text:
The provisions of this part extending rights to a member of this system or subjecting him or her to any limitation, by reason of his or her membership in a county retirement system shall also apply to members who terminated state employment and became an employee of a fire district within six months of the termination, and who were employees of the district at the time that the district became subject to the county retirement system.

This section shall only be operative with respect to a county where the board of supervisors has made Section 31840.5 applicable in that county.

history: (History: Amended by Stats. 1996, Ch. 906, Sec. 32. Effective January 1, 1997.)

article: 5. Reciprocity


kind: section

code: GOV

text: Any public agency that has pursuant to the provisions of Section 20351 entered into an agreement to establish a reciprocal retirement system with this system shall be deemed to have obtained the same rights and limitations with respect to all other public agencies who have entered into those agreements and established reciprocity as well as with respect to county retirement systems and under Chapter 2 (commencing with Section 45300) of Division 5 of Title 4 that have established reciprocity with this system pursuant to Section 20351.

history: (History: Amended by Stats. 1996, Ch. 906, Sec. 33. Effective January 1, 1997.)

division: 5. PERSONNEL

chapter: 3. Membership in System

article: 5. Reciprocity

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 3. Membership in System > 5. Reciprocity


text: The provisions of this part extending rights to a member of this system by reason of his or her membership in a county retirement system shall also apply to members who terminated state employment on or after June 30, 1971, but because of county budget problems were not employed in the permanent positions to which they would otherwise have been assigned and did not become permanent county employees until on or before January 4, 1972.

history: (History: Amended by Stats. 1996, Ch. 906, Sec. 34. Effective January 1, 1997.)

title: 2. GOVERNMENT OF THE STATE OF CALIFORNIA

article: 5. Reciprocity


text:
Wherever in this part the rights of a member, because of membership in another retirement system, are conditioned upon employment within 90 days of termination of membership in this system or another retirement system, with respect to that employment that occurs on and after January 1, 1976, the period shall be six months rather than 90 days.

This section shall also be applicable to members who were permanent employees of the state who were laid off because of a reduction in work force and whose break in service between retirement systems occurred prior to January 1, 1976, but not before April 1, 1970.

history: (History: Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)

article: 5. Reciprocity


text:
Whenever in this part the rights of a local member, because of membership in another retirement system, are conditioned upon employment within six months of termination of membership in this system or another retirement system, the period shall be one year rather than six months if the local member was an elective officer and becomes a member of another retirement system upon commencement of service in another elective office on and after January 1, 1977.

This section shall not apply unless the other employer in a reciprocal system elected a similar provision, nor shall it apply to any contracting agency nor to the employees of any contracting agency unless that agency elected to be subject to the provisions of this section in its contract with the board on or before December 31, 2001.

history: (History: Amended by Stats. 2001, Ch. 793, Sec. 4. Effective January 1, 2002.)

article: 5. Reciprocity


text:
(a) “Member” means an employee who has qualified for membership in this system and on whose behalf an employer has become obligated to pay contributions.

(b) “State member” includes:

(1) State miscellaneous members.

(2) University members.

(3) Patrol members.

(4) State safety members.

(5) State industrial members.

(6) State peace officer/firefighter members.

(7) National Guard members as defined in Section 20380.5.

(c) “Local member” includes:

(1) Local miscellaneous members.

(2) Local safety members.

(d) “School member” includes all employees within the jurisdiction of a school employer, other than local police officers, school safety members and members included in a risk pool.

history: (History: Amended by Stats. 2007, Ch. 355, Sec. 9. Effective January 1, 2008.)

chapter: 4. Membership Classifications

article: 1. General Provisions

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 4. Membership Classifications > 1. General Provisions


text:
“Member classification” means either of the following:

(a) Miscellaneous member classification, which includes state miscellaneous members, National Guard members, university members, local miscellaneous members, state industrial members, and school members.

