Chapter 6.127 LOS ANGELES COUNTY EMPLOYEES RETIREMENT ASSOCIATION

6.127.010 Positions.

6.127.020 Retirement Administrator.

6.127.030 Additional information.

6.127.040 LACERA Tier I and Tier II Management Appraisal and Performance Plan.

6.127.010 Positions.


ITEM
NO.
NO. OF
ORDINANCE
POSITIONS
TITLE



0411A
1
ACCOUNT CLERK I,LACERA
0412A
1
ACCOUNT CLERK II,LACERA
0415A
13
ACCOUNTANT,LACERA
0417A
1
ACCOUNTING OFFICER I,LACERA
0418A
1
ACCOUNTING OFFICER II,LACERA
0413A
7
ACCOUNTING TECHNICIAN I,LACERA
0414A
1
ACCOUNTING TECHNICIAN II,LACERA
0419A
1
ADMIN SERVICES ANALYST I,LACERA
0420A
3
ADMIN SERVICES ANALYST II,LACERA
0421A
6
ADMIN SERVICES ANALYST III,LACERA
0410A
3
ADMIN SERVICES OFFICER,LACERA
0766A
1
ASST CHIEF,INTERNAL AUDIT,LACERA
0456A
2
ASST DATA SYSTEMS ANALYST,LACERA
0437A
1
ASST DIRECTOR,HUMAN RESOURCES,LACERA
0771A
12
ASSISTANT DIVISION MANAGER,LACERA
0778
2
ASSISTANT EXECUTIVE OFFICER, LACERA
0781
2
ASSISTANT INFORMATION SYSTEMS MANAGER, LACERA
9203A
2
ASSOCIATE STAFF COUNSEL,LACERA
0794
1
CHIEF, COMMUNICATIONS, LACERA
9215A
1
CHF COUNSEL,DISAB LITIGATION,LACERA
9216A
1
CHIEF COUNSEL,LACERA
0776L
1
CHIEF EXECUTIVE OFFICER,LACERA
0774A
1
CHIEF,INTERNAL AUDIT,LACERA
0493A
1
CHIEF,INVESTMENT OFFICER,LACERA
0428A
1
CLERK,LACERA
0777A
1
CONTRACT ANALYST,LACERA
0779
1
CREATIVE COORDINATOR, LACERA
0457A
5
DATA SYSTEMS ANALYST I,LACERA
0458A
16
DATA SYSTEMS ANALYST II,LACERA
0469A
8
DATA SYSTEMS COORDINATOR,LACERA
0459A
1
DATA SYSTEMS SUPERVISOR I,LACERA
0460A
4
DATA SYSTEMS SUPERVISOR II,LACERA
0425A
1
DIRECTOR,HUMAN RESOURCES,LACERA
0793
1
DIRECTOR, RETIREE HEALTH CARE, LACERA
1648A
2
DISABILITY RETIREMENT SPECIALIST
1643A
3
DISABILITY RETIREMENT SPEC SUPVR
0790
1
DISABILITY RETIREMENT SUPPORT SPECIALIST I, LACERA
0791
1
DISABILITY RETIREMENT SUPPORT SPECIALIST II, LACERA
0773A
7
DIVISION MANAGER,LACERA
0471A
5
DOCUMENT PROCESSING ASSISTANT,LACERA
0472A
2
DOCUMENT PROCESSING COORDINATOR,LACERA
0453A
1
EDP PRIN PROGRAMMER ANALYST,LACERA
0451A
1
EDP PROGRAMMER ANALYST,LACERA
0452A
1
EDP SR PROGRAMMER ANALYST,LACERA
0442A
1
EXECUTIVE SECRETARY,LACERA
0767A
6
FINANCE ANALYST I,LACERA
0768A
5
FINANCE ANALYST II,LACERA
0769A
5
FINANCE ANALYST III,LACERA
7956A
2
GRAPHIC ARTIST,LACERA
0434A
2
HUMAN RESOURCES ANALYST,LACERA
0783
1
INFORMATION SYSTEMS MANAGER, LACERA
0782
1
INFORMATION SYSTEMS MANAGER I, LACERA
0429A
6
