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Excluded Employees

CalHR Relocation Rules for Excluded Employees

 
The following rules appear in the California Code of Regulations under Title 2, Division 1, Chapter 3, Subchapter 1:
 
 
599.714.1 - Scope - Excluded Employees
599.715.1 - Reimbursement for Miscellaneous Expenses - Excluded Employees
599.716.1 - Reimbursement for Sale of Residence - Excluded Employees
599.717.1 - Settlement of Lease - Excluded Employees
599.718.1 - Expense for Moving Household Effects - Excluded Employees
599.719.1 - Reimbursement for Moving Household Effects - Excluded Employees
599.720.1 - Reimbursement for Movement of a Mobile Home - Excluded Employees
599.722 - Relocation Subsistence Reimbursement and Mileage - Excluded Employee
599.723.1* - Travel and Moving Expenses of Persons who Change Their Place of Residence to Accept Employment with the State - Excluded Employee
599.723.2** - Relocation of New Hire - International Trade Office Director - Excluded Employee
599.724.1 - Payment of Claims for Moving and Relocation Expenses - Excluded Employees
* This rule is for new hires only.
** This rule is for hires to Foreign Office of the T&C Agency only.
 
 

SEC.  599.714.1.  SCOPE    EXCLUDED EMPLOYEES.  

   (a) Whenever a permanent state officer or employee is required by any appointing power because of a change in assignment, promotion or other reason related to his/her duties, to change his/her place of residence, such officer, agent or employee shall receive reimbursement of his/her actual and necessary moving and relocation expenses incurred by him/her both before and after and by reason of such change of residence, subject to the provisions and limitations of this article.
   (b) For the purposes of this article, a move occurs on the official reporting date to the new headquarters, and when a change in residence is reasonably to be required.  Relocation shall be paid, when the following conditions are met:
   (1) The officer's or employee's officially designated
headquarters is changed for the advantage of the State, which includes the following:
   (A) A promotion offered by any appointing authority, not including those movements that the employee could make through transfer, reinstatement or reemployment eligibility; or
   (B) An involuntary transfer initiated by and at the discretion of the appointing authority,
   (C) Any involuntary transfer required to affect a mandatory reinstatement following:
   (I) termination of a career executive or exempt appointment
   (II) leave of absence
   (III) rejection from probation
   (D) any involuntary transfer required to affect a mandatory reinstatement following the expiration or involuntary termination of a temporary appointment, limited term appointment or training and development assignment when:
   (I) the employee did not relocate to accept the appointment or assignment, or
   (II) the employee did relocate, at State expense, to accept the appointment or assignment.
   (2) The move must be a minimum of 50 miles plus the number of miles between the old residence and the old headquarters.
   (3) Relocations that meet the above criteria will be fully reimbursed to the extent and limitations in this article.
   (c) A change of residence is not deemed reasonably to be required for voluntary transfers or permissive reinstatements, with or without a salary increase, in response to general requests which specify that moving and relocation expenses will not be paid, or for any non promotional transfer which is primarily for the benefit of the officer or employee.
   (d) When an appointment does not meet the criteria in (a) and (b) the appointing power may, at his/her discretion, determine in advance that it is in the best interest of the State to reimburse all or part of the actual reasonable and necessary relocation expenses provided in this article as an incentive to recruit employees to positions that are designated by the appointing power as difficult to fill or because of outstanding qualifications of the appointee, or due to unusual and unavoidable hardship to the employee by reason of the change of residence.
   (1) Relocations that meet this criteria shall be reimbursed only for the items in this article specifically authorized by the appointing power and may be subject to further limitations designated by the appointing power.
   (2) Upon determination that any reimbursement will be made, the appointing power shall:
   (A) Determine which provisions will apply to the relocation and establish any additional limitations to those provisions such as dollar limits, weight limits or time limits.
   (B) Notify the employee, in writing, of specific allowable reimbursements prior to the move.
   (e) Requirements and limitations specified in this article may not be waived or exceeded by the appointing power.
   (f) Unauthorized relocation expenses and relocation expenses incurred prior to receipt of a written notice of allowable relocation expenses are the responsibility of the employee.
 