(b) Safety member classification, which includes patrol members, state peace officer/firefighter members, state safety members, and local safety members.

history: (History: Amended by Stats. 2007, Ch. 355, Sec. 10. Effective January 1, 2008.)

article: 1. General Provisions


text: “State miscellaneous member” includes all members employed by the state and university, except National Guard, industrial, patrol, state peace officer/firefighter, and state safety members.

history: (History: Amended by Stats. 2007, Ch. 355, Sec. 11. Effective January 1, 2008.)

article: 2. Miscellaneous Member Classification

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 4. Membership Classifications > 2. Miscellaneous Member Classification


text: “National Guard member” means a person who elects to become a member of this system as described in Section 20326. Except as otherwise provided, the provisions of this part applicable to state miscellaneous members shall apply to National Guard members.

history: (History: Added by Stats. 2007, Ch. 355, Sec. 12. Effective January 1, 2008.)

article: 2. Miscellaneous Member Classification


text: “University member” includes all members who are employees of the university.

article: 2. Miscellaneous Member Classification


text:
“State industrial member” includes all state employees appointed by the Governor or by the Director of Corrections or the Board of Prison Terms or the Department of the Youth Authority or the Youthful Offender Board and employed in the state prisons or facilities of the Department of Corrections or the Department of the Youth Authority, or employed in the Division of Adult Paroles as Chief, deputy chief agents, or officers, and all parole agents or officers appointed by the Board of Prison Terms under the State Civil Service Act, any parole agents or officers appointed by the Board of Trustees of the California Institution for Women, the members of the Board of Prison Terms, and the members of the Board of Trustees of the California Institution for Women except employees who are state safety members or state peace officer/firefighter members.

Except as expressly otherwise provided, the provisions of this part applicable to state miscellaneous members apply to state industrial members.

The provisions of this part providing industrial death and disability benefits to state industrial members shall also apply to any other state employee whose death or disability results from an injury which is a direct consequence of a violent act perpetrated on his or her person by an inmate of a state prison, correctional school or facility of the Department of Corrections or the Department of the Youth Authority or a parolee therefrom subject to the same conditions prescribed by Section 20048.

article: 2. Miscellaneous Member Classification


text: “Local miscellaneous member” includes all employees of a county office of education, school district, or community college district who are included in a risk pool and all employees of a contracting agency who have by contract been included within this system, except local safety members.

history: (History: Amended by Stats. 2002, Ch. 1133, Sec. 6. Effective January 1, 2003.)

article: 2. Miscellaneous Member Classification


text:
(a) “Patrol member” includes all members employed in the Department of the California Highway Patrol or by a county in connection with its highway patrol function, respectively, whose principal duties consist of active law enforcement service, except those whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise clearly do not fall within the scope of active law enforcement service, even though the person is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement service.

(b) “Patrol member” does not include employees of the Department of the California Highway Patrol who are designated as peace officers by the Commissioner of the California Highway Patrol under subdivision (a) of Section 2250.1 of the Vehicle Code.

history: (History: Amended by Stats. 1996, Ch. 305, Sec. 31. Effective January 1, 1997.)

article: 3. Safety Member Classification—State

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 4. Membership Classifications > 3. Safety Member Classification—State


text:
“State peace officer/firefighter member” means:

(a) All persons in the Board of Parole Hearings, the Department of Consumer Affairs, the Department of Cannabis Control, the Department of Developmental Services, the Department of Health Care Services, the Department of Toxic Substances Control, the California Horse Racing Board, the Department of Industrial Relations, the Department of Insurance, the State Department of State Hospitals, the Department of Motor Vehicles, the Department of Social Services employed with the class title of Special Investigator (Class Code 8553), Senior Special Investigator (Class Code 8550), and Investigator Assistant (Class Code 8554) who have been designated as peace officers as defined in Sections 830.2 and 830.3 of the Penal Code.

(b) All persons in the Department of Alcoholic Beverage Control employed with the class title Investigator Trainee, Alcoholic Beverage Control (Class Code 7553), Investigator I, Alcoholic Beverage Control, Range A and B (Class Code 7554), and Investigator II, Alcoholic Beverage Control (Class Code 7555) who have been designated as peace officers as defined in Sections 830.2 and 830.3 of the Penal Code.

(c) All persons within the Department of Justice who are state employees as defined in subdivision (c) of Section 3513 and who have been designated as peace officers and performing investigative duties.

(d) All persons in the Department of Parks and Recreation employed with the class title of Park Ranger (Intermittent) (Class Code 0984) who have been designated as peace officers as defined in Sections 830.2 and 830.3 of the Penal Code.