INTERMEDIATE CLERK,LACERA
0429F
1
INTERMEDIATE CLERK,LACERA
0443A
1
INTERMEDIATE STENOGRAPHER,LACERA
0432A
1
INTERMEDIATE SUPVG CLERK,LACERA
0445A
3
INTERMEDIATE TYPIST-CLERK,LACERA
0765A
6
INTERNAL AUDITOR,LACERA
0764
2
INTERNAL AUDITOR, LACERA
9235A
2
LEGAL ANALYST,LACERA
0795
1
LEGISLATIVE AFFAIRS OFFICER, LACERA
0440A
5
MANAGEMENT SECRETARY,LACERA
0789
2
MEDIA ARTIST, LACERA
9386
9
MEMBER,BOARD OF INVESTMENTS
9394
10
MEMBER,BOARD OF RETIREMENT
0461A
2
MESSENGER DRIVER,LACERA
0433A
1
PAYROLL CLERK I,LACERA
0500A
1
PORTFOLIO MANAGER
0762
2
PRINCIPAL INTERNAL AUDITOR, LACERA
0495A
4
PRINCIPAL INVESTMENT OFFICER,LACERA
0467A
4
PROCUREMENT AND SUPPLY CLERK,LACERA
0463A
1
PROCUREMENT ASSISTANT I,LACERA
0464A
1
PROCUREMENT ASSISTANT II,LACERA
2600A
2
PROGRAMMING SYSTEMS SPEC,LACERA
0465A
1
PUBLIC INFORMATION OFFICER,LACERA
0466A
1
RECEPTIONIST,LACERA
1309A
8
RETIREMENT BENEFITS SPECIALIST I
1310A
40
RETIREMENT BENEFITS SPECIALIST II
1311A
62
RETIREMENT BENEFITS SPECIALIST III
2644A
2
RETIREMENT SYSTEMS SPECIALIST
0761A
1
RISK MANAGEMENT SPECIALIST,LACERA
0438A
10
SECRETARY,LACERA
0772
6
SECTION HEAD, LACERA
0416A
4
SENIOR ACCOUNTANT,LACERA
0430A
3
SENIOR CLERK,LACERA
1632A
9
SENIOR DISABILITY RETIREMENT SPEC
0436A
3
SENIOR HUMAN RESOURCES ANALYST,LACERA
0435A
1
SENIOR HUMAN RESOURCES ASST,LACERA
0763
4
SENIOR INTERNAL AUDITOR, LACERA
0492A
4
SENIOR INVESTMENT OFFICER,LACERA
0441A
8
SENIOR MANAGEMENT SECRETARY,LACERA
0468A
1
SR PROCUREMENT AND SUPPLY CLERK,LACERA
1312A
11
SENIOR RETIREMENT BENEFITS SPEC
0439A
10
SENIOR SECRETARY,LACERA
9213A
5
SENIOR STAFF COUNSEL,LACERA
0455A
1
SENIOR SYSTEMS AID,LACERA
0446A
6
SENIOR TYPIST-CLERK,LACERA
0784
1
SENIOR WRITER, LACERA
0775A
2
SPECIAL ASSISTANT,LACERA
0426A
4
STAFF ASSISTANT I,LACERA
0427A
4
STAFF ASSISTANT II,LACERA
9212A
3
STAFF COUNSEL,LACERA
0450F
2
STUDENT PROFESSIONAL WORKER,LACERA
0422A
1
SUPVG ADMINISTRATIVE ASST I,LACERA
0423A
1
SUPVG ADMINISTRATIVE ASST II,LACERA
0424A
1
SUPVG ADMIN ASSISTANT III,LACERA
0431A
1
SUPERVISING CLERK,LACERA
0449A
1
SUPERVISING WORD PROCESSOR,LACERA
0462A
1
SUPVR,MAIL & DELIVERY SERV,LACERA
0454A
1
SYSTEMS AID,LACERA
1886A
1
TRAINING COORDINATOR,LACERA
0444A
1
TYPIST-CLERK,LACERA
0788
1
WEB DESIGNER, LACERA
0787
1
WEB SUPPORT TECHNICIAN, LACERA
0447A
1
WORD PROCESSOR I,LACERA
0448A
5
WORD PROCESSOR II,LACERA
0785
1
WRITER I, LACERA
0786
3
WRITER II, LACERA