 

SEC. 599.715.1.  REIMBURSEMENT FOR MISCELLANEOUS EXPENSES- EXCLUDED EMPLOYEES.

   An officer or employee who is required to change his/her place of residence according to Section 599.714.1 may receive reimbursement for up to $200 for miscellaneous expenses upon submittal of documentation of the payment of all such expenses and certification that the expenses were related to dissolution of the old household and/or the establishment of a new household and were not otherwise reimbursed.
   (a) Reimbursement for the installation and/or connection of appliances or antennas purchased after the change of residence shall be allowed provided no claim is made for installation and/or connection of a similar item in the movement of household goods, and installation and/or connection occurs within sixty days of the establishment of a new residence.
   (b) Deposits are not reimbursable.
 
 

SEC. 599.716.1  REIMBURSEMENT FOR SALE OF A RESIDENCE – EXCLUDED EMPLOYEE.

   (a) Whenever a state officer or employee is required, as defined in Section 599.714.1 to change his/her officially designated headquarters and this requires the sale of his/her residence the officer or employee shall be reimbursed only for actual and necessary selling costs as determined by prevailing practices within the area of sale.  Claims for reimbursement must be substantiated by the seller's closing escrow statement and other pertinent supportive documents.  Seller's points are not eligible for reimbursement.   Claims will include only those items which are listed in the following subsection.
   (b) Actual and necessary selling costs are:
   (1) Brokerage commission; and
   (2) Title insurance; and
   (3) Escrow fees; and
   (4) Prepayment penalties; and
   (5) Taxes, charges or fees fixed by local authority required to consummate the sale of the residence; and
   (6) Miscellaneous sellers costs customary to the area, not to exceed $200.
   (c) Actual and necessary selling costs will be reimbursed for that portion of the dwelling the employee actually occupies if the employee or officer owns and resides in a multi family dwelling.
   (d) Commissions and fees will not be reimbursed if paid to the employee, the employee's spouse or the spouse's employer, or to any member of the household.
   (e) Claims for the sale of a residence must be submitted within two years following the date the officer or employee reports to the new official headquarters.  No extensions will be allowed thereafter.
   (f) Rebates to employees will be deducted from the claim prior to reimbursement.
 
 

SEC. 599.717.1.  SETTLEMENT OF A LEASE   EXCLUDED EMPLOYEE.  

   (a) Whenever an officer or employee is required, as defined by Section 599.714.1(a) to change his/her place of residence and such change requires the settlement of a lease on the employee's old residence, the officer or employee shall receive the actual and necessary cost of settlement of the unexpired lease to a maximum of one year.  In no event shall the lease settlement include any costs, deposits or fees.
   (1) Reimbursement shall not be allowed if it is determined that the officer or employee knew or reasonably should have known that a transfer according to Section 599.714.1 was imminent before entering into a lease agreement.
   (2) Claims for settlement of a lease shall include a lease agreement signed by both the employee and the lessor, and shall be itemized and submitted within nine months following the new reporting date.
   (b) If an employee is required under 599.714.1(a) to change his/her place of residence and such notice to the employee is insufficient to provide the employee the notice period required by a month to month rental agreement, reimbursement may be claimed for the number of days penalty paid by the employee to a maximum of 30 calendar days.
   (1) Reimbursement shall not be allowed for days that the employee failed to notify the landlord after notification by the employer of the reassignment.
   (2) Claims shall be accompanied by a copy of the rental agreement, an itemized receipt for the penalty and the name and address of the individual or company to which the rental penalty has been paid.
   (c) No reimbursement shall be made for forfeiture of cleaning or security deposits, or for repair, replacement or damages of rental property.
 
 

SEC. 599.718.1.  EXPENSES FOR MOVING HOUSEHOLD EFFECTS EXCLUDED EMPLOYEES.  

   (a) For the purpose of these regulations, household or personal effects include items such as furniture, clothing, musical instruments, household appliances, food, and other items which are usual or necessary for the maintenance of one household.
   (b) Household effects shall not include items connected to a for profit business, items from another household, items that are permanently affixed to the property being vacated or items that would normally be discarded or recycled.
   (c) At the discretion of the appointing power, other items may be considered household effects based on a consideration of the estimated cost of the move and a review of the items listed on the inventory.  Expenses related to moving items other than those described in (a) that have not been approved by the appointing power shall be the responsibility of the employee.
 