(e) All persons in the Franchise Tax Board who have been designated as peace officers in subdivision (s) of Section 830.3 of the Penal Code.

(f) A member who is employed in a position that is reclassified to state peace officer/firefighter pursuant to this section may make an irrevocable election in writing to remain subject to the service retirement benefit and the normal rate of contribution applicable prior to reclassification by filing a notice of election with the board within 90 days of notification by the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for service included in the federal system.

history: (History: Amended by Stats. 2021, Ch. 70, Sec. 104. (AB 141) Effective July 12, 2021.)

article: 3. Safety Member Classification—State


text: “State peace officer/firefighter member” also includes officers and employees with the following class titles: ClassCodeClassification6875Air Operations Officer I1056Air Operations Officer II1053Air Operations Officer III6877Air Operations Officer I (Maintenance)6882Air Operations Officer II (Maintenance)1050Air Operations Officer III (Maintenance)8997Arson and Bomb Investigator9694Board Coordinating Parole Agent, Youthful Offender Parole Board9904Correctional Counselor I9903Correctional Counselor II9662Correctional Officer9911Case Work Specialist, Youth Authority9013Deputy State Fire Marshal III (Specialist)9086Deputy State Fire Marshal9010Deputy State Fire Marshal III (Supervisor)1077Fire Apparatus Engineer1095Fire Captain1072Fire Control Aid8979Firefighter1083Firefighter I1082Firefighter II9001Firefighter (Correctional Institution)8990Firefighter/Security Officer1047Fire Prevention Officer I1049Fire Prevention Officer II9090Fire Service Training Specialist III8418Fish and Game Patrol, Lieutenant8421Fish and Game Warden, Department of Fish and Game9039Senior Food and Drug Investigator9028Food and Drug Program Specialist9007Food Technology Specialist1060Forestry Aid1046Forestry Pilot (Helicopter)9579Group Supervisor/Youth Correctional Officer9578Group Supervisor Trainee6387Heavy Fire Equipment Operator1937Hospital Peace Officer I8416Lieutenant Fish and Game Patrol Boat0992Lifeguard8217Medical Technical Assistant, Correctional Facility1992Museum Security Officer I9701Parole Agent I, Youth Authority9765Parole Agent I, Adult Parole9696Parole Agent II, Youth Authority (Specialist)9763Parole Agent II, Adult Parole (Supervisor)9762Patrol Agent II, Adult Parole (Specialist)8215Senior Medical Technical Assistant8359Sergeant, California State Police8980State Fire Marshal Trainee9723State Forest Ranger I (Nonsupervisory)9724State Forest Ranger II (Nonsupervisory)0983State Park Ranger I8464State Police Officer8358State Security Officer8989Captain Firefighter/Security Officer8410Warden–Pilot Department of Fish and Game9581Youth Counselor/Youth Correctional CounselorA member who is employed in a position that is reclassified to state peace officer/firefighter pursuant to this section may make an irrevocable election in writing to remain subject to the service retirement benefit and the normal rate of contribution applicable prior to reclassification by filing a notice of the election with the board within 90 days after notification by the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for service also included in the federal system.

history: (History: Amended by Stats. 2001, Ch. 159, Sec. 112. Effective January 1, 2002.)

article: 3. Safety Member Classification—State


text:
“State peace officer/firefighter member” also means:

(a) All persons in the office of the Secretary of State, office of the Controller, and the Public Employees’ Retirement System employed on a full-time permanent basis with the class title of Special Investigator (Class Code 8553), Senior Special Investigator (Class Code 8550), and Investigator Assistant (Class Code 8554) who have been designated as peace officers as defined in Sections 830.2 and 830.3 of the Penal Code.

(b) All persons employed on a full-time permanent basis with the class title of Corporations Investigator (Class Code 8570) or Associate Corporations Investigator (Class Code 8571) who have been designated as peace officers as defined in Sections 830.2 and 830.3 of the Penal Code.

