Section 19831 Of Article 3. Salary Classification From California Government Code >> Division 5. >> Title 2. >> Part 2.6. >> Chapter 2. >> Article 3.
19831
. (a) The department may authorize payments into a private
fund to provide health and welfare benefits to nonpermanent employees
in classes compensated in accordance with the provisions of Section
19830 where the department finds as to any position that:
(1) The payments by employers are the prevailing practice in
comparable employment in the locality of the work and the payments
are for the purpose of providing to employees specified benefits such
as, but not limited to, hospital, medical, surgical, and life
insurance, sick leave, vacation allowance, pensions, supplementary
unemployment and disability compensation, and other similar or
related health and welfare benefits, or any combination thereof.
(2) Participation in the benefits provided by the funds is not
limited to state employees.
(3) The provisions of the plans which provide the benefits meet
the standards established by the department.
(b) Payments made by the state to any fund on behalf of any
employee shall be in lieu of benefits such as vacation allowance,
sick leave, and retirement which are now or may hereafter be granted
directly by the state in accordance with law.
(c) The department is empowered to determine the equitable
application of this section to insure that the employees receive
benefits comparable to, but not in excess of, those provided in
comparable private employment.
(d) The payments authorized by this section shall be a proper
charge against any funds available for the support of the employing
agency.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the 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.