 

SEC. 599.719.1.  REIMBURSEMENT FOR MOVING HOUSEHOLD EFFECTS EXCLUDED EMPLOYEES.  

   Reimbursement shall be allowed for the cost of moving an employee's effects either via commercial household goods carrier or by the employee.  Reimbursements under this rule shall not exceed the cost of moving the employee's household goods from the old residence to the new headquarters plus 50 miles unless the appointing authority determines that a longer move is in the best interest of the State.  Any additional expense associated with an interstate or intercountry move shall be approved in advance by the appointing power.  No reimbursement will be allowed for the hiring of casual labor.
   (a) When the employee retains a commercial mover,  reimbursement for actual and necessary expenses incurred by a commercial mover under this article for the packing, insurance, one pickup, transportation, storage in transit (not including warehouse handling charges except when required by interstate tariffs), one delivery, unpacking, and installation at the new location of an employee's household effects shall be allowed subject to the following:
   (1) Weight of household effects for which expenses may be reimbursed shall not exceed 5,000 kilograms (11,000 pounds).
   (2) Duration of storage in transit for which charges may be reimbursed shall not exceed 60 calendar days unless a longer period of storage is approved in advance by the appointing authority based on hardship to the employee.
   (3) Rates at which reimbursement is allowed shall not exceed the minimum rates, at the minimum declared valuation, established by the California Public Utilities Commission for household goods carriers, unless a higher rate is approved by the Department of General Services.
   (4) Cost of insurance for which reimbursement is allowed shall not exceed the cost of insurance coverage at $2.00 valuation for each pound of household effects shipped by household goods carrier.
   (5) Claims for exceptions to the 11,000 pounds statutory limit will be considered by the appointing authority, up to a maximum of 23,000 pounds, only when it has been determined that every reasonable effort had been made to conform to the limit.  Exceptions to the number of pick ups and deliveries may be made by the appointing power when it is reasonably necessary and in the best interest of the state.
   (b) When the employee does not retain a commercial mover, reimbursement shall be allowed as follows for expenses related to the movement by the employee of his/her household effects in a truck or trailer.
   (1) Rental of a truck or trailer from a commercial establishment.  When not included in the truck rental rate, the cost of gasoline, rental of a furniture dolly, packing cartons and protective pads will be reimbursed.  If the total costs exceed $1,000 the claim must be accompanied by at least one written commercial rate quote.  Reimbursement will be made at the rate (including gasoline) which results in the lowest cost; or
   (2) Mileage reimbursement at the rates provided in Section or 599.631.1(b) for noncommercial privately owned motor vehicles used in transporting the employee's household effects.
   (3) Reimbursement for more than one trip by the method described in (b)(1) or (2) above may be allowed if the employee's agency has determined that the total cost would be less than the cost of movement by a commercial household goods carrier.
   (c) If household goods are moved exclusively in the employee's personal vehicle, reimbursement for mileage may be claimed at the State mileage rate.  No other mileage or moving expense shall be allowed.
   (d) All claims for the reimbursement of the movement of household goods require receipts.  Unless an exception is granted by the appointing authority, claims shall be submitted no later than 2 years and 60 days from the effective date of appointment or 15 days prior to voluntary separation, whichever is first.
 
 

SEC. 599.720.1.  REIMBURSEMENT FOR MOVEMENT OF A MOBILE HOME  EXCLUDED EMPLOYEES.  

