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Damage Payments

Payments to an employee for services performed before the Oath was signed are called damage payments.

Criteria for Claim:

Damages may be claimed where all of the following conditions are met:

  1. The employee entered into University employment in good faith, with no knowledge of the oath requirement.
  2. The employee would have executed the oath prior to commencing University employment had the University advised him/her of the requirement to take it.
  3. The employee did, in fact, sign the oath upon learning of the requirement.

Note: In the event the prospective employee refuses to execute the oath, services must be terminated immediately and a claim submitted indicating the unwillingness to sign the oath.

Process

  1. Employee submits claim in writing for payment of service performed prior to executing the Oath.
  2. Department completes Report of Damage Payment   A detailed explanation of why the Oath was not signed prior to beginning service is required on the Report of Damage Payment form.
  3. Department completes the Payment Request form for the gross amount to which the appointee would have been entitled if he/she had been in employment status.  The form must charge the fund source to which the appointee's salary would have been charged, using the account for Supplies and Expense (637200).  The department may request a transfer of salary funds to cover the payment.  Note:  Benefits such as sick leave, vacation etc., are not earned for the period prior to signing the Oath.  During that period the appointee was technically not employed by the University.  No income taxes or retirement or any miscellaneous benefits are withheld. However, the payment is coded for purposes of income tax reporting.
  4. Department completes the PPS EPER screen, updating the hire date to reflect the true date the Oath was signed.
  5. Department mails to Payroll (Gloria Poon, x48522, Mail Code 0952) the Report of Damage Payment, Payment Request, and the employment forms.
  6. Payroll reviews PPS, forms, and documentation, and then sends forms to Vice Chancellor for approval. 
  7. Upon VC approval, Payroll processes the payment and then contacts department to let them know when the employee can come to Payroll to sign the release and pick up the check.  

Learn more - Background, Link to PPM 395-2

Article XX, Section 3, of the California Constitution requires that all prospective employees of the University (other than aliens lawfully employed) sign the State Oath of Allegiance before commencing the duties of their University employment. Likewise, a former employee who is re-employed more than one year after the date he or she last signed the oath is required to execute a new oath before entering upon his or her duties. An alien who becomes a naturalized citizen while in University service must file with the Payroll Office a State Oath of Allegiance (Oath) the same day he or she becomes a citizen.  See UCSD Policy and Procedure Manual (PPM) Section 395-2 for more details.

Links/Forms/References

Damage Payment:  Payments to an employee for work performed before the Oath was signed are called damage payments.

Oath:  The top section of University of California State Oath of Allegiance, Patent Policy, and Patent Acknowledgement (UPAY 585)

Report of Damage Payment:  Report of Damage Payment for Services Performed Before Signing Loyalty Oath

Check Request:  Payment Request (Non-Payroll)