must be included in an employer’s publicly available pay schedules, labor agreements, or governing body resolutions.
  2. Review of Proposed Additional or New Compensation or Pay Elements
    Employers or authorized employee representatives are encouraged to submit to SCERS’ Chief Executive Officer (CEO) for review any proposed additional or new compensation or pay elements intended to form the basis for retirement-eligible compensation determinations at least thirty (30) days prior to implementation. Upon receipt of all necessary supporting documentation to complete SCERS’ review, in accordance with applicable law, the CEO will issue an Administrative Decision pursuant to SCERS’ Administrative Appeals Policy.
  3. Staff Review, Assessment and Determination of Retirement-Eligible Compensation

    a. Upon receipt of a member’s application for retirement, SCERS staff will review payroll activity and associated pay elements to identify any items that may have been paid or manipulated to enhance a member’s retirement benefit utilizing the following non-exclusive criteria:

    i. whether there was a substantial increase in final average compensation compared to prior years;
    ii. whether there was an increase due to payments unavailable or not provided to similarly situated employees of the member’s employer;
    iii. whether there was an increase due to a conversion to a case payment of a benefit previously provided in-kind to the member or paid to a third party on the member’s behalf;
    iv. whether there was an inconsistent use of special pay items at or near the end of the member’s career;
    v. whether there was use of a special pay item for a job classification or grade that includes only one employee (“class-of-one” pay items);
    vi. whether there was an increase due to any significant change in the member’s elements of compensation; or
    vii. any other factor that may be relevant to staff’s determination.

    SCERS may request additional information from the member, the employer, or both in order to assist its review, assessment and determination.

    b. If SCERS initially determines there is evidence that compensation or pay elements may have been 
    paid or manipulated to enhance a member’s retirement benefit, the member and the employer will be notified and given the opportunity to submit additional information to rebut the assessment within fifteen (15) days of the notice. SCERS staff will re-assess the determination within fifteen (15) days of receipt of any such additional information from the member or employer. The CEO may extend these timeframes upon request.

    c. Following any review, assessment or re-assessment, and final SCERS staff determination regarding 
    payroll activity and associated pay elements to identify any items that may have been paid or 
    manipulated to enhance a member’s retirement benefit:

    i. if staff concludes that compensation or pay elements were paid or manipulated to enhance a member’s retirement benefit, notice will be provided to the member and the employer, and the member may appeal the determination to SCERS’ Chief Benefits Officer as an Administrative Decision pursuant to SCERS’ Administrative Appeals Policy; or

    ii. if staff concludes that compensation or pay elements were not paid or manipulated to enhance a member’s retirement benefit, notice will be provided to the member and the employer, and the compensation or pay elements will be included in the member’s benefit calculation.

    d. To avoid delay in the payment of the member’s retirement benefit, in all cases where review, assessment and determination of retirement-eligible compensation is undertaken pursuant to this policy, SCERS staff will calculate the retirement benefit without the compensation or pay element under scrutiny and place the member on retiree payroll as soon and so long as all other necessary documents are received by SCERS. Upon final resolution of the review, assessment and determination procedure (including any administrative appeals and/or court actions), if benefit payments are adjusted to include compensation or pay elements that were initially excluded from the member’s benefit calculation, the member will be made whole retroactively for any unpaid retirement benefits. 

    e. Members retiring from a reciprocal retirement system shall also be subject to this review process.    Staff shall review for and exclude impermissible pay elements even if paid by an employer of a reciprocal retirement system and accepted by such reciprocal system.

APPENDIX

Categories and descriptions of included and excluded compensation and pay elements.