   For the movement of a mobile home which contains the household effects of an officer or employee, and has served as the employee's residence at the previous location at the time of notification of relocation, reimbursement will be allowed as follows:
   (a) Where transportation of the trailer coach is by a commercial mobile home transporter and receipts are submitted:
   (1) For tolls, taxes, charges, fees or permits fixed by the State or local authority required for the transportation or assembly of trailer coaches actually incurred by the employee.
   (2) Charges for disassembly and assembly of the trailer, including but not limited to, disassembly and assembly of trailer, skirts, awnings, porch, the trailer coach itself and other miscellaneous documented, itemized expenses related to the dissolution of the old household and/or the establishment of the new household, up to $2,500 unless an exception is approved by the appointing power.
   (3) Reimbursement will be allowed for the actual cost supported by voucher of rental and installation of wheels and axles necessary to comply with the requirements of Chapter 5, Article 1 of the California Vehicle Code.
   (4) Three competitive bids shall be obtained and reimbursement will be approved at the lowest bid.  Based on information documenting the attempt to obtain three bids as provided by the employee, the appointing power may waive the three bid requirement.
   (5) Reimbursement received under this section precludes any additional reimbursement for miscellaneous expenses under Section 599.715.1.
   (6) Movement of the trailer coach at rates not exceeding the minimum rates established by the California Public Utilities Commission for mobile home transporters:
   (7) Charges at P.U.C. minimum rates to obtain permits identified above;
   (8) Storage in transit for up to 60 calendar days at P.U.C. minimum rates, unless an extension is approved by the appointing authority.
   (b) Where transportation of the coach is by the employee, expense may be claimed for a one way trip by submitting gasoline receipts.
   (c) Reimbursement will not be allowed for:
   (1) Purchase of parts and materials except for those items necessary to comply with minimum requirements of the California Administrative Code, Title 25, Chapter 5.
   (2) Repairs including tires and tubes, and breakdown in transit.
   (3) Costs associated with maintenance or repair of the trailer coach.
   (4) Costs for separate shipment of household effects by a household goods carrier unless that is determined to be the most economical method of transport.
   (5) Costs associated with the movement or handling of permanent structures.
   (d) All claims related to the movement of a trailer coach and the household goods therein require receipts and shall be submitted no later than 2 years and 60 days from the effective date of appointment, or 15 days prior to voluntary separation, whichever is first.  No extensions will be granted.
 
 

SEC. 599.722.  RELOCATION SUBSISTENCE REIMBURSEMENT AND MILEAGE  EXCLUDED EMPLOYEES.

   An excluded employee is defined in Section 599.619.
   (a) If eligible under Section 599.714.1(a), an officer or employee shall be reimbursed for actual lodging, supported by a receipt, and meal and incidental expenses in accordance with and not to exceed the rates established in Section 599.619(a)(1) and (2) while locating a permanent residence at the new location. Employees who do not furnish receipts for lodging may be reimbursed for meals only in accordance with 599.619(a).  A permanent residence is typically an abode that is purchased or rented on a monthly basis, of a type that provides long term living accommodations, where any utilities are hooked up (gas, electric, cable, phone), and mail is delivered.
   (1) Reimbursement may be claimed for up to 60 days, except an extension of up to 30 days may be granted when the Appointing power has determined in advance that the delay of change of residence is a result of unusual and unavoidable circumstances that are beyond the control of the officer or employee.  The maximum reimbursement to be received by said officer or employee shall not exceed the equivalent dollar amount of 60 days of full meals, incidentals, and receipted lodging.
   (2) Interruptions in relocation caused by sick leave, vacation or other authorized leaves of absence shall be reimbursable at the option of the employee providing the employee remains at the new location and is actively seeking a permanent residence.
   (3) The relocation subsistence claim shall terminate immediately upon establishment of a permanent residence.  The appointing power shall determine when a permanent residence has been established.
   (4) Partial days shall count as full days for the purpose of computing the 60 day period.
   (b) Upon approval of the Appointing Power, meals and/or lodging expenses, for up to fourteen days, arising from trips to the new location for the sole purpose of locating housing shall be reimbursed in accordance with Section 599.619(a)(1) and (2), or 599.619(c)(1), or 599.619(d).  Claims for reimbursement of meals/lodging expenses in this item are limited to those incurred after receipt of formal written authorization for relocation and prior to the effective date of appointment.  The period claimed shall be included in the computation of the 60 day relocation period.
   (c) Reimbursement for travel from the old residence to the new headquarters may be claimed one way one time and shall not exceed the mileage rate allowed in 599.631(a).
 
 

SEC. 599.723.1  TRAVEL AND MOVING EXPENSES OF PERSONS WHO ARE REQUIRED TO CHANGE THEIR PLACE OF RESIDENCE IN ORDER TO ACCEPT EMPLOYMENT WITH THE STATE- EXCLUDED EMPLOYEES.

