Section 71629 Of Article 2. Authority To Hire, Classification, And Compensation From California Government Code >> Title 8. >> Chapter 7. >> Article 2.
71629
. Except as provided in Sections 71624, 71625, 71626, 71626.5,
71627, and 71628, and notwithstanding any other provision of law:
(a) As provided in Section 71612, the implementation of this
chapter shall not be a cause for the modification of the level of
trial court employment benefits. If the same trial court employment
benefits are not permitted by law or the plan vendor, the trial court
shall provide other trial court employment benefits at the same
level subject to the provisions of subdivision (b). The level of
trial court employment benefits provided to a trial court employee as
of the implementation date of this chapter shall remain in effect
unless modified pursuant to subdivision (b).
(b) For employees who are represented by a recognized employee
organization, the level of trial court employment benefits provided
to a trial court employee may not be modified until after the
expiration of an existing memorandum of understanding or agreement or
a period of 24 months, whichever is longer, unless the trial court
and recognized employee organization mutually agree to a
modification. For employees who are not represented by a recognized
employee organization, the level of trial court employment benefits
may be revised by the trial court.
(c) The trial court shall reimburse the county for the cost of
coverage of trial court employees in trial court employment benefit
plans. If the county administers trial court employment benefits to
trial court employees, or if the trial court contracts with the
county to administer trial court employment benefits to trial court
employees, a trial court employee shall be eligible to participate in
trial court employment benefits subject to trial court employment
benefit regulations, policies, terms and conditions, and subject to
both of the following:
(1) A trial court employee shall have the right to receive the
same level of trial court employment benefits as county employees in
similar classifications, as designated by the trial court subject to
the obligation to meet and confer in good faith, without the
opportunity to meet and confer with the county as to those benefits.
(2) The level of trial court employment benefits accruing to a
trial court employee is subject to modification by the county if the
county changes the level of the same employment benefits accruing to
county employees in classifications that have been designated as
similar classification pursuant to paragraph (1).
(d) As of the implementation date of this chapter:
(1) If the trial court administers trial court employment benefits
to trial court employees separately from the county, the trial court
shall continue to administer these benefits as provided under
existing personnel policies, procedures, plans, or trial court
employee memoranda of understanding or agreements.
(2) If the county administers trial court employment benefits to
trial court employees or if the trial court contracts with the county
to administer trial court employment benefits to trial court
employees, the county may continue to administer trial court
employment benefits to trial court employees pursuant to subdivision
(e) or the trial court may administer trial court employment benefits
to trial court employees pursuant to the following transition
process:
(A) While an existing memorandum of understanding or agreement
remains in effect or for a transition period of 24 months, whichever
is longer, the county shall administer trial court employment
benefits for represented trial court employees as provided in the
applicable memorandum of understanding or agreement, unless the
county is notified by the trial court pursuant to subparagraph (D)
that the trial court no longer needs the county to administer
specified benefits, or the trial court and the county mutually agree
that the county will no longer administer specified benefits.
(B) For a transition period of up to 24 months after the
implementation date of this chapter, the county shall administer
trial court employment benefits for unrepresented trial court
employees, unless notified by the trial court pursuant to
subparagraph (D) that the trial court no longer needs the county to
administer specified benefits, or the trial court and the county
mutually agree that the county will no longer administer specified
benefits. During the transition period, if the county intends to
change unrepresented trial court employees' trial court employment
benefits, the county shall provide the trial court with at least 60
days' notice, or a mutually agreed to amount of notice, before any
change in benefits is implemented so the trial court can decide
whether to accept the county's change or consider alternatives and
arrange to provide benefits on its own.
(C) If, during the transition period, the trial court decides to
offer particular trial court employment benefits that are different
from what the county is administering, the trial court shall be
responsible for administering those particular benefits.
(D) If the trial court decides that it no longer needs the county
to administer specified trial court employment benefits to trial
court employees, the trial court shall provide the county with at
least 60 days' notice, or a mutually agreed to amount of notice.
(e) To facilitate trial court employee participation in county
trial court employment benefit plans, the trial court and county may
mutually agree that the county shall administer the payroll for trial
court employees.
(f) A county shall have authority to provide trial court
employment benefits to trial court employees if those benefits are
requested by the trial court and subject to county concurrence to
providing those benefits. A county's agreement to provide those
benefits shall not be construed to create a meet and confer
obligation between the county and any recognized employee
organization.
(g) Nothing in this section shall prevent the trial court from
arranging for trial court employees other trial court employment
benefits plans subject to the obligation to meet and confer in good
faith.