AUTHORITY

California Government Code Sections 7522.32, 7522.34
California Government Code Sections 31541.2, 31542, 31461, 31462, 31462.1

RESPONSIBILITIES

Executive Owner: Chief Benefits Officer

POLICY HISTORY

DATE

DESCRIPTION

08/20/2025 Board approved amendments conforming to Board Order of
May 21, 2025
05/21/2025 Board reviewed discussion draft
10/21/2020 Board approved amendments conforming to Board Order of
September 16, 2020
10/17/2018 Board approved policy in revised format
2017 Calendar
Year
Member Handbook for Members Hired Before January 1, 2013,
Appendix A: Summary of Pension–Eligible Pay Elements
2017 Calendar
Year
Member Handbook for Members Hired Before January 1, 2013,
p. 41: Final Compensation Review
2015 Calendar
Year
Updated Memo re “CalPEPRA and Final Compensation Review
at SCERS”
08/19/2015 Board Materials for Agenda Item 17: Memo re “Proposed
Amendment to the Final Compensation Review Process
Mandated by CalPEPRA”
02/20/2013 Board Materials for Agenda Item 16: Memo re “Review of Final
Compensation Pay Elements”
12/19/2012 Board Materials for Agenda Item 14: Memo re “Implementation
of AB 340 and AB 197”

SCERS Policy No. 024

Final Compensation Policy: Appendix

Categories and descriptions of included and excluded compensation and pay elements

Category Description Included?
Base Pay Compensation for services worked within normal
working hours.
Yes
Leave usage Paid leave for authorized absence from work,
including vacation, sick, compensating time off (CTO),
holiday-in-lieu, management leave, and administrative
time off.
Yes
Disability Pay -
Leave Balance
Integration
Compensation for leave balances that are integrated
with state disability.
Yes
Workers’
Compensation
Benefits
Compensation for workers’ compensation benefits
that are integrated with existing leave balances. This
also includes “4850 Time,” which is paid for up to one
year in lieu of temporary disability for Safety
personnel in accordance with Labor Code Section
4850.
Yes
Overtime Overtime compensation, allowances for services
worked in excess of normal working hours, and the
portion of differentials, allowances, or other incentives
that include overtime, CTO-expired, and CTO-over-max.
No
7/12 Schedules
(81st-84th hours)
Compensation paid for “7/12″ work schedules (Seven,
12-hour shifts, or 84 hours, per bi-weekly period).
Yes, for Legacy
Tiers and
PEPRA Safety
Tiers (for those
members in
active fire
protection or
active law
enforcement)
Only
24-Hour Shift
Schedules
Compensation paid for contractual overtime to
firefighters who work 24-hour shift schedules.
Yes, for Safety
Tiers Only
Differentials,
Special Pays, and
Other Allowances
Additional compensation applied uniformly across the
class or group. This includes compensation for
performing work considered to be out of or in addition
to the class, shift differentials, possession of
educational degrees or professional certifications,
assignment differentials paid as a percentage of base
pay or flat rate, longevity pay, auto allowances, and
clothing and equipment allowances. Note: This does
not include animal allowances paid as compensation
for services outside of normal working hours.
Yes, for Legacy
Tiers Only
Leave payouts -
active employment
Leave balances that are paid out as compensation
pursuant to labor agreement or employer policy. This
includes vacation paid over the maximum accrual,
vacation cash-in, holiday-in-lieu cash-in over the
maximum accrual, and management leave cash-out.
Note: Payouts cannot exceed the maximum permitted
in a single calendar year (or fiscal year, as applicable)
under labor agreement or employer policy, resulting
from a designated final compensation period that
straddles two calendar years (or fiscal years, as
applicable).
Yes, for Legacy
Tiers Only
Leave payouts -
terminal pay
Accumulated leave balances converted to
compensation and paid to an employee upon
separation from employment. This includes vacation,
holiday in lieu, CTO, and other leave payouts.
No
Standby Pay/On
Call Pay
Compensation paid to employees assigned to remain
on call or on “standby” outside of normal working
hours if the need arises for emergency work.
No
One-time payments Additional compensation provided in labor
agreements or employer policy, applied uniformly to
all members of the class, including bonuses, and
recruitment and retention pay.
Yes, for Legacy
Tiers Only
Insurance
Subsidy/Health
Waiver
Cash payment of the amount of the employer
contribution towards health insurance over the
premium amount. Note: This does not include the
“insurance subsidy offset,” an amount paid in January
of each year to refund overpaid Social Security tax on
an employee’s health insurance subsidy from the prior
year. The “insurance subsidy offset” is excluded.
Yes, for Legacy
Tiers Only