   (a) Reimbursement may be allowed for all or part of the travel and moving expenses of professional and technically trained persons who are required to change their place of residence to accept employment with the State under the following conditions:
   (1) The employee must have been appointed to a position or class for which the appointing power has certified that such expenditure is necessary in order to recruit qualified persons needed by the State.
   (2) The employee must have changed his/her place of residence for the purpose of accepting employment with the State.
   (3) The employee is new to State employment or reinstating to State employment after a permanent separation.
   (4) The established headquarters is more than 75 miles from the employee's primary residence.
   (b) An employee who meets the criteria established in (a) above may, at the discretion of the appointing power, be reimbursed for relocation expenses as follows:
   (1) Reimbursement for the expenses for the movement and storage of household goods in accordance with 599.718.1, 599.719 and 599.724.1 to a maximum of $1,000.
   (2) Reimbursement for travel from the old residence to the new residence at the rate of 9 cents per mile.  Reimbursement for travel expenses of members of the employee's family will not be allowed.
   (c) With advance approval from the Director, Department of Personnel Administration, an employee who meets the criteria in (a) may, at the discretion of the appointing power be reimbursed for relocation expenses, in addition to those in (b)(1) and (b) above, for all or part of the following:
   (1) Reimbursement for a maximum of 30 days of temporary lodging and meals at the new headquarters location, limited to the conditions, maximums and receipt requirements applicable to state employees travel reimbursements as set forth in 599.619(a) and (b).  Up to 14 of the 30 days may be used for pre-move house hunting at the new headquarters location, reimbursable after the report date.
   (2) As described in 599.715.1, reimbursement for up to $200 of receipted expenses for installation, connection, or assembly of appliances, antennas or utilities that are related to the establishment of the new household.  Deposits are not reimbursable.
   (d) Advance approval of the Appointing Power and the Department of Finance is required for any reimbursement or combination of reimbursements under this rule that exceeds $1,000.  Claims for reimbursement of relocation expenses under this rule must be submitted no later than 6 months from the reporting date.  No reimbursement will be issued prior to the employee reporting to the new headquarters.
   (e) If an employee whose travel and moving expenses have been so paid does not continue his/her employment with the State department for a period of two year (unless the discontinuance of his/her employment was the result of death, prolonged illness, disability, unacceptable assessment of the employee by that state department, or similar eventualities beyond the control of the employee as determined by the appointing power), he/she repay the following percentage of the amount received as reimbursement for such travel and moving expenses:
   100 percent if employed less than 6 months.
   75 percent if employed 6 months but less than 12 months.
   50 percent if employed 12 months but less than 18 months.
   25 percent if employed 18 months but less than 2 years.
 
 

