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HomeEducation CodeCh. 5Art. 2§ 45165 Employee Salary Withholding Options

§ 45165 Employee Salary Withholding Options

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 45165 Employee Salary Withholding Options

Key Takeaways

  • •School employees can choose to have part of their pay held back during the year and paid out later in the summer.
  • •How much is held back depends on how many months they work: 8.3% for 11 months, 16.7% for 10 months, or 25% for 9 months.
  • •The held-back money is paid out in July, August, or September, depending on their work schedule.
  • •Once an employee signs up for this, they can't change their mind until the next school year.

Example

A teacher works 10 months a year and chooses to have part of their pay held back.

The school will take out 16.7% from each paycheck and give it back in two equal payments in August and September.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 45165 Employee Salary Withholding Options

The governing board of any school district not paying the annual or monthly salaries of persons employed by the district in 12 equal monthly payments may withhold, upon election by the individual employee, from each payment made to such employee an amount as follows: (a) For an employee employed 11 months of a year an amount equal to 81/3 percent thereof and the total amount deducted to be paid not later than the 10th day of September next succeeding. (b) For an employee employed 10 months of a year an amount equal to 162/3 percent thereof and the total amount deducted to be paid in two equal monthly installments not later than the 10th day of August and the 10th day of September next succeeding. (c) For an employee employed nine months a year an amount equal to 25 percent thereof and the total amount deducted to be paid in three equal monthly installments not later than the 10th day of July, the 10th day of August and the 10th day of September next succeeding. If the provisions of Section 42644 are made applicable to any district the provisions of this section shall apply except that the amount deducted from each regular pay period and ultimate dates for payment of the amount deducted shall be computed and set in accordance with the system adopted under Section 42644. Once an employee has elected to be brought under the provisions of this section such election shall not be revocable until the commencement of the next ensuing fiscal year. However, in the event any employee leaves the service of the district by death or otherwise before receiving such moneys as may be due him, the amount due him shall be paid within 30 days of the last working day to him or any other person entitled thereto by law. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)

Last verified: January 23, 2026

Key Terms

governing boardschool districtequal monthly paymentselection by the individual employeefiscal year

Related Statutes

  • § 1626 County Budget Continuation Rule
  • § 17565 School Property Insurance Requirements
  • § 17569 School District Street Improvements
  • § 17570 School District Pedestrian Facilities
  • § 17571 School Underpass Lighting

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 45165.
View Official Source