SCERS Policy No. 024 Appendix

 

FINAL COMPENSATION REVIEW POLICY

PURPOSE

This policy reviews the authorities and standards that Staff relies on to assess the final average salary of a retiring member and exclude any elements of compensation that are paid to enhance a member’s retirement, as required by the California Public Employees’ Pension Reform Act of 2013 (PEPRA).

OBJECTIVE

This policy affirms the administrative process devised and applied by staff in response to Government Code § 31542, which PEPRA added to the County Employees Retirement Law of 1937. Section 31452 requires the Board to (1) establish procedures to assess the elements of compensation considered in individual retirement calculations and (2) disregard any element that is found to enhance the member’s retirement benefit before finalizing the individual payment amount:

The board shall establish a procedure for assessing and determining whether an element of compensation was paid to enhance a member’s retirement benefit. If the board determines that compensation was paid to enhance a member’s benefit, the member or the employer may present evidence that the compensation was not paid for that purpose. Upon receipt of sufficient evidence to the contrary, a board may reverse its determination that compensation was paid to enhance a member’s retirement benefits. [Government Code § 31542(a)]

POLICY

Members whose retirement effective dates occur on and after January 1, 2013 have their payroll activity reviewed when Final Compensation is calculated. Pursuant to Government Code sections 31542(a) and 31461(b), Staff shall review individual pay elements for compensation “paid to enhance a member’s retirement benefit.” . If Staff determines that any pay elements or elements have been paid to enhance the member’s retirement benefit, then Staff recommends exclusion of the element(s) from Final Compensation and submits the matter to the Board of Retirement for final resolution. Members retiring from a reciprocal retirement system shall also be subject to this review process. Staff shall review for and exclude impermissible pay elements even if paid by an employer of a reciprocal retirement system and accepted by such reciprocal system.

APPLICATION

Retirement-Eligible Compensation

For those members who enrolled in a California public retirement system prior to January 1, 2013 
(also known as legacy members), compensation can include base salary plus other differentials, 
allowances, incentives and other pay elements, depending on the member’s job classification, grade 
or status, and possibly, the member’s participation in a given bargaining unit.

As a general rule, a compensation element paid in cash in the normal course of regular employment 
is considered in the calculation of the legacy member’s pension benefit. This includes payments 
received, while working, related to the cash-out of accrued vacation leave by members permitted to 
sell-back leave.

There are exceptions to this general rule, however, and some payments are not considered when 
calculating a pension, for example: (1) Payments for overtime; and (2) Payments made at and 
associated with the termination of employment (‘terminal pay’). In addition, payments related to 
the cash-out of accrued leave in any year are limited to the amount of leave the member can accrue 
in one year.

For those members who enrolled in a California public retirement system on or after January 1, 2013 
(also known as PEPRA or CalPEPRA members), compensation is generally limited to base salary.
A summary of the compensation or pay elements that are included in and excluded from Final 
Compensation is provided as appendices to this policy. The exclusions described in the appendices 
should be understood to also exclude any other compensation derived from or based on the same 
underlying activity. For example, the exclusion of standby pay should be understood to also exclude 
differential pay for standby time.

Final Compensation Standard of Review

The review process mandated by PEPRA and addressed by this policy focuses on why a pay element is 
provided – that is, whether it is provided for the purpose of enhancing the member’s retirement 
benefit. If an otherwise eligible pay element meets that criterion, then it is still to be paid to 
the member, but not considered for pension purposes.