(Ord. 2009-0013 § 8, 2009; Ord. 2008-0017 § 2, 2008; Ord. 2007-0095 § 3, 2007; Ord. 2006-0053 § 2 (part), 2006.)

6.127.020 Retirement Administrator.

A. The person appointed by the Boards of Retirement and Investments to act as retirement administrator, pursuant to Government Code Section 31522.2, shall be known as Chief Executive Officer, LACERA, and shall be paid in the same manner and receive the same benefits as a county officer on an item designated as "L" pursuant to the provisions of subsection B of Section 6.28.020 and shall be compensated as determined by the Boards of Retirement and Investments. (Ord. 2009-0013 § 9, 2009; Ord. 2006-0053 § 2 (part), 2006.)

6.127.030 Additional information.

A. Step Pay Plan. Notwithstanding Section 6.08.010, by specific action, any person designated to act as Retirement Administrator pursuant to Section 6.127.020 of this code may approve step placement of an employee of the Los Angeles County Employees Retirement Association at any step within the salary range for the position which he or she holds, provided that placements made pursuant to this section are reported to the boards of retirement and investments on a periodic basis. The succeeding step advancement in such a case will be made thereafter on a yearly basis unless an exception is specifically authorized by the retirement administrator.
B. Retirement Administrator.
1. Compensation and Benefits. Notwithstanding any other provision of Title 6 of this code, the salary and benefits for any person designated to act as retirement administrator pursuant to Section 6.127.020 may be determined by written agreement between the boards of retirement and investments and such designated person. In the event of any inconsistency between the provisions of Title 6 of this code and such written agreement, the provisions of the written agreement shall control.
2. Exceptional or Extraordinary Service. Notwithstanding Section 6.08.360, a person designated to act as retirement administrator pursuant to Section 6.127.020 of this code may receive additional compensation for future service in the succeeding year, payable in one or more lump-sum payments and in such manner as may be authorized by the boards of retirement and investments. Such payment, if any, shall be granted in recognition of exceptional or extraordinary service.
3. Salary Adjustment. Notwithstanding Section 6.08.330 E, adjustments to the base salary of a person designated to act as retirement administrator pursuant to Section 6.127.020 of this code may be made by the boards of retirement and investments and shall take effect when designated by the boards. Such adjustments need not fall within the designated person's Salary Range.
C. Performance Compensation Program. The Boards of Retirement and Investments may, by resolution, provide for a performance compensation program applicable to designated participants.
D. 1. In addition to any other compensation provided for in this code, any person employed at LACERA in one of the following classes who possesses a valid Certified Public Accountant license issued by the state of California or a valid Certified Government Financial Manager certification issued by the Association of Government Accountants shall be entitled to compensation at a rate two schedules higher than that established for the class in Section 6.28.050 of this code:

Title:
Item
No.


Assistant Chief, Internal Audit, LACERA
0766
Assistant Division Manager, LACERA
0771
Chief, Internal Audit, LACERA
0774
Division Manager, LACERA
0773
Internal Auditor, LACERA
0764
Internal Auditor, LACERA
0765
Principal Internal Auditor, LACERA
0762
Senior Internal Auditor, LACERA
0763
Special Assistant, LACERA
0775

2. Any person employed at LACERA in the following classes who possesses a valid Certified Internal Auditor certification from the Institute of Internal Auditors or a valid Certified Information Systems Auditor certification from the Information Systems Audit and Control Association shall be entitled to compensation at a rate two schedules higher than that established for the class in Section 6.28.050 of this code:

Title:
Item
No.


Assistant Chief, Internal Audit, LACERA
0766
Assistant Division Manager, LACERA
0771
Chief, Internal Audit, LACERA
0774
Internal Auditor, LACERA
0764
Internal Auditor, LACERA
0765
Principal Internal Auditor, LACERA
0762
Senior Internal Auditor, LACERA
0763
Special Assistant, LACERA
0775

3. Any person employed at LACERA in the following classes who possesses a valid Certified Public Finance Officer certification from the Government Finance Officers Association shall be entitled to compensation at a rate two schedules higher than that established for the class in Section 6.28.050 of this code:

Title:
Item
No.


Assistant Chief, Internal Audit, LACERA
0766
Assistant Division Manager, LACERA
0771
Chief, Internal Audit, LACERA
0774
Division Manager, LACERA
0773
Internal Auditor, LACERA
0764
Internal Auditor, LACERA
0765
Principal Internal Auditor, LACERA
0762
Senior Internal Auditor, LACERA
0763

4. Any person employed at LACERA in the following classes who possesses a valid Certified Employee Benefits Specialist designation from the International Foundation of Employee Benefit Plans and the Wharton School of the University of Pennsylvania shall be entitled to compensation at a rate two schedules higher than that established for the class in Section 6.28.050 of this code:

Title:
Item
No.


Assistant Division Manager, LACERA
0771
Chief, Quality Assurance and Metrics, LACERA
0780
Division Manager, LACERA
0773
Legislative Affairs Officer, LACERA
0795
Section Head, LACERA
0772
Special Assistant, LACERA
0775
Supervising Administrative Assistant III, LACERA
0424

5. Any person employed at LACERA in the following classes who possesses a valid Worker's Compensation Claims Professional certification from the Insurance Education Association shall be entitled to compensation at a rate two schedules higher than that established for the class in Section 6.28.050 of this code:

Title:
Item
No.


Disability Retirement Specialist
1648
Disability Retirement Specialist Supervisor
1643
Division Manager, LACERA
0773
Human Resources Analyst, LACERA
0434
Senior Disability Retirement Specialist
1632
Senior Human Resources Analyst, LACERA
0436

6. Any person employed at LACERA in the following classes who possesses a valid Chartered Financial Analyst certification from the Association for Investment Management and Research shall be entitled to compensation at a rate two schedules higher than that established for the class in Section 6.28.050 of this code.

Title:
Item
No.


