Section 19775.2.

(a) Pay under the provisions of Sections 19775 and 19775.1, excluding emergency military leave pay provisions, shall not exceed 30 calendar days in any one fiscal year. The beginning date of active duty shall determine the fiscal year in which the pay is accumulated when the period of active duty extends into another fiscal year.

(b) When the state determines that an overpayment of compensation has been made to an employee of the state on a leave of absence for active military duty as a member of the California National Guard, administrative action to recover overpayment shall be initiated within six years from the date of overpayment, notwithstanding subdivision (d) of Section 19838 or any other law, unless all of the following conditions exist:

(1) The employee currently holds the military pay grade of E-1 to E-5, inclusive.

(2) The overpayment was not due to fraud, misrepresentation, or willful nondisclosure on the part of the employee.

(3) The overpayment was received without fault on the part of the employee.

(4) Recovery of the overpayment from the employee would be against equity and good conscience.

(c) Notwithstanding any other law, subdivision (b) shall apply to any overpayment made up to six years prior to the date the act adding this subdivision becomes operative. Nothing in this section is intended to revive actions or causes of action as to which there has been a final judgment prior to that operative date.

(d) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.

(Amended by Stats. 2011, Ch. 374, Sec. 1. Effective September 30, 2011. Repealed as of January 1, 2015, by its own provisions. See later operative version added by Sec. 2 of Ch. 374.)