A situation where a pay element may be excluded under the PEPRA standard would be where the 
compensation was previously provided in-kind or paid to a third party on behalf of the member, but 
converted to a cash payment to the member in the final average salary period – for example, if a 
member previously had a car provided by the employer but shifted to a cash car allowance, or if the 
employer previously paid a health insurance company for health care coverage for the member but the 
member subsequently opted to receive a cash- back payment instead.

Other examples where the PEPRA standard may result in a pay element being excluded would be: (1) A 
one-time or ad hoc payment not given to similarly situated members in the same job classification 
or grade; or (2) Severance or separation pay received by the member 5prior to the termination of employment.

Final Compensation Review Process

The Final Compensation review starts once SCERS receives a retirement application and occurs at the 
same time as many other tasks that are required to process the application.

All pay elements in the final average salary period undergo the required review. However, the scope 
of review corresponds to the degree to which compensation in the final average salary period 
exceeds the compensation prior to that period and/or the nature of the pay element(s) in question. 
A small increase in compensation in the final average salary period and/or common, widespread pay 
elements require less review.  A larger increase in compensation or an unusual or isolated pay 
element requires more review.

In some cases, SCERS requires additional information to complete the assessment of a pay element. 
Depending on the item of concern, SCERS may request information from the employer, the member or 
both to reach a determination.

If SCERS determines there is evidence that a pay element may have been provided for the purpose of 
enhancing the applicant’s retirement benefit, then the applicant and the employer are notified and 
given an opportunity to submit additional information to rebut that assessment. At all times, the 
applicant and the employer bear the burden of proving that a pay element was provided for 
permissible reasons and not for pension-enhancement, including the burden of providing documentary 
evidence. Take, for example, an applicant who previously accepted an in-kind benefit from an 
employer (e.g., a vehicle or health care coverage) and who opted in the final compensation period 
to accept a cash payment instead. Such an applicant must prove that a new, previously unavailable 
opportunity or other change in circumstances made the in-kind benefit unnecessary or otherwise 
inappropriate. As part of  such  proof,  the  member  must  provide  comprehensive  documentary  
evidence substantiating the claimed change in circumstances (including but not limited to an 
affidavit). SCERS reserves the right to consider any failure to provide such comprehensive evidence 
a failure to meet the burden of proof.

If it is still believed that the pay element is provided to enhance the applicant’s retirement 
benefit, and the applicant chooses not to contest that decision, SCERS will exclude the pay 
element(s) in question and finalize the retirement benefit calculation.  If the applicant chooses 
to contest the recommendation, then the matter will be presented to the SCERS Board for final 
determination on whether the pay element should be excluded from the calculation of the retirement 
benefit.

The SCERS Board will consider the matter in open session at the next scheduled SCERS Board Meeting. 
The retirement applicant and/or the employer will have an opportunity to submit additional written 
information, and the SCERS Board will make its determination on the written record.

If the SCERS Board determines that a pay element must be excluded from the Final Compensation used 
to calculate the retirement benefit, then the employer and the retirement applicant will be so 
notified, and will have an opportunity to seek review of the decision by a
court of law.

Distribution of Initial Benefit Payment

The final compensation review process need not delay the first benefit payment. However, the amount of the first payment (and, if necessary, subsequent benefit payments) can be limited if the Final Compensation review process is not concluded (without issue) before the first payment is processed by SCERS.

The key factor in whether the amount of the first payment may be impacted by the Final Compensation review is the length of time between when the retirement application is submitted and the date of retirement. The earlier the retirement application is submitted relative to the retirement date, the more time there is to conduct the required Final Compensation review, and the greater the likelihood that the review will be completed by the time all the other necessary steps have been taken to issue the first benefit payment.

If there is insufficient time to complete the Final Compensation review prior to issuance of the first benefit payment, then a ‘hold-back’ amount based on the pay element(s) under review will be applied to the first benefit check, and if necessary, to subsequent benefit payments until a determination has been made regarding Final Compensation.

