Article 5. Uniform State Pay Roll System of California Government Code >> Division 3. >> Title 2. >> Part 2. >> Chapter 5. >> Article 5.
In conformity with the accounting system prescribed by the
Department of Finance pursuant to Section 13300, the Controller shall
install and operate a uniform state payroll system for all state
agencies except the California Exposition and State Fair and the
University of California. The Controller may provide for the orderly
inclusion of state agencies into the system, and may make exceptions
from the operation thereof for such periods as he or she determines
necessary.
The uniform state pay roll system shall provide adequate
accounting procedures to enable each state agency to properly account
salary and wage expenditures under the uniform state accounting
system.
The uniform state payroll system may provide for the fixing
of staggered payroll periods, and designated days of the month on
which permanent monthly salaried employees shall be paid for the
preceding payroll period. These pay dates shall not be more than 10
calendar days following the close of the payroll period for monthly
salaried employees and not more than 15 calendar days following the
close of the payroll period for semimonthly and biweekly payroll
systems. No change shall be made pursuant to this section in the
existing payroll periods of a bargaining unit unless the change is
authorized or approved in the memorandum of understanding for that
unit.
Notwithstanding any other law, on and after January 1,
2010, payments to employees made through the Uniform State Payroll
System for master payroll paid on June 30 of each year shall be issue
dated on July 1, provided that employees shall, in any event, be
paid promptly.
The pay roll period of employees of a state agency shall not
be changed by inclusion of the agency into the uniform state pay
roll system or by any revision or modification of the system unless
notice of the proposed change has been given to each employee who
will be affected by such change in the form and manner prescribed by
the Controller not less than 60 days prior to the effective date of
the change.
The Controller shall establish and maintain a payroll roster
of all persons employed by every state agency except the University
of California and may establish and maintain a roster of all
established positions. The payroll roster shall include both civil
service and exempt employees, but shall not necessarily include
emergency appointees or the equivalent.
With the agreement of the Controller, any modification, addition,
or deletion to the payroll roster may be done electronically and the
data base entry shall be certified notification of the appointing
powers' action for disbursement, or other acts in reliance, by the
Controller.
Each appointing power shall correctly and promptly certify
to the Controller all changes, modifications, additions and deletions
to the pay roll roster in compliance with all applicable civil
service, fiscal, and other pertinent laws, rules, and regulations.
The Controller shall disburse or otherwise act in reliance upon all
pay roll roster certifications and attendance reports certified to
the Controller by the respective appointing powers.
The Controller may audit the uniform state pay roll system,
the State Pay Roll Revolving Fund, and related records of state
agencies within the uniform state pay roll system, in such manner as
the Controller may determine.
Rules and regulations adopted under this article or Section
1153 are excepted from the provisions of the Administrative Procedure
Act and shall be distributed in the form and manner as the
Controller determines.
Upon receipt of proof, satisfactory to the Controller, that
a payroll warrant issued by the Controller has been lost or destroyed
prior to its delivery to the employee to whom it is payable, the
Controller shall, upon certification by the payee's appointing power,
issue a replacement warrant in payment of the same amount, without
requiring a bond from the payee, and any loss incurred in connection
therewith shall be charged against the account from which the payment
was derived. Without limiting the generality of the preceding
sentence, a payroll warrant shall be considered to have been lost if
it has been sent to the payee but not received by him within a
reasonable time, consistent with the policy of prompt payment of
employees or if it has been sent to a state officer or employee for
delivery to the payee or for forwarding to another state officer or
employee for such delivery, and has not been received within such
reasonable time.
A replacement warrant is void if not presented for payment to the
Treasurer within the same time limit provided by law for the original
warrant.
(a) Notwithstanding any other law, an employee of the state
may file with his or her appointing power a designation of a person
or persons for receipt of employee warrants upon death. The
designation shall control who is entitled to receive the warrants
that would have been payable to the decedent had he or she survived.
(b) An employee may designate a primary person and up to three
contingent persons pursuant to this section. The first-designated
person shall be the designated person that receives the warrants. If
the first-designated person predeceases the employee, the next-listed
designated person who survives the employee shall be the designated
person that receives the warrants.
(c) The appropriate designated person shall claim the warrants
from the appointing power. Upon sufficient proof of identity, the
appointing power shall deliver the warrants to the claimant. A
designated person who receives warrants pursuant to this section
shall be entitled to negotiate the warrants as if he or she were the
payee.
(d) The employee may change the designation from time to time.
(e) For purposes of this section, "person" includes, but is not
limited to, a corporation, a trust, or an estate.
Officers and employees of the state may authorize the direct
deposit by electronic fund transfer of their salary or wages, after
any withholding required by law and authorized deductions, into an
account at the financial institution of their choice under a program
for direct deposit by electronic transfer established pursuant to
Section 12481. The direct deposit shall discharge the obligation of
the Controller with respect to the drawing and issuance of warrants
for the salaries or wages of the state officers and employees
authorizing the direct deposit.
(a) Notwithstanding any other provision of law, the
Controller shall make an agreement with one or more financial
institutions participating in the Automated Clearing House pursuant
to the local rules, and shall establish a program, for direct deposit
by electronic fund transfer of the salary or wages, after any
withholding required by law and authorized deductions, of officers
and employees of the state who authorize the direct deposit thereof
by electronic fund transfer into the person's account at the
financial institution of his or her choice.
(b) The direct deposit of state payroll pursuant to this section
shall be known as the State of california Sure Pay Plan.