State of California

  M E M O R A N D U M

  REFERENCE CODE:
  2003-006

  DATE:
  January 23, 2003

  TO:
  Personnel Officers
  Personnel Transactions Supervisors

  FROM:
  Department of Personnel Administration
  Policy and Operations Division

  SUBJECT:
  Military Leave   Extended Pay and Benefits for the War on 
  Terrorism and a Follow-Up to Personnel Management Liaisons 
  Memorandum 2002-015

  CONTACT:
  Clarice Pace, Analyst
  (916) 324-9381
  FAX: (916) 327-1886
  Email: ClaricePace@dpa.ca.gov


  On December 5, 2002, the Governor issued Executive 
  Order D-65-02, implementing an amendment to Government Code 
  (GC) Section 19775.18.  The amendment authorized the 
  Governor, by executive order, to extend supplemental pay 
  and benefits up to an additional 365 calendar days to State 
  civil service employees who are called to active duty for 
  the War on Terrorism.  The extension went into effect on 
  January 1, 2003.
  
  Employees who are called to active military duty for the 
  War on Terrorism are eligible to receive the difference 
  between their military pay and allowances and their State 
  pay and benefits for an additional 365 calendar days.  The 
  employee must provide military orders that support any 
  claim for supplemental pay and benefits.  If the employee 
  does not reinstate to State service following active 
  military duty, any compensation received pursuant to this 
  provision shall be treated as a loan payable with interest.  
  In addition, this statute will not apply to active duty 
  served after the close of the War on Terrorism.
  
  Prior to the enactment of GC Section 19775.18, State civil 
  service employees who were called to active military duty 
  on or after September 11, 2001, in support of the War on 
  Terrorism received their benefits under the provisions of 
  GC Section 19775.17. 
  
  According to these provisions, employees were eligible to receive the 
  difference between their military pay and allowances and State salary 
  and benefits for 180 calendar days.  However, with the enactment of GC 
  Section 19775.18, any State employee who received benefits under GC 
  Section 19775.17 for this event is now eligible to receive the 
  remaining benefits under GC Section 19775.18 for up to 365 calendar 
  days.  Additionally, with the authorization of Executive Order D-65-02 
  and upon call to active military duty in support of the War on 
  Terrorism, employees are now eligible to receive pay and benefits for 
  a total of 730 calendar days, provided the dates specified in the 
  orders cover such a period of absence.
  
  For example, an employee who has received orders for active military 
  duty for three years, during which he/she has received 180 calendar 
  days of compensation and benefits pursuant to GC Section 19775.17, 
  would now be eligible to receive 185 calendar days under GC 
  Section 19775.18, plus an additional 365 days under Executive 
  Order D65-02 to equal 730 calendar days (180 + 185 + 365 = 730).  This 
  employee also received the "first 30 calendar days/172 hours" pay as 
  provided under GC Section 19775.
  
  Active duty military orders issued on and after September 11, 2001, 
  for Operation Noble Eagle, Operation Enduring Freedom, National Guard 
  Airport Duty or Homeland Protection, or for any military campaign or 
  operation related to the War on Terrorism qualify for the benefits 
  provided by GC Section 19775.18.
  
  If your department receives orders that are unclear, the Department of 
  Personnel Administration (DPA) encourages you to contact us for 
  assistance.
  
  DPA committed in PML 2002-015, to issue a separate memorandum to 
  clarifying specific provisions of the Military Leave Program.  
  Attachment I is provided to clarify specific provisions of military 
  leave as they relate to State employees who are ordered to active 
  military duty as a result of the War on Terrorism.  Attachment II is a 
  revised copy of the Military Leave Work Sheet.  DO NOT submit to the 
  State Controller's Office (SCO) a new Military Leave Work Sheet, for 
  those employee's whose leave has been extended, unless the salary or 
  deduction information has changed.
  
  An SCO payroll letter will be issued providing instructions for 
  documenting and issuing payments to employees who are placed on 
  military leave.
   
  All payroll-processing questions and documentation should be addressed 
  to Pam Keegan with SCO at (916) 323-2439.  For policy interpretation 
  questions related to military leave have your personnel office staff 
  contact Clarice Pace at the address listed above.
  
  
  
  
  Bob Painter, Chief
  Policy and Operations Division
  
  Attachments will be distributed via mail.