While the amount of a potential hold-back will vary, members should consider the possibility that initial (and possibly subsequent) benefit payments could be less than the benefit estimates they have received, and members should assess how the possibility of a reduced benefit could impact their decision to retire and/or the timing of submission of the retirement application relative to the date of retirement. SCERS will not review compensation elements and/or advise members whether particular pay elements might be excluded prior to the submission of a retirement application.

When necessary, benefit payments are adjusted after the review is completed. If all potential pay elements are included in Final Compensation, then subsequent benefit payments will reflect the higher benefit and include any retroactive amounts associated with the initial hold- back. If SCERS determines that a pay element must be excluded from Final Compensation, then the reduced benefit payment and the corresponding ‘hold-back’ will become permanent and final. If the retirement applicant or the employer elect to contest that decision in court, the benefit payments will continue to include the hold-back unless/until there is a final court ruling that the pay element be included in the retirement calculation.

BACKGROUND

With the enactment of PEPRA, the Legislature effected significant changes and reforms for governmental defined benefit plans in California. Included among these changes was a recognition that retirement boards have both the authority and the obligation to monitor a wider range of employer activities than they have in the past.

The Final Compensation process reviewed in this policy arose from an implementation memo from the former Chief Executive Officer (which the Board of Retirement discussed during their December 19, 2012 meeting) and was effected with the delivery of a subsequent memo regarding “Review of Final Compensation Pay Elements” (which the Board of Retirement discussed and approved during their February 20, 2013 meeting). Since that that time, the guidance available to members and participating employers of SCERS has expanded to include a publication regarding “CalPEPRA and Final Compensation Review at SCERS” (which was last updated during the 2015 calendar year) and a Member Handbook for legacy members (which was released during the 2017 calendar year). This policy affirms and provides a consolidated document of the longstanding practice reflected in those materials.

APPENDICES

1-Legacy Members (Entry Dates Before January 1, 2013)

2-PEPRA Members (Entry Dates After December 31, 2012)

RESPONSIBILITIES

Executive Owner: Chief Benefits Officer

POLICY HISTORY

Date Description
10-21-2020 Board approved amendments conforming to Board Order of September 16, 2020
10-17-2018 Board approved policy in revised format
2017 Calendar Year Member Handbook for Members Hired Before January 1, 2013, Appendix A: Summary of Pension–Eligible Pay Elements
2017 Calendar Year Member Handbook for Members Hired Before January 1, 2013, p.41: Final Compensation Review
2015 Calendar Year Updated Memo re “CalPEPRA and Final Compensation Review at SCERS”
08-19-2015 Board Materials for Agenda Item 17: Memo re “Proposed Amendment to the Final Compensation Review Process Mandated by CalPEPRA2013Board Materials for Agenda Item 16: Memo re “Review of Final Compensation Pay Elements”
02-20-2013 Board Materials for Agenda Item 16: Memo re “Review of Final Compensation Pay Elements”
12-19-2012

Board Materials for Agenda Item 14: Memo re “Implementation of AB 340 and AB 197”

APPENDIX 1 – Legacy Members (Entry Dates Before January 1, 2013)

