22326. (a) For the purposes of this section:
(1) “Advisory letter” means a written determination issued to an employer or an exclusive representative in response to the employer’s or exclusive representative’s submission relating to compensation that is included, or is proposed to be included, in a publicly available written contractual agreement in order for the system to provide formal written guidance for the proper reporting of such compensation consistent with the laws governing creditable compensation and the administrative regulations of the system.
(2) “Material facts” means facts that would have changed the determination made in an advisory letter.
(b) An employer or an exclusive representative may submit to the system a request for an advisory letter.
(c) (1) A submission to the system under subdivision (b) shall be in writing on a form provided by the system and shall include the compensation language, a description of the facts related to the compensation language and the basis of the requesting party’s inquiry, including, but not limited to, specific questions about the reporting of the compensation, and any other supporting documents or requirements the system deems necessary to complete its review.
(2) A submission to the system may be denied if it involves an issue that is in litigation with the system and the employer or a member to whom the advisory letter would expressly relate.
(3) A submission to the system may be withdrawn by the employer or exclusive representative at any time before an advisory letter is provided.
(d) (1) The system shall provide an advisory letter regarding the submission to the employer or exclusive representative within 30 days of the receipt of all information requested by the system, unless an extended period of time is necessary for good cause.
(2) An advisory letter may be superseded by state or federal law, an executive order of the Governor, or a rule pursuant to Section 22325.
(e) If compensation reported in accordance with the system’s advisory letter provided pursuant to this section is later determined by the system to have been reported in error by the employer or on behalf of a member to whom the advisory letter expressly relates, the resulting overpayment shall be deemed an error by the system and shall be recovered pursuant to paragraph (4) of subdivision (a) of Section 24616.2.
(f) Only the employer or a member to whom an advisory letter expressly relates may use and rely upon, or offer as evidence of an error by the system, the advisory letter in an action brought by the system. The use and reliance upon, or the offering in evidence of, an advisory letter shall be contingent on a system determination that all material facts related to the compensation were disclosed in the submission and the employer reported compensation in reliance on the advisory letter.
(g) This section shall become operative on July 1, 2023.
(Added by Stats. 2022, Ch. 754, Sec. 8. (AB 1667) Effective January 1, 2023. Operative July 1, 2023, by its own provisions.)