Chief Investment Officer, LACERA
0493
Finance Analyst I, LACERA
0767
Finance Analyst II, LACERA
0768
Finance Analyst III, LACERA
0769
Principal Investment Officer, LACERA
0495
Senior Investment Officer, LACERA
0492

7. Any person employed at LACERA in the following classes who possesses a valid Certified Compensation Professional designation from WorldatWork, formerly the American Compensation Association, shall be entitled to compensation at a rate two schedules higher than that established for the class in Section 6.28.050 of this code:

Title:
Item
No.


Assistant Director, Human Resources, LACERA
0437
Director, Human Resources, LACERA
0425
Human Resources Analyst, LACERA
0434
Senior Human Resources Analyst, LACERA
0436

8. In no event shall a person receive compensation pursuant to any of the subsections of subsection C for any period prior to the date on which he presents at least one of the certificates designated therein to the Retirement Administrator or person designated by the Retirement Administrator, nor shall any person receive compensation for more than one of the certificates designated therein.
E. Assignment of additional responsibilities. Notwithstanding any other provision of this Title 6, any person employed by the Los Angeles County Employees Retirement Association, if designated by a person designated to act as retirement administrator pursuant to Section 6.127.020, shall be entitled to additional compensation equivalent to one, two, three or four schedules above that provided in Section 6.28.050 for additional responsibilities which are assigned by the person designated to act as retirement administrator. (Ord. 2009-0013 § 10, 2009; Ord. 2007-0095 § 4, 2007; Ord. 2007-0085 § 2, 2007; Ord. 2006-0053 § 2 (part), 2006.)

6.127.040 LACERA Tier I and Tier II Management Appraisal and Performance Plan.

A. Purpose. The purpose of the Management Appraisal and Performance Plan is to improve LACERA's ability to employ executive, senior management, and management employees, to evaluate and compensate those employees for the contributions they make toward achieving LACERA priorities, and to motivate them to excel and achieve high efficiency, reduce costs, realize expected revenues, and deliver quality services to LACERA's members and beneficiaries.
B. Definitions. The following terms when used in this Section 6.127.040 with initial capital letters, unless the context clearly indicates otherwise, shall have the following respective meanings:
1. "Appointing Authority" means the retirement administrator as to Participants serving on the staff of the Los Angeles County Employees Retirement Association. The board of retirement and the board of investments jointly shall be the Appointing Authority for any person designated to act as retirement administrator pursuant to Section 6.127.020 of this code.
2. "Control Point" means the midpoint of each Salary range as indicated in the Tier I Salary Structure. The Control Point for each Tier II Salary range shall be the same as the similarly numbered Tier I Salary range.
3. "General Salary Adjustment" means an across-the-board adjustment in the actual base salaries of Tier I and/or Tier II Participants. A General Salary Adjustment may be implemented only by specific action of the board of supervisors as requested by the board of retirement and board of investments jointly and may or may not be accompanied by a concurrent adjustment in the Salary Structure.
4. "Participant" means a person employed in a position in a class which has been approved by the board of supervisors as requested by the board of retirement and board of investments jointly for inclusion in the Management Appraisal and Performance Plan.
5. "Plan" means the Management Appraisal and Performance Plan set forth in this Section 6.127.040.
6. "Salary Structure" means the Tier I and Tier II Salary ranges specified in Section 6.26.020 A.
7. "Tier I" means that part of the Plan that is applicable to unclassified management positions and other positions specifically designated as eligible for Tier I by the board of supervisors as requested by the board of retirement and board of investments jointly. Salary ranges applicable to Tier I Participants are designated by the letters "LR" in Sections 6.28.050 and 6.26.020 A of this code. Tier I Salary ranges are defined in terms of a minimum rate, a maximum rate, and a Control Point and are divided into quartiles for salary administration purposes in accordance with the provisions of Section 6.08.370.
8. "Tier II" means that part of the Plan that is applicable to all Participants other than Tier I Participants. Salary ranges applicable to Tier II Participants are designated by the letters "LS" in Sections 6.28.050 and 6.26.020 A of this code. Tier II Salary ranges consist of 18 salary steps, with the first 12 being 3 percent apart and the last six steps being 1 ½ percent apart.
9. "Tier I Merit Adjustment" means movement through the applicable LR range based on an evaluation of performance as provided for in the Plan and any pertinent instructions issued by the retirement administrator. A Tier I Merit Adjustment may range from zero to 5 percent with respect to any given rating period.
10. "Tier II Step Advancement" means advancement to the next salary step in the applicable LS range based on an evaluation of performance as provided for in the Plan and any pertinent instructions issued by the retirement administrator.
11. "Y-Rate" means, for purposes of this Part 3, a special salary rate which entitles a person to receive a salary at a rate higher than the maximum of the Salary range for the position which the person holds.
C. Applicability of Section 6.127.040 provisions. Notwithstanding any other provision of this Title 6, the salary of a person employed in a position assigned to a Salary range in Tier I or Tier II of the Plan shall be determined pursuant to the provisions of this Section 6.127.040; provided, however, that the retirement administrator's salary and benefits may be determined by written agreement between the board of retirement and board of investments jointly and the retirement administrator. In the event of any inconsistency between provisions of this Section 6.127.040 and such written agreement, the provisions of the written agreement shall control.
D. Position assignment to the Management Appraisal and Performance Plan. Upon the recommendation of the board of retirement and board of investments jointly, the board of supervisors may by ordinance, assign classes or positions to the Plan. The board of retirement and board of investments jointly shall recommend to the board of supervisors a Salary range for each class or position.
Participants who would otherwise be eligible to receive benefits under Chapter 5.26, 5.27, and 5.28 of this code shall be eligible to receive benefits under Chapter 5.26 and the appropriate benefits of either Chapter 5.27 or Chapter 5.28 of this code. In addition, Participants designated eligible to receive benefits under Subdivision 1 of Chapter 5.27 or Subdivision 1 of Chapter 5.28 of this code shall be eligible to receive up to eight days sick leave.
E. Performance management.
1. Performance rating categories and process.
The retirement administrator, or his/her designee, shall annually evaluate the performance of each Participant, in accordance with guidelines and in a format established by the LACERA director of human resources, which shall provide for an overall performance rating based on the following five category rating scale:
--
"Far Exceeded Expectations"
--
"Exceeded Expectations"
--
"Met Expectations"
--
"Needs Improvement Meeting Expectations"
--
"Failed to Meet Expectations"