Earnings Type Description Included* Excluded
Regular Earnings Paid for hours worked X  
One Time Bonus Payment Payments normally made once a year as a result of bargaining X  
Overtime – includes CTO- Expired and CTO-over-max Paid for hours worked in excess of normal work schedule; includes the portion of differentials, allowances, or other incentives that include overtime, CTO-expired, and CTO-over-max   X**
7/12 Work Shift Paid for regular work schedule of 12 hours per day; 84 hours per bi-weekly pay period X  
Extra-help wages Paid to employees who are not regular (permanent) County employees   X
Holiday-in lieu paid after 104.0 hours Paid for hours over the maximum of 104.0 X  
Workers’ Compensation Temporary Disability Paid Workers’ Compensation benefits integrated with existing leave balances for employees who have an accepted industrial injury and are temporarily disabled X  
State Disability Integration Paid State Disability benefits integrated with existing leave balances for employees who are temporarily disabled X  
Shift Differential Paid to employees working other than the day shift X  
Standby Pay Paid to employees assigned to remain on call outside of normal working hours worked by persons in the same grade or class of positions if the need arises for emergency work   X**
Food Allowance Paid to employees hired or transferred into food service prior to July 1971 represented by Health Services Unit X  
Terminal Pay – vacation, holiday in lieu, CTO, and leave payout Accumulated leave balances paid to an employee upon separation from employment   X
Special Pay Allowances Additional pay for performing work considered to be out of or in addition to the class X  
Incentive Pay Allowances Additional pay for possession of educational degrees or required certificates X  
Miscellaneous Allowances Assignment differentials paid as a percentage of base pay X  
Management Differential Additional pay to managers in lieu of other benefits, i.e. tuition reimbursement X  
Transcription Fees for court reporters Paid to court reporters to transcribe their cases   X
Retirement Offset Additional pay for certain employees in lieu of the county paying 1/2 retirement contributions X  
Leave Balance Usage (vacation, compensating time off (CTO), holiday in-lieu, sick leave, etc.) Paid leave for authorized absence from work X  
Vacation Cash-In Vacation cash-in in excess of the maximum permitted in a single calendar year (or fiscal year, as applicable) under the member’s labor agreement or employer policy, resulting from a designated final compensation period that straddles two calendar years (or fiscal years, as applicable)   X**
Payoff Beyond Maximum Accrual Additional pay for vacation or holiday-in-lieu hours over the maximum accrual X  
Mental Health Retention Paid to employees who work at the mental health facility X  
Disability Pay Additional pay that, when combined with Workers’ Compensation Disability Pay, equals 50% of an employee’s bi-weekly pay X  
4850 Time Pay Paid for up to one year, tax free, in lieu of temporary disability for Safety personnel in accordance with Labor Code Section 4850 X  
Clothing Allowance Paid to employees for the cost of maintaining a uniform X  
Equipment Allowance Paid to reimburse employees who are required to provide their own equipment; i.e. court reporters X  
Animal Allowance Paid to employees for the ordinary care and informal training of canines in overtime or outside of regularly scheduled hours   X**
Insurance Subsidy Cash payment of the amount of the county contribution towards health insurance over the premium, less the cost of social security X  
Fair Labor Standards Act Adjustment Differential paid when the value of overtime per FLSA guidelines is greater than that negotiated   X***
Insurance Subsidy Offset An amount paid in January of each year to refund the social security reduction of the health insurance subsidy to employees who were at social security maximum   X**
Auto Allowance Payment for use of personal vehicle for County business X  

*   Compensation can be excluded if: (a) Board of Retirement determines compensation had been paid to enhance retirement benefits, (b) compensation had previously been provided in kind and converted to cash payment in the final compensation period; (c) any one-time or ad-hoc payment made to a member, but not to similarly situated members in the member’s grade or class, and (d) any payment for unused leave balances that exceed what may be earned in each 12-month period during the final compensation period.

**  Effective for all Legacy members who retired, or will retire, on and after January 1, 2013, pursuant to Government Code section 31461(b)(3) and Alameda County Deputy Sheriff’s Association, et al. v. Alameda County Employees’ Retirement Association, et al., 9 Cal.5th 1032 (2020)

*** Per prior, written agreement, one exception has been established to the standard exclusion of the pay element reserved for FLSA adjustments. That exception is the additional “half rate” payable for 12 hours of contractual overtime to members who work 24-hour schedules.

