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Represented Employees

CalHR Relocation Rules for Represented Employees

 The following rules appear in the California Code of Regulations under Title 2, Division 1, Chapter 3, Subchapter 1:

 

599.714 - Scope - Represented Employees

599.715 - Reimbursement for Miscellaneous Expenses - Represented Employees

599.716 - Reimbursement for Sale of Residence - Represented Employees

599.717 - Settlement of Lease - Represented Employees

599.718 - Expense for Moving Household Effects - Represented Employees

599.719 - Reimbursement for Moving Household Effects - Represented Employees

599.720 - Reimbursement for Movement of a Mobile Home - Represented Employees

599.721 - Relocation Allowance - Represented Employees

599.723 - Travel and Moving Expenses of Persons who Change Their Place of Residence to Accept Employment with the State - Represented Employee

599.724 - Payment of Claims for Moving and Relocation Expenses - Represented Employees

 

 

SEC. 599.714.  SCOPE.

   (a) Whenever a 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 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 of this article.

   (b) For the purposes of this article, a move occurs on the official reporting date to the new headquarters, and a change in residence is reasonably to be required 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; or

   (B) A non-promotional transfer deemed to be in the best interests of the state by the officer's or employee's appointing authority; or

   (C) A transfer of an officer or employee by his/her or another appointing authority in lieu of a layoff of the officer or employee.

   (2) The normal commute distance must be as designated between all the following locations:

   (A) At least 56 kilometers (35 miles) between the old headquarters and the new headquarters; and

   (B) At least 56 kilometers (35 miles) between the old residence and the new residence; and

   (C) At least 56 kilometers (35 miles) between the old residence and the new headquarters; and

   (D) The new residence shall not be farther from the new headquarters than the old residence is from the new headquarters.

   (c) A change of residence is not deemed reasonably to be required for voluntary non-promotional transfers 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) Reimbursement for moves that do not conform to the established criteria may be granted when the Director of the Department of Personnel Administration has determined in advance that the officer or employee will be subject to unusual and unavoidable hardship by reason of the change of residence.

 

 
SEC. 599.715.  ALLOWANCE FOR MISCELLANEOUS EXPENSES.
   An officer or employee who is required to change his/her place of residence according to Section 599.714 may receive up to $100 for miscellaneous expenses upon certification that such expenses were incurred because of the relocation and were not otherwise reimbursed.  Up to $200 for miscellaneous expenses may be authorized 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.
   (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 dismantling, disconnecting, or shipment of a similar item, and
   (b) Installation and/or connection occurs within ten days of the establishment of a new residence.
 

SEC. 599.716.  REIMBURSEMENT FOR SALE OF A RESIDENCE.
   (a) Whenever a state officer or employee is required, as defined in Section 599.714 to change his/her officially designated headquarters which 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 and 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) Except as provided in subsection (e), claims for the sale of a residence must be submitted within one year following the date the officer or employee reports to the new official headquarters.  An extension of not more than six months may be granted by the Director of the Department of Personnel Administration upon receipt of evidence warranting such extension prior to the expiration of the one year period.
   (e) For nonrepresented employees as defined in Section 599.619 of these regulations, 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.
 
 
SEC. 599.717.  SETTLEMENT OF A LEASE.
   (a) Whenever an officer or employee is required, as defined by Section 599.714, to change his/her officially designated headquarters 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.
   (b) 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 was imminent before entering into a lease agreement.
   (c) Claims for settlement of a lease shall be documented and itemized and submitted within six months following the new reporting date except that the Director of the Department of Personnel Administration may grant an extension of not more than three months upon receipt of evidence warranting such extension prior to the expiration of the six-month period.
   (1) The claim may be a signed agreement between the officer or employee and the lessor or it may be made unilaterally by the officer or employee.
   (2) In no event shall the final settlement by the state exceed one year's rent nor shall it include any costs, deposits or fees.
 

SEC. 599.718.  EXPENSES FOR MOVING HOUSEHOLD EFFECTS.
   For the purpose of these regulations, household or personal effects include items such as furniture, clothing, musical instruments, household appliances, foods, and other items which are usual or necessary for the maintenance of a household.  Household effects shall not include automobiles;  other motor vehicles; farm tractors, implements, and equipment;  trailers with or without other property; boats; all animals, livestock or pets; belongings which are not the property of the immediate family of the officer or employee; belongings related to commercial enterprises engaged in by the officer or employee; firewood; fuels; bricks, sand, ceramic wall tile, wire fence or other building materials; or wastepaper and rags.
 
 
SEC. 599.719.  REIMBURSEMENT FOR MOVING HOUSEHOLD EFFECTS.
   Reimbursement shall be allowed for the cost of moving an employee's effects either via commercial household goods carrier or by the employee.  No reimbursement will be allowed for the hiring of casual labor.
   (a) Either reimbursement for actual and necessary expenses incurred under this article for the packing, insurance, transportation, storage-in-transit (not including warehouse handling charges except when required by interstate tariffs), unpacking, and installation at the new location of an employee's household effects shall be allowed subject to the following limits:
   (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.
   (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 $1.50 valuation for each pound of household effects shipped by household goods carrier.
   (b) Or 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 will be reimbursed.  If the total costs exceed $300, the claim must be accompanied by at least three written commercial rate quotes.  Reimbursement will be made at the rates (including gasoline) which result in the lowest cost;
   (2) Distance at the rates provided in Section 599.630(b) or 599.631(b) for noncommercial privately-owned motor vehicles used in transporting the employee's household effects.
   (c) Reimbursement for more than one trip 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.
   (d) The maximum allowances prescribed by this section may be exceeded in cases where the Director of the Department of Personnel Administration has determined in advance that the change of residence will result in an unusual and unavoidable hardship for the officer or employee and has determined the maximum allowances to be received by said officer or employee.  Claims for exceptions to the 5,000 kilograms (11,000 pounds) statutory limit will be considered only when it has been determined that every reasonable effort had been made to conform to statute.
 