The performance management process includes annually setting goals and defining performance expectations developed jointly by the retirement administrator or his/her designee and each Participant. The retirement administrator defines department values for the performance management process. At the discretion of the retirement administrator, Participants on a leave of absence during the rating period are not required to have a performance plan while on an approved leave of absence.
2. Rating period.
a. The rating period will be as designated by the retirement administrator. However, the performance of each Participant will be reviewed periodically by the retirement administrator or his/her designee during the performance period. At the conclusion of the rating period, the retirement administrator or his/her designee will review the performance of each Participant and complete an evaluation form in the manner established by the LACERA director of human resources. At the discretion of the retirement administrator, an evaluation form may be completed for those Participants with less than six months service in the Plan. The retirement administrator or his/her designee shall have the option of rating Participants on leave for more than six months of the rating period. Participants on leave for less then six months shall be given an overall performance rating except in the case where the LACERA director of human resources has determined that unusual circumstances exist. Where Participants on a leave of absence are rated, any Tier I Merit Salary Adjustment or Tier II Step Advancement may, at the discretion of the retirement administrator, be granted upon the Participant's return to work. Participants who are not rated shall not be granted a Tier I Merit Salary Adjustment or a Tier II Step Advancement.
b. In the case of the retirement administrator, the evaluation shall be in accordance with the procedures established by the board of retirement and board of investments jointly.
3. Performance evaluation timeliness. Tier I Merit Salary Adjustments and/or Tier II Step Advancements will be withheld for both the rater and employee being rated if the performance evaluation has not been submitted on a timely basis in accordance with timeframes established by the LACERA director of human resources or by the retirement administrator or his or her designee. Upon submission of the performance evaluation, the employee being rated will be eligible for a retroactive Tier I Merit Salary Adjustment or Tier II Step Advancement based on his/her performance rating. However, in no case where a performance evaluation was not submitted on a timely basis shall the rater receive a retroactive Tier I Merit Salary Adjustment or Tier II Step Advancement.
4. Performance rating transition. For Participants previously evaluated under Civil Service Rule 20.04, the last performance evaluation rating under Civil Service Rule 20.04 shall be used for all purposes on or after October 1, 2008 and continuing only until a new performance rating is given under Tier I or Tier II of the Plan. Performance evaluation ratings under Civil Service Rule 20.04 shall be treated as they are the same as Tier I and Tier II Plan ratings as follows:
a. Permanent Employees.
"Outstanding"
= "Far Exceeded Expectations"
"Very Good"
= "Exceeded Expectations"
"Competent"
= "Met Expectations"
"Improvement Needed"
= "Needs Improvement Meeting Expectations"
"Unsatisfactory"
= "Failed to Meet Expectations"

b. Probationary Employees.
"Competent"
= "Met Expectations"
"Unsatisfactory"
= "Failed to Meet Expectations"