SEC. 599.723.2.  RELOCATION OF NEW HIRE -INTERNATIONAL TRADE OFFICE DIRECTOR-EXCLUDED  

   Reimbursement for relocation expenses for any new hire is at the discretion of the appointing authority.  Other approvals may be required as noted. Application of this rule precludes application of any part of rule 599.723.1.
   (a) Reimbursement may be allowed for all or part of the travel and moving expenses of persons who change their place of residence to accept employment with the state in an appointment to the position of International Trade Office Director at a foreign location under the following conditions:
   (1) Appointee must be changing the place of residence in order to accept employment with the state, and
   (2) Appointment is to be a position that is headquartered in a foreign country and more than 75 miles from the appointee’s primary residence, and
   (3) The appointee is new to State employment or is being re-appointed to State employment after a permanent separation.
   (b) Appointees who meet the criteria in (a) may be approved to receive the following reimbursement of relocation expenses
   (1) Reimbursement for the expenses for the movement and storage of household goods in accordance with 599.718.1, 599.719 and 599.724.1 to a maximum of $10,000.
   (2) Reimbursement for one coach airfare to the new headquarters location for the appointee only
   (c) With advance approval from the Director, Department of Personnel Administration, an appointee who meets the criteria in (a) may, at the discretion of the appointing power be reimbursed for relocation expenses, in addition to those in (b)(1) and (2) above, for all or part of the following:
   (1) Reimbursement for a maximum of 90 days of actual expense for temporary lodging and meals at the new headquarters location, limited to the conditions, and receipt requirements applicable to state employee travel reimbursements as set forth in 599.619(a), not to exceed the lodging, meal and incidental rates as set forth by the U.S. Department of State Section 925, Maximum Travel Per Diem Allowances for foreign Areas and Federal Travel Regulation Chapter 301, Appendix B, and as noted below. Reimbursement rates will be as follows:
   A. For the first 30 days, 100% of the employee’s actual meal and lodging expenses; Up to 14 of the 30 days may be used for pre-move house hunting at the new headquarters location, reimbursable after the report date.
   B. If permanent housing has not been acquired within 30 days, reimbursement for an   additional 30 days may be granted at 65% of actual expenses for meals and lodging.
   C. If permanent housing has not been acquired within 60 days, an additional 30 days may be granted at 55% of the actual expenses for meals and lodging. Reimbursement for temporary lodging will be terminated on the 91st day after arrival at the new headquarters or on the date permanent housing is acquired, whichever is first.
   (2) Reimbursement for up to $200 of receipted miscellaneous expenses at the new location for installation, connection or assembly of appliances, antennas or utilities that are related to the establishment of the new household.  Deposits are not reimbursable.
   (d) Advance approval of the appointing power and the Department of Finance is required on any reimbursement or combination of reimbursements under (b) and or (c) above which exceed a total of $10,000. Claims for reimbursement of appointment relocation expenses under this rule must be submitted no later than 6 months from the report date.  No reimbursement will be issued prior to the appointee reporting to the new headquarters, or for expenses not approved, or not incurred, or for non-substantiated expenses, or for expenses provided or reimbursed in another way.
   (e) If an appointee whose travel and moving expenses have been so paid does not continue his/her employment with that State department for a period of two years (unless the discontinuance of his/her employment was the result of death, prolonged illness, disability, change of administration, unacceptable assessment of the appointee by that state department, or similar eventualities beyond the control of the appointee as determined by the appointing power), he/she shall repay the following percentage of the amount received as reimbursement for such travel and moving expenses:
   100% if employed less than 6 months,
   75% if employed 6 months but less than 12 months,
   50% if employed 12 months but less than 18 months,
   25% if employed 18 months but less than 2 years.
   (f) Upon completion of two years of satisfactory service in the position of International Trade Office Director, and immediately prior to a no fault termination of appointment or termination as a result of a change in administration, the appointee shall, upon approval of the appointing power, receive a one-time repatriation differential as follows: 
   (1) Repatriation Differential payment will be equal to the total of the amounts reimbursed, upon appointment, for the movement of household goods and the one one-way coach air fare as provided in (b)(1) and (2) above to a maximum of $5,000.
   (2) Should the appointment be terminated by the state before two years as a result of a change of administration, the repatriation differential shall be approved up to the amount in (f)(1) above.
   (3) No other or additional repatriation relocation differential or reimbursement will be made.
   (g) Items of expense not specifically provided for in this rule shall not be reimbursed.
 
 

SEC. 599.724.1.  PAYMENT OF CLAIMS FOR MOVING AND RELOCATION EXPENSES   EXCLUDED EMPLOYEES.  

   (a) The Department of Personnel Administration shall be responsible for prescribing any specific procedures necessary for effective and economical operation of this article.  Claims shall be made on authorized forms, scheduled in the normal manner and submitted through regular channels to the State Controller for payment.  All claims must be substantiated by invoices, receipts or other evidence for each item claimed.
   (b) Agencies may contract directly with the carrier for movement of household effects of officers and employees at state expense, subject to the same restrictions as if the shipment was arranged by the officer or employee and reimbursed by the State.
   (c) If the change in residence results in the salary of the officer or employee being paid by a different appointing power, all allowable moving and relocation expenses shall be paid by the new appointing power except where the old appointing power agrees to pay all or part of the expenses allowable under this Article.
   (d) Each department shall be responsible for insuring that upon notice to the employee of an impending move, a copy of these rules shall be given to the officer or employee.
   (e) When exceptions have been granted by an appointing authority, the written justification of those exceptions shall be maintained with the applicable claims.
 
  Updated: 2/9/2012
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