(c) All persons employed on a full-time permanent basis with the class title of Sergeant, State Fair Police (Class Code 1946), State Fair Police Officer (Class Code 1945), Lottery Agent (Class Code 8602), District Representative I and II, Division of Codes and Standards (Class Codes 8960 and 8958), Deputy Registrar of Contractors I and II (Class Codes 8793 and 8792), Polygraph Examiner, California Department of the Youth Authority (Class Code 8542), Community Services Consultant I (Class Code 9717), or Parole Service Associate (Class Code 9776) who have been designated as peace officers as defined in Sections 830.2, 830.3, and 830.5 of the Penal Code.

(d) All persons employed on a full-time permanent basis with the class title of Forester I (Class Code 1054) and Forester II (Class Code 9721).

Any person so designated may elect, within 90 days of notification by the board, to remain subject to the service retirement benefit and the normal rate of contribution applicable prior to the effective date that this section is applicable to the member by filing an irrevocable notice of election with the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for service also included in the federal system.

history: (History: Amended by Stats. 1999, Ch. 555, Sec. 4. Effective January 1, 2000.)

article: 3. Safety Member Classification—State


text: “State peace officer/firefighter member” also includes the employees of a California State University police department, established pursuant to Section 89560 of the Education Code, who have been designated as peace officers as defined in Section 830.2 of the Penal Code, and who are (a) members represented by Public Safety Unit No. 8, or (b) members excluded from the definition of employee in Section 3562 or are supervisory employees as defined in Section 3580.3, provided that these employees have responsibility for the direct supervision of the state peace officer/firefighter members represented in Public Safety Unit No. 8. The Trustees of the California State University shall notify this system when employees meet these conditions and whenever a state peace officer/firefighter member ceases to meet the conditions.

history: (History: Amended by Stats. 1999, Ch. 971, Sec. 5. Effective January 1, 2000.)

article: 3. Safety Member Classification—State


text:
“State peace officer/firefighter member” means all members who are full-time permanent employees represented in Corrections Unit No. 6, Protective Services and Public Safety Unit No. 7, and Firefighters Unit No. 8 and are employed in class titles that are designated as peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code or are firefighters whose principal duties consist of active firefighting/fire suppression.

A member who is employed in a position that is reclassified from state miscellaneous to state peace officer/firefighter pursuant to this section, may make an irrevocable election in writing to remain subject to the miscellaneous service retirement benefit and the normal rate of contribution by filing a notice of the election with the board within 90 days of notification by the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for service also included in the federal system.

history: (History: Amended by Stats. 2000, Ch. 402, Sec. 12. Effective September 11, 2000.)

article: 3. Safety Member Classification—State


text:
(a) “State peace officer/firefighter member” also includes employees of the California State University who are campus fire apparatus engineers and who are members represented by Technical and Support Services Unit No. 9.

(b) This section shall be operative with respect to the employees described in subdivision (a) only if authorized by, and in accordance with, a memorandum of understanding reached between the Trustees of the California State University and the recognized employee organization pursuant to the Higher Education Employer-Employee Relations Act Chapter 12 (commencing with Section 3560) of Division 4 of Title 1.

history: (History: Amended by Stats. 1996, Ch. 906, Sec. 40. Effective January 1, 1997.)

article: 3. Safety Member Classification—State


text:
“State peace officer/firefighter member” also includes:

(a) The Sergeants-at-Arms of each house of the Legislature who have been designated as peace officers in subdivision (a) of Section 830.36 of the Penal Code.

(b) Bailiffs and security coordinators of the judicial branch who have been designated as peace officers in subdivision (b) of Section 830.36 of the Penal Code.

A member who is reclassified from state miscellaneous to state peace officer/firefighter pursuant to this section may make an irrevocable election in writing to remain subject to the miscellaneous service retirement benefit and the normal rate of contribution by filing a notice of the election with the board within 90 days of notification by the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for service included in the federal system.

history: (History: Amended by Stats. 2019, Ch. 364, Sec. 6. (SB 112) Effective September 27, 2019.)

article: 3. Safety Member Classification—State


text:
“State peace officer/firefighter member” also includes:

(a) (1) State officers and employees designated as peace officers as defined in Sections 830.1, 830.2, 830.3, 830.38, 830.4, and 830.5 of the Penal Code, or a firefighter whose principal duties consist of active firefighting/fire suppression, who is either excluded from the definition of state employee in subdivision (c) of Section 3513 or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service, if the majority of his or her duties consists of one of the following:

(A) Responsibility for the direct supervision of state peace officer/firefighter personnel specified in Sections 20391, 20392, 20393, and 20395.