F. Appeal process.
1. Initial Review. In the case of a disputed individual performance evaluation and rating, the affected Participant shall be afforded full opportunity to present, in writing, his/her request for review and modification of the rating to the Participant's immediate supervisor. Such requests shall be made within 10 business days of receipt of a performance rating. The decision of the supervisor shall be final subject to review and reconsideration as outlined in subsection 2 of this section. In the case of an assistant executive officer, such presentation shall be made to the retirement administrator, whose decision shall be final.
2. LACERA Director of Human Resources Review. Within 10 business days of receipt of the decision of the supervisor under subsection 1 of this section, any affected Participant, except an assistant executive officer, may request review by the director of human resources and reconsideration by the supervisor for a performance rating of "Needs Improvement Meeting Expectations" or "Failed to Meet Expectations." The director of human resources shall review the process and submit recommendations to the retirement administrator, who will then render a final decision on the evaluation and rating. The decision of the retirement administrator shall be conclusive.
G. Tier I and Tier II Management Appraisal and Performance Plan General Salary Adjustment provisions. The retirement administrator shall recommend, as appropriate, and the board of retirement and board of investments jointly may approve General Salary Adjustments for Participants. General Salary Adjustments are adjustments that are across-the-board in nature and that affect the Salary Structure for Tier I and Tier II. General Salary Adjustments, where implemented, are intended to keep pace with external salary inflation and preserve internal pay relationships with other LACERA employees who are not Participants. In recommending a General Salary Adjustment, the retirement administrator shall consider both LACERA's operational needs, including the need to recruit and retain quality personnel under the Plan, and LACERA's ability to pay for the adjustments.
H. Tier I and Tier II Management Appraisal and Performance Plan basic salary structures.
1. Reassignment of Positions. The retirement administrator shall recommend to the board of retirement and board of investments reassignment of positions to higher or lower Tier I or Tier II Salary ranges when appropriate as necessitated by external market conditions or changes in the duties and responsibilities of affected positions.
2. Salary Rate Below the Minimum of the Salary Range. A Participant's salary may fall below the minimum of the Salary range as a result of a Salary Structure adjustment. In such case, there shall be no adjustment in the Participant's salary absent specific authorization and instruction from the board of retirement and board of investments jointly or the retirement administrator. When an employee's salary rate falls below the minimum of the Salary range, it shall not constitute a demotion.
3. Placement or movement in Salary Range. By specific action, the board of retirement and board of investments jointly or the retirement administrator may provide for salary placement or subsequent movement of an employee at any rate within the established Salary range for the position he/she holds. Movement in the Salary range may result in either an increase or decrease to a Participant's current salary.
4. Equivalency of Compensation. An employee who is receiving additional compensation pursuant to Section 6.10.070, Section 6.10.073 A and B, Section 6.44.015, Section 6.50.020, or Section 6.64.020 A of this code shall, at the time his or her position is assigned to the Plan, be designated a salary rate on the appropriate Salary range that is not less than his/her then current salary, including such additional compensation.
5. Change of Status. When a person receives a change of classification, is transferred, or is appointed from an eligible list to a position, such change of status shall not be deemed a promotion or demotion when there is a difference of less than 2.75 percent between the Control Point of the old Salary range and the Control Point of the new Salary range or between the Control Point of the new Salary range and the highest step of a position not designated for the Plan. Said person will be placed within the Salary range at his/her then current salary, or for Tier II, placed on the nearest step that does not result in a decrease in salary for the participant. Where the new position is outside the Plan, the employee's salary step placement shall be determined as otherwise provided by this code.
6. Reduction of Salary Range. When a person continues to hold a position whose Salary range is reduced or which is reclassified to a lower level, said person will be placed within the new Salary range at his/her current salary, or for Tier II, placed on the nearest step that does not result in a decrease in salary for the participant. If the current salary is higher than the new salary range maximum, said person's rate of pay shall be identified as a Y-Rate, which shall remain until such time as the Y-Rate is within the Salary range for the position.
7. Appointment to Lower-Level Position. When a person on a higher position is appointed from an eligible list to a lower-level position, or is voluntarily reduced, he/she shall be placed at any salary within the Salary range for the lower-level position or his/her current salary, whichever is less. Notwithstanding any other provision of this subsection 7, a person appointed prior to completion of his/her probationary period on the higher position shall be placed at a salary within the Salary range of the lower position, in accordance with the provisions of Section 6.08.345.
8. Equivalency of Grade. A class in Tier I is deemed to be equal in grade to a class in Tier II if the two Salary Ranges are equal in terms of the minimum and maximum rates as indicated by the numeric designation assigned to the Salary ranges. (A class compensated at LR10 in Tier I is, for example, equal in grade to a class compensated at LS10 in Tier II). A class in Tier I or Tier II is deemed equal in grade to a class paid in accordance with Chapter 6.08, Part 1 of this title if the top step of the class compensated under Part 1 is less than 2.75 percent above or below the Control Point of the Salary range for the Tier I or Tier II class as the case may be.