APPENDIX 2 – PEPRA Members (Entry Dates After December 31, 2012)

Earnings Type Description Included* Excluded
Regular Earnings Paid for hours worked X  
7/12 Work Shift Paid for regular work schedule of 12 hours per day; 84 hours per bi-weekly pay period X  
Workers’ Compensation Temporary Disability Paid Workers’ Compensation benefits integrated with existing leave balances for employees who have an accepted industrial injury and are temporarily disabled X  
State Disability Integration Paid State Disability benefits integrated with existing leave balances for employees who are temporarily disabled X  
Leave Balance Usage (vacation, compensating time off (CTO), holiday in-lieu, sick leave, etc.) Paid leave for authorized absence from work X  
Disability Pay Additional pay that, when combined with Workers’ Compensation Disability Pay, equals 50% of an employee’s bi-weekly pay X  
4850 Time Pay Paid for up to one year, tax free, in lieu of temporary disability for Safety personnel in accordance with Labor Code Section 4850 X  
Animal Allowance Paid to employees for the ordinary care and informal training of canines in overtime or outside of regularly scheduled hours   X**
One Time Bonus Payment Payments normally made once a year as a result of bargaining   X
Overtime – includes CTO Expired and CTO-over-max Paid for hours worked in excess of normal work schedule; includes the portion of differentials, allowances, or other incentives that include overtime, CTO-expired, and CTO-over-max   X
Extra-help wages Paid to employees who are not regular (permanent) County employees   X
Holiday-in-lieu paid after 104.0 hours Paid for hours over the maximum of 104.0   X
Shift Differential Paid to employees working other than the day shift   X
Standby Pay Paid to employees assigned to remain on call outside of normal working hours worked by persons in the same grade or class of positions if the need arises for emergency work   X
Food Allowance Paid to employees hired or transferred into food service prior to July 1971 represented by Health Services Unit   X
Terminal Pay – vacation, holiday in lieu, CTO, and leave payout Accumulated leave balances paid to an employee upon separation from employment   X
Special Pay Allowances Additional pay for performing work considered to be out of or in addition to the class   X
Incentive Pay Allowances Additional pay for possession of educational degrees or required certificates   X
Miscellaneous Allowances Assignment differentials paid as a percentage of base pay   X
Management Differential Additional pay to managers in lieu of other benefits, i.e., tuition reimbursement   X
Transcription Fees for court reporters Paid to court reporters to transcribe their cases   X
Retirement Offset Additional pay for certain employees in lieu of the County paying 1/2 retirement contributions   X
Vacation Cash-In Vacation cash-in in excess of the maximum permitted in a single calendar year (or fiscal year, as applicable) under the member’s labor agreement or employer policy, resulting from a designated final compensation period that straddles two calendar years (or fiscal years, as applicable)   X
Payoff Beyond Maximum Accrual Additional pay for vacation or holiday-in-lieu hours over the maximum accrual   X
Mental Health Retention Paid to employees who work at the mental health facility   X
Clothing Allowance Paid to employees for the cost of maintaining a uniform   X
Equipment Allowance Paid to reimburse employees who are required to provide their own equipment; i.e., court reporters   X
Insurance Subsidy Cash payment of the amount of the County contribution towards health insurance over the premium, less the cost of social security   X
Fair Labor Standards Act Adjustment Differential paid when the value of overtime per FLSA guidelines is greater than that negotiated   X***
Insurance Subsidy Offset An amount paid in January of each year to refund the social security reduction of the health insurance subsidy to employees who were at social security maximum   X
Auto Allowance Payment for use of personal vehicle for County business   X

*   Compensation can be excluded if: (a) Board of Retirement determines compensation had been paid to enhance retirement benefits, (b) compensation had previously been provided in kind and converted to cash payment in the final compensation period; (c) any one-time or ad-hoc payment made to a member, but not to similarly situated members in the member’s grade or class, and (d) any payment for unused leave balances that exceed what may be earned in each 12-month period during the final compensation period.

**  Effective for all PEPRA members who retired, or will retire, on and after January 1, 2013, pursuant to Government Code section 31461(b)(3) and Alameda County Deputy Sheriff’s Association, et al. v. Alameda County Employees’ Retirement Association, et al., 9 Cal.5th 1032 (2020)

*** Per prior, written agreement, one exception has been established to the standard exclusion of the pay element reserved for FLSA adjustments. That exception is the additional “half rate” payable for 12 hours of contractual overtime to members who work 24-hour schedules.

SCERS Policy No. 024