(B) Conducting investigations or audits of investigatory practices and other audits of, or in, the Department of Corrections and Rehabilitation.

(C) Administration of programs of an agency, department, or other organizational unit that is primarily responsible for active law enforcement or active firefighting/fire suppression.

(2) For purposes of this subdivision, “administration” means the actions of the employee designated as a peace officer/firefighter member in a position that is in the direct chain of command over an agency, department, or organizational unit in which the majority of employees are state peace officer/firefighter members as described in Section 20391, 20392, 20393, or 20395.

(b) “State peace officer/firefighter member” shall not include persons whose primary responsibilities are limited to personnel administration, budgeting, public affairs, data processing or information technology, governmental relations, or legal support, or administration or oversight of these responsibilities.

(c) “State peace officer/firefighter member” shall include individuals hired prior to January 1, 2009, who do not meet the criteria in subdivision (a) if those individuals have been continuously employed in positions that were deemed to come within the “state peace officer/firefighter member” classification pursuant to this section prior to January 1, 2009.

(d) “State peace officer/firefighter member” shall include individuals hired prior to April 1, 2011, or the first day of the first pay period following the enactment of the act that added this subdivision if that act is enacted after April 1, 2011, who do not meet the criteria in subdivision (a) if those individuals have been continuously employed in positions in the Office of the Inspector General that were deemed to come within the “state peace officer/firefighter member” classification pursuant to this section prior to April 1, 2011, or prior to the first day of the first pay period following the enactment of the act that added this subdivision if that act is enacted after April 1, 2011.

(e) The Department of Human Resources shall annually determine which classes meet the conditions described in this section and are not classes specified in Sections 20391, 20392, 20393, and 20395, and report its findings to the Legislature and to this system, to be effective July 1 of each year. An agency or department shall not designate a classification as a “state peace officer/firefighter member” classification pursuant to this section without prior approval from the Department of Human Resources.

(f) Members who are reclassified pursuant to this section may file an irrevocable election to remain subject to their prior retirement formula and the corresponding rate of contributions. The Secretary of the Department of Corrections and Rehabilitation may, upon appointment to that office on or after January 1, 1999, file an irrevocable election to be subject to the industrial formula and the corresponding rate of contributions. The elections shall be filed within 90 days of notification by the board. Members who so elect shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for the service included in the federal system.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 113. (SB 1308) Effective January 1, 2013.)

article: 3. Safety Member Classification—State


text: “State safety member,” includes persons employed in the Department of Fish and Game in connection with its warden service, whose principal duties consist of active law enforcement service, including immediate supervision by persons employed to perform the duties performed under the titles of Chief and Assistant Chief of Warden Service, and Captain of Patrol Boats, except those whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, assistant fish and game warden, or otherwise clearly do not fall within the scope of active law enforcement service, even though the person is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement.

article: 3. Safety Member Classification—State


text:
(a) “State safety member” also includes members employed in the Department of Forestry and Fire Protection, whose principal duties consist of active fire suppression or supervision, including, but not limited to, members employed to perform duties now performed under the following titles: State Forester; all classes of State Forest Rangers; all classes of Deputy State Forester; all classes of fire prevention and law enforcement officers; all classes of Foresters; Fire Captain; all classes of Fire Crew Foreman; all classes of Forestry Trainees; all classes of forestry equipment and civil engineers; Forestry Superintendent, Conservation Camps; Fire Apparatus Engineer; Fireman, C.D.F.; Firefighter (Seasonal); Equipment Maintenance Foreman; Heavy Fire Equipment Operator. However, “state safety members” shall not include members employed in classes other than those set forth in this section whose principal duties are clerical or such as otherwise clearly do not fall within the scope of active fire suppression.

