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Class of Employees. Prohibited Classes of Employees   

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(a) An employer may not establish a class of employees that is distinguished by any of the following:

(1) The retirement benefit formula or retirement program.

(2) A minimum or maximum threshold for age or service credit.

(3) The characterization or restructuring of compensation, in the absence of the criteria described in Section 27300.

(4) An option or requirement for one or more employees who perform similar job duties to work a longer or shorter day, or work more or fewer days per year, performing similar job duties, in the absence of the criteria described in paragraph (2) of subdivision (a) of Section 27300, except as provided in subdivision (c) of Section 22138.5 of the Education Code for the minimum standard for full time in community colleges.

(5) Performing only activities described in paragraph (6) of subdivision (a) of Section 22119.5 of the Education Code because those activities must be related to, and an outgrowth of, the instructional and guidance program of the school and performed in addition to other activities described in Section 22119.5 of the Education Code in order to be creditable service.

Authority cited:

Education Code 22112.5

Education Code 22119.2

Education Code 22207

Education Code 22213

Education Code 22305

Reference:

Education Code 22112.5

Education Code 22119.5

Education Code 22138.5

(Added by Register 2014, No. 47.)