9. Exception for Certain Participants. The compensation of any Participant employed in a class or position designated by an item sub other than "A" or "L" pursuant to the provisions of Section 6.28.020 A shall be limited to that provided by this subsection. Such Participant shall be compensated at a salary rate not to exceed the Control Point of the Salary range or at any salary within the Salary range, with the concurrence of the retirement administrator. The salary rate for such Participants shall be adjusted in accordance with the approved General Salary Adjustments provided the retirement administrator certifies such Participant's performance is equivalent to "Met Expectations" or better.
I. Demotion. Upon demotion of a Participant from a higher-level position to a lower-level position the Participant's Salary shall be determined as follows:
1. Permanent Status. Any person who has completed the probationary period for the higher-level position and voluntarily demotes to another position on a lower Salary range shall be placed at any salary within the lower Salary range, provided said salary does not exceed the maximum of the new Salary range for the lower-level position or his/her current salary, whichever is less. When a person is involuntarily demoted for discipline or performance reasons, the Appointing Authority may place said person at any place within the Salary range of the lower-level position at a rate not to exceed his/her current salary.
2. Probationary Status. Any person demoted to another class prior to completion of the probationary period for the higher-level position shall be returned to the salary held prior to the promotion as though the person had never occupied the higher-level position.
3. Demotion to Position Outside the Plan. Any person demoted to a class not compensated pursuant to the provisions of this Section 6.127.040 shall be placed at an appropriate salary in accordance with the provisions of Section 6.08.110 of Part 1 of this code.
J. Reinstatement, reemployment, and restoration.
1. Reinstatement. The Salary of a person reinstated to a Tier I position following separation from County service will be determined in accordance with the provisions of Section 6.127.040 M.1 and the salary of a person reinstated to a Tier II position following separation from County service will be determined in accordance with the provisions of Section 6.127.040 P.1, as if the person was entering County service as a new hire. However, persons reinstated pursuant to Government Code Section 31680.7 may be placed at any salary rate not to exceed the salary paid to said person prior to retirement unless a higher rate is specifically authorized by the retirement administrator.
2. Reemployment. A person reemployed under Civil Service Rule 19.08 to the position held immediately prior to separation will be reemployed at the same salary rate within the Salary range for the position held prior to separation or the minimum of the Salary range, whichever is greater. A person reemployed on a different position than that previously held prior to separation will be reemployed at the maximum of the Salary range for the new position or at the same salary paid to said person prior to separation, whichever is the lesser. An employees whose last performance rating was "Needs Improvement Meeting Expectations" or "Failed to meet Expectations" shall not be reemployed.
3. Restoration. When a person is restored to a higher-level position in either Tier I or Tier II, the person may be placed within the Salary range at his/her current salary or his/her previous salary. If the salary falls below the minimum of the Salary range for the restored position, the employee shall be placed at the minimum of the Salary range for the restored position.
K. Special provisions. The provisions of Chapter 6.10 shall apply to Participants except as modified, deleted, or supplemented below. Special rates shall not be included in base salary for the purpose of calculating pay increases.
1. Temporary Assignments--Special Rate. Any Participant assigned to perform all of the significant duties of a higher-level position in an acting or temporary capacity during the absence from work of an incumbent of an included position or when such position is vacant for 30 calendar days or longer, shall be provided, during the term of the assignment, additional compensation of 5.5 percent. The retirement administrator may approve a higher amount that does not exceed the maximum of the Salary range for the higher level position and may waive the 30 day requirement based on the needs of the service.
2. Out-of-Class Assignments. The provisions of Section 6.10.040 shall not apply to Participants.
3. Manpower Shortage Recruitment Rates. The provisions of Section 6.10.050 shall not apply to Participants.
4. Manpower Shortage Ranges. The provisions of Section 6.10.060 shall not apply to Participants; provided, however, that in addition to all other compensation provided by this code, the retirement administrator may adjust the salary of one or more Participants up to 11 percent pursuant to provisions in Section 6.10.060 when such adjustment is necessary to preserve supervisory pay differentials or to maintain internal pay equity following adjustments in pay for non-participants pursuant to Section 6.10.050 or Section 6.10.060. Such additional compensation may be discontinued by the retirement administrator in the same manner and subject to the same terms and conditions as such pay under Section 6.10.050 may be discontinued for non-participants.
5. Additional Compensation for Supervisors. The provisions of Section 6.10.070 shall not apply to Participants; provided, however, that in addition to all other compensation provided by this code, the retirement administrator may adjust the salary of a Participant when such adjustment is appropriate to maintain a supervisory differential of up to 5.5 percent between the Participant and his/her highest paid subordinate providing such organization is permanent and has been approved by the retirement administrator. Such additional compensation may be discontinued by the retirement administrator in the same manner and subject to the terms and conditions as such pay under Section 6.10.070 may be discontinued.
6. Assignment of Additional Responsibility. The provisions of Section 6.10.073 shall apply to Participants except that such additional compensation authorized in accordance with the provisions of Section 6.10.073 shall be up to 11 percent of a Participant's current salary.
7. Merit Bonuses for Managers. The provisions of Section 6.10.075 shall not apply to Participants.