(b) Notwithstanding subdivision (a), “state safety member” shall not include civil engineers hired by the Department of Forestry and Fire Protection on or after January 1, 2000.

history: (History: Amended by Stats. 1999, Ch. 457, Sec. 11. Effective September 21, 1999.)

article: 3. Safety Member Classification—State


text: “State safety member” means all persons within the Department of Justice designated as peace officers and performing investigative duties and whose principal duties consist of active law enforcement, but excluding clerical personnel or those whose principal duties are that of telephone operator, machinist, mechanic, security officer, or otherwise clearly not within the scope of active law enforcement, even though the person is subject to occasional call, or is occasionally called upon to perform duties within the scope of active law enforcement.

history: (History: Amended by Stats. 1996, Ch. 305, Sec. 32. Effective January 1, 1997.)

article: 3. Safety Member Classification—State


text:
(a) “State safety member” also includes state prosecutors and state public defenders.

(b) For purposes of this part, “state prosecutor” means a state officer or employee who meets all of the following criteria:

(1) He or she is employed by the Department of Justice, Office of the Attorney General.

(2) His or her job classification is Chief Assistant Attorney General, Senior Assistant Attorney General, Supervising Deputy Attorney General, Deputy Attorney General, or any other similar classification or title.

(3) His or her effective date of retirement is on or after the date the state employer and the bargaining unit elect to be subject to this section as provided in subdivision (f).

(c) For purposes of this part, “state public defender” means a state officer or employee who meets all of the following criteria.

(1) He or she is employed by the Office of the State Public Defender.

(2) His or her job classification is State Public Defender, Senior Deputy State Public Defender, Supervising Deputy State Public Defender, Deputy State Public Defender, or any other similar classification or title.

(3) His or her effective date of retirement is on or after the date the state employer and the bargaining unit elect to be subject to this section as provided in subdivision (f).

(d) Past state miscellaneous service performed by a state prosecutor or state public defender who becomes a state safety member pursuant to this section shall be converted to state safety service if the past service was rendered in a position that has subsequently been reclassified as a state safety position pursuant to this section. Any unfunded liability resulting from this section shall be paid by the employer.

(e) Notwithstanding any other provision of this part, state prosecutors and state public defenders shall be subject to the benefit formula contained in Section 21369.1, or any other benefit formula applicable to state safety members that does not provide benefits greater than those benefits provided under Section 21363.1.

(f) This section does not apply to any officers or employees described in subdivision (b) or (c) who are members of State Bargaining Unit 2 unless and until the state employer and the bargaining unit elect to be subject to this section by amendment to or by express provision in a memorandum of understanding entered into between the parties.

(g) This section does not apply to any officer or employee described in subdivision (b) or (c) who dies prior to the date the state employer and the bargaining unit elect to be subject to this section as provided in subdivision (f).

history: (History: Added by Stats. 2002, Ch. 1152, Sec. 2. Effective January 1, 2003.)

article: 3. Safety Member Classification—State


text: “State safety member” shall also include those persons while employed by the San Francisco Port Authority prior to their transfer to the San Francisco Port Commission whose principal duties consisted of active law enforcement and who were peace officers, as defined in former Section 830.35 of the Penal Code, as amended by Chapter 460 of the Statutes of 1979, but excluding any person whose principal duties did not clearly fall within the scope of active law enforcement even though the person is subject to occasional call, or is called upon occasionally, to perform duties within the scope of active law enforcement.

history: (History: Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)

