§ 6.08.080. Interdepartmental transfers.

A.

When a person is transferred, he shall be entitled to the same rate of compensation as he would have received had he not been transferred.

B.

Any person receiving compensation at a Y Rate may retain such Y Rate after transfer, promotion, only if the chief administrative officer finds after investigation that retention of such Y Rate is consistent with the reasons for which it was originally authorized.

C.

When a person compensated on a monthly basis changes from a position in one department of the county to a position in another department, and a Saturday, Sunday or holiday intervenes between the time of finishing work in one department and starting in another, he shall be compensated for these days by the department he is leaving at the rate paid in the position he is leaving.

D.

When a person is transferred, any unused current or deferred vacation, accumulated overtime, accumulated holiday time, or accumulated sick leave to which he may be entitled at the time of transfer shall be transferred in whole to the department to which he is transferred. Payment for such accumulated overtime and vacation may be made in a lump-sum payment if specifically authorized by the chief administrative officer. This subsection D shall not apply to persons appointed to any position paid as a county officer pursuant to Section 6.28.020 of this code. When a person appointed by the board of supervisors to such position prior to July 19, 1994, ceases to hold such position, he shall have restored to him benefits to which he was entitled prior to such appointment, less any time chargeable to such benefits had such office not been subject to Item L of Section 6.28.020. A person who has held such a position for five or more years shall not receive compensation upon termination for benefits restored under this paragraph. A person who has held such a position for less than five years shall be entitled to compensation upon Separation from Service for unused restored benefits, less one day of such benefits for each month served as a county officer. Payments pursuant to this subsection D to persons holding office subject to Item L of Section 6.28.020 shall be in lieu of payments pursuant to subsection C of Section 6.18.070, except payments made by reference to subsection A of Section 6.18.070; provided further, that such persons may elect to be paid either the amount specified in this subsection D or that specified in Section 6.18.070C, whichever is greater, but in no event to exceed the maximum amount payable pursuant to Section 6.18.070C. Any person appointed by the board of supervisors or elected on or after July 19, 1994, to a position paid as a county officer, shall be paid upon termination from county service for benefits accrued prior to such appointment or election which would, as provided in Titles 5 and 6 of this code, be paid upon termination from county service if such appointment or election had not occurred. Any such payment shall be calculated at the rate of pay in effect immediately prior to appointment or election to such position.

1.

With regard to any person appointed or elected to a position paid as a county officer on and after January 1, 2005, the term "termination from county service" as used in this section 6.08.080D shall mean a Separation from Service as defined herein.

2.

Payments made pursuant to this section 6.08.080.D upon a Separation from Service shall be made on or before the 30th day following the employee's Separation from Service.

3.

For purposes of this section 6.08.080.D., Separation from Service occurs when the employee terminates employment (including a termination from employment due to death or retirement) with the county (and any other public entity of which the Los Angeles County board of supervisors is the governing body).

a.

A termination of employment will have occurred only if the county and employee reasonably anticipate that the level of bona fide services to be performed by the employee after that date (whether as an employee or an independent contractor) will permanently decrease to no more than 49% of the average level of bona fide services performed (whether as an employee or an independent contractor) over the immediately preceding testing period. For these purposes, the testing period is the preceding 36-month period or the full period of services to the county if the employee has been providing services for less than 36 months.

b.

A termination of employment does not occur while the employee is on a Bona Fide Leave of Absence (as defined herein) if the period of such leave does not exceed 6 months or, if longer, so long as the individual retains a right to reemployment with the county under applicable statute, ordinance or contract. A Bona Fide Leave of Absence includes military leave, sick leave or other bona fide leave of absence under applicable rules, provided that there is a reasonable expectation that the employee will return to perform services for the county. If the Bona Fide Leave of Absence exceeds 6 months and the individual does not retain a right to reemployment under applicable statute, ordinance or contract, the employment relationship is deemed to terminate on the first date immediately following that 6-month period. Notwithstanding the foregoing, if a Bona Fide Leave of Absence is due to any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than six months, and where the impairment causes the employee to be unable to perform the duties of his or her position of employment or any substantially similar position of employment, a period of 29 months is substituted for the 6-month period otherwise applicable under this provision.

c.

For purposes of section 6.08.080.D.3.a., for periods during which an employee is on a Bona Fide Leave of Absence (as defined in section 6.08.080.D.3.b.) and has not otherwise terminated employment, the employee is treated as providing bona fide services at a level equal to the level of services that the employee would have been required to perform to receive the compensation paid during that Bona Fide Leave of Absence. Periods during which the employee is on an unpaid Bona Fide Leave of Absence are disregarded for the purposes of section 6.08.080.D.3.a.

(Ord. 2008-0071 § 12, 2008; Ord. 94-0080 § 1, 1994: Ord. 94-0063 § 1, 1994: Ord. 94-0053 § 1, 1994: Ord. 6222 Ch. 1 Art. 5 § 76, 1953.)