8. Acting Department Head--Additional Compensation. Participants may be provided additional compensation of 5.5 percent, unless a higher amount is approved by the retirement administrator.
9. Standby Pay. The provisions of Section 6.10.120 shall not apply to Participants.
L. Transition to Management Appraisal and Performance Plan -- Tier I and Tier II.
1. Notwithstanding any other provision of this code, any employee who, on September 1, 2008, was a Participant in the Plan and who, on October 1, 2008 is a Participant in Tier I of the Plan, as amended, shall receive no change in salary on October 1, 2008 as a consequence of any amendments to the Plan which became operative on that date. The Participant's actual salary in such case may or may not fall within the established Tier I Range.
2. Notwithstanding any other provisions of this code, any employee who, on September 1, 2008, was a Participant in the Plan and who, on October 1, 2008, is a Participant in Tier II of the Plan, as amended, shall, effective October 1, 2008, be placed on the Tier II salary step closest to the Participant's September 1, 2008 salary that does not result in a decrease in salary.
M. Tier I establishment of salary upon appointment. A person appointed to a class or position designated as participating in Tier I of the Plan shall be paid as follows:
1. Appointment of Persons Not Currently Employed by LACERA. The retirement administrator may designate a salary at any rate within the first three quartiles of the Salary range established for the position to which the person is being appointed. Appointment at a salary rate within the fourth quartile of the Salary range shall require prior approval by the board of retirement and board of investments jointly.
2. Promotional Appointments. A person being promoted from another position in county or LACERA service shall be compensated at a salary within the Salary range of the higher position, except that such person shall receive an increase of at least 5.5 percent, rounded to the nearest dollar, above his/her previous base salary but not less than the minimum of the Salary range. Persons compensated at a Y-Rate shall receive an increase of 5.5 percent, rounded to the nearest dollar, over the maximum of the Salary range for the person's present position. If the person would thereby suffer a reduction in salary, said person will be placed at his/her current salary or at such higher salary as may be specifically authorized by the retirement administrator.
N. Tier I General salary adjustment provision. General Salary Adjustments for Tier I Participants will take the form of a percentage change in the LR-Range Salary structure on specific dates approved by the board of retirement and board of investments jointly with concurrent changes in the actual salaries of Participants. Only Tier I Participants who have received a current performance evaluation of "Met Expectations" or better shall receive a General Salary Adjustment.
O. Tier I merit salary adjustment provisions. Annually, the retirement administrator shall recommend a Merit Salary Adjustment, ranging from a minimum of zero percent to a maximum of 5 percent. Such Merit Salary Adjustments shall be limited to Participants whose current performance rating is "Met Expectations" or higher and shall take effect on October 1st of each year except as otherwise provided by this Plan and provided further that such adjustment shall be limited to Participants who have worked at least six months in the Tier I position. Such adjustments may apply to and/or result in a salary that falls outside the established Tier I Salary range.
P. Tier II establishment of step placement upon appointment. A person appointed to a class or position designated as participating in the Tier II Management Appraisal and Performance Plan shall be paid as follows:
1. Appointment of Persons Not Employed by the county or LACERA . For persons not employed by the county or LACERA and who are appointed to positions participating in the Tier II Management Appraisal and Performance Plan, the retirement administrator may designate any step up to and including step 12 of the Salary range established for the position to which the person is being appointed, provided the retirement administrator makes a written finding based on an analysis of factors to justify hiring above the minimum of the Salary range. Appointment to a salary rate greater than step 12 shall require prior approval of the board of retirement and board of investments jointly.
2. Promotional Appointments. A person being promoted from another position in county or LACERA service shall be compensated at a salary within the Salary range of the higher position, except that such persons shall receive an increase of at least 5.5 percent, plus step placement, above his/her previous base salary, but not less than the minimum of the Salary range. Promotional increases greater than 5.5 percent, plus step placement, shall require the approval of the retirement administrator. Persons compensated at Y-Rate shall receive the salary within the Salary range of the higher-level Position which provides an increase of 5.5 percent over the maximum of the Salary range for the person's present position. If the person would thereby suffer a reduction in salary, said person will be placed at his/her current salary or as such higher salary as may be specifically authorized by the retirement administrator.
Q. Tier II General salary adjustment provision. General Salary Adjustments for Tier II Participants will take the form of a percentage change in the LS-Range Salary structure on specific dates approved by the board of retirement and board of investments jointly with concurrent changes in the actual salaries of Participants.
R. Tier II Step advancement provisions.
1. In accordance with guidelines issued by the retirement administrator, each Tier II Participant may be eligible on October 1st of each year for advancement to the next salary step on the applicable Tier II LS Range. Such step advancement shall be limited to Participants who have worked at least six months on their current salary step and who otherwise meet the conditions for salary step advancement set forth in the Plan.
2. Step Advancement up to and including step 12 requires, in addition to the provisions of subsection A above, that a Participant have a current performance rating of at least "Met Expectations."
3. Step Advancement beginning with Step 13 and above requires, in addition to the provisions of subsection A above, that a Participant have a current performance rating of at least "Exceeded Expectations" or better. (Ord. 2009-0013 § 11, 2009.)