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CalHR explains statutory formula tying judges pay to state employee averages
Summary
CalHR told the subcommittee that Government Code section 68203 requires a calculation tying judicial pay adjustments to the average percentage change in state employee pay; CalHR said it performs the calculation but has no authority to change the statute or judicial benefits treatment.
Anthony Crawford, Deputy Director at CalHR, briefed the committee on how judicial salaries are determined. Crawford said Government Code section 68203 directs CalHR to compute an average percentage salary change across state employees and that any positive percentage is applied to judicial pay. He said CalHR performs the calculation but does not set judicial salaries or benefits.
"The mechanism for the judicial and...judges salary increases is a government code, 68203, and that defines how those salary increases would be determined," Crawford said. He added that other elements of compensation or benefits (such as OPEB prefunding) are not part of that calculation and that changes to the mechanism would require statutory amendment by the Legislature.
Senators asked whether suspension of other post-employment benefits (OPEB) for state employees last year applied to judges; Crawford said OPEB suspension was not applied to judges and recommended the committee confer with judicial counsel on who has authority for judge-specific benefit adjustments. CalHR agreed to provide historical charts and relevant data to the committee on short notice.
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