Section 89555 Of Article 2.5. Separation Of Employees From Service For Lack Of Funds Or Lack Of Work From California Education Code >> Division 8. >> Title 3. >> Part 55. >> Chapter 5. >> Article 2.5.
89555
. (a) In lieu of being laid off, an administrative or
nonacademic employee may elect demotion or transfer to any class in
which he has served as a permanent employee or to any vacancy for
which he is qualified.
(b) In lieu of being laid off, an academic teaching employee
actively employed at a campus during the academic year 1975-76 or
prior thereto at such campus may elect transfer to that other
teaching service area in which he or she has served longest during
the preceding four years at the particular campus if both of the
following conditions exist:
(1) If the employee, during the four-year period immediately
preceding the date of the mailing of the layoff notice, taught at
least 24 semester units or 36 quarter units in any one teaching
service area other than the teaching service area in which he or she
is teaching on the date of the mailing of the layoff notice provided
that only such units as have accrued during the academic year 1975-76
and prior thereto may be utilized for purposes of transfer under
this section.
(2) If the employee has not previously during that year elected
transfer in lieu of layoff.
(c) In the event an employee elects demotion or transfer, his
place for layoff purposes in the class or teaching service area to
which he elects demotion or transfer shall be determined in
accordance with this article.
(d) An employee electing demotion or transfer shall notify the
president or chancellor in writing of his election within five
calendar days after receipt of the notice of layoff.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.