 
SEC. 599.720.  REIMBURSEMENT FOR MOVEMENT OF A TRAILER COACH.
   For the movement of a trailer coach 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) 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.
   (b) Where transportation of the trailer coach is by the employee distance may be claimed for a one-way trip at the rates specified in Section 599.630(b) or 599.631(b).
   (c) For charges not to exceed $2,000 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.
   (1) Three competitive bids shall be obtained and reimbursement up to the maximum, allowed at the lowest bid.
   (2) Reimbursement received under this section precludes any additional reimbursement under Section 599.715.
   (3) Exceptions to this section may be granted by the Director of the Department of Personnel Administration if it has been documented that the movement of the trailer coach was conducted in the most economical fashion available and that the total cost of said movement did not exceed the probable cost of moving and relocation expenses incurred by a comparable conventional move.
   (d) Where transportation of the trailer coach is by a commercial mobile home transporter:
   (1) Movement of the trailer coach at rates not exceeding the minimum rates established by the California Public Utilities Commission for mobile home transporters;
   (2) Charges at P.U.C. minimum rates to obtain permits identified above;
   (3) Storage-in-transit not in excess of 60 calendar days at P.U.C. minimum rates.
   (e) 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 of the trailer coach or for separate shipment of household effects by a household goods carrier which cannot be transported in the trailer coach.
   (f) Reimbursement will be allowed for the actual cost supported by voucher of rental and installation of axles necessary to comply with the requirements of Chapter 5, Article 1 of the California Vehicle Code.
 

SEC. 599.721.  RELOCATION ALLOWANCE - REPRESENTED EMPLOYEES.
   A represented employee is defined in Section 599.621.
   (a) When eligibility exists in accordance with Section 599.714, a represented employee shall be reimbursed for actual lodging expense, supported by voucher, plus meal and incidental expenses in accordance with the applicable provisions of a Memorandum of Understanding while locating a permanent residence at the new location.
   (1) The daily allowance shall not exceed the maximum subsistence authorized by the applicable provisions of a Memorandum of Understanding.
   (2) The allowance shall not be paid for more than 60 days however this period may be exceeded in cases where the Department of Personnel Administration has determined in advance that the change of residence will result in an unusual and unavoidable hardship for the represented employee and has determined the maximum allowances to be received by said employee.
   (3) Represented employees who do not furnish receipts for lodging when claiming lodging expenses will be reimbursed in accordance with Section 599.621(c)(1).
   (4) The represented employee may exclude at his/her option interruptions caused by sick leave, vacation or other authorized leave of absence.
   (5) The relocation allowance shall terminate immediately upon establishment of permanent residence.  The department shall determine when a permanent residence has been established.
   (b) Meal expenses arising from one day trips to the new location for the sole purpose of locating housing shall be reimbursed in accordance with the applicable provisions of a Memorandum of Understanding.  The period claimed shall be included in the computation of the 60-day relocation period.
 

SEC. 599.723.  TRAVEL AND MOVING EXPENSES OF PERSONS WHO CHANGE THEIR PLACE OF RESIDENCE TO ACCEPT EMPLOYMENT WITH THE STATE.
   Reimbursement will be allowed for a part of the travel and moving expenses of professional and technically trained persons who change their place of residence to accept employment with the state under the following conditions:
   (a) In the case of an applicant for employment by the Trustees of the California State University, the employee must have been appointed to a position or class for which the Trustees have certified that such expenditure is necessary in order to recruit qualified persons needed by the California State University.  In the case of any other applicant, the employee must have been appointed to a position or class for which the Department of Personnel Administration and the appointing power have certified that such expenditure is necessary in order to recruit qualified persons needed by the State.
   (b) The employee must have changed his/her place of residence for the purpose of accepting employment with the state.
   (c) Reimbursement for travel from the old residence to the new residence shall be at the rate of 6 cents per mile.  Reimbursement for travel expenses of members of the employee's family will not be allowed.
   (d) Reimbursement for moving expenses will be allowed in accordance with Sections 599.718 and 599.724(a).  Approval of the Department of Finance is required on any claim under this subsection in excess of $1000.
   (e) If an employee 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, unacceptability of the employee to that state department, or similar eventualities beyond the control of the employee 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 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. 599.724.  PAYMENT OF CLAIMS FOR MOVING AND RELOCATION EXPENSES.
   (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 forms prescribed by the Department of General Services scheduled in the normal manner and submitted through regular channels to the State Controller for payment.  All claims must be substantiated by invoices 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 allowances and 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.
 
  Updated: 2/9/2012
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