article: 3. Safety Member Classification—State


text: “State safety member” shall also include officers and employees in (a) the Department of Corrections and Rehabilitation employed to perform the duties now performed in positions with the following class titles: Deputy Director, Department of Corrections and Rehabilitation; Deputy Director, Institutions, Camps and Program Services Division; Deputy Director, Parole and Community Services; Warden; Warden—San Quentin; Superintendent II and III, Department of Corrections and Rehabilitation; Deputy Superintendent; Correctional Administrator; Program Administrator, Correctional Institution; all classes of Correctional Program Supervisor; Correctional Captain; Correctional Lieutenant; Correctional Sergeant; Correctional Officer; all classes of Women’s Correctional Supervisor; Assistant Deputy Director, Parole and Community Services; all classes of Parole Administrator, Adult Parole; all classes of Parole Agent, Adult Parole; Assistant Director, Investigations and Law Enforcement Liaison; Senior Special Agent; Special Agent; all classes of Women’s Parole Agent; Medical Facility Superintendent; Superintendent, California Institution for Women; all classes of Correctional Counselor; Chief and Assistant Chief Transportation Officer, (b) the Department of the Youth Authority employed to perform the duties now performed in positions with the following class titles: Director, Department of the Youth Authority; Chief, Division of Parole and Community Services; Deputy Chief, Division of Parole and Community Services; Program Administrator, Correctional School; Assistant Superintendent, Correctional School; all classes of Superintendent, Correctional School; Youth Authority Camp Superintendent; Assistant Superintendent, Youth Authority Camp; Chief, Division of Institutions; Treatment Team Supervisor; all classes of Transportation Officers, Youth Authority; Security Officer; all classes of Group Supervisors; all classes of Parole Agent, Youth Authority; all classes of Youth Counselor; Supervisor Community Treatment Programs; Correctional Casework Training Supervisor; Correctional Casework Trainee; all classes of Correctional Counselor, (c) the Board of Prison Terms employed to perform duties now performed in positions with the following class titles: all classes of Parole Agent; all classes of Correctional Counselor and the Chief of Investigation, (d) the Youthful Offender Parole Board employed to perform duties now performed in positions with the following class titles: all classes of Parole Agent, and (e) the California Correctional Training and Rehabilitation Authority employed to perform duties now performed in positions with the following class titles: Director; Deputy Director, Administration; Deputy Director, Marketing; and Deputy Director, Workforce Development.

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 14. (SB 857) Effective January 1, 2026.)

article: 3. Safety Member Classification—State


text: Notwithstanding Section 20401 “state safety member” shall include persons employed as members of a state college police department who meet the minimum standards of competence established by the Commission on Peace Officer Standards and Training, pursuant to Chapter 1 (commencing with Section 13500) of Title 4 of Part 4 of the Penal Code, except those members employed under class titles of Parking Officer and Campus Guard.

article: 3. Safety Member Classification—State


text:
(a) “State safety member” shall also include officers and employees of the Department of Corrections and Rehabilitation in the following classifications: ClassificationCodeClassification0683Assistant Dairy Operator2156Assistant Food Manager (Correctional Facility)4302Assistant General Manager, Operations2080Assistant Seamer (Correctional Facility)5447Assistant Warden, Psychiatric Services, Correctional Facility6868Automobile Mechanic (Correctional Facility)6394Automotive Equipment Operator I (Correctional Facility)6392Automotive Equipment Operator II (Correctional Facility)6893Automotive Pool Manager I (Correctional Facility)2224Baker I (Correctional Facility)2221Baker II (Correctional Facility)2086Barber (Correctional Facility)2084Barbershop Manager (Correctional Facility)6216Building Maintenance Worker (Correctional Facility)2245Butcher–Meat Cutter II (Correctional Facility)6483Carpenter I (Correctional Facility)6474Carpenter II (Correctional Facility)6471Carpenter III (Correctional Facility)2015Chief Assistant General Manager, Prison Industries4110Chief, Day Labor Programs (Correctional Facility)9344Chief Dentist, Correctional Facility2578Chief Deputy, Clinical Services, Correctional Facility6699Chief Engineer I (Correctional Facility)7547Chief Medical Officer, Correctional Facility6754Chief of Plant Operation I (Correctional Facility)6751Chief of Plant Operation II (Correctional Facility)6748Chief of Plant Operation III (Correctional Facility)9267Chief Physician and Surgeon, Correctional Facility7612Chief Psychiatrist, Correctional Facility9859Chief Psychologist, Correctional Facility7146Chief, Quality Assurance, Prison Industries9279Clinical Dietician, Correctional Facility9293Clinical Laboratory Technologist, Correctional Facility4132Construction Supervisor (Correctional Facility)4107Construction Supervisor I (Correctional Facility)4108Construction Supervisor II (Correctional Facility)4109Construction Supervisor III (Correctional Facility)2187Cook I (Correctional Facility)2186Cook II (Correctional Facility)7208Correctional Business Manager I, Department of Corrections4744Correctional Business Manager II, Department of Corrections4910Correctional Health Services Administrator I, Correctional Facility4912Correctional Health Services Administrator II, Correctional Facility6304Correctional Plant Manager I, Department of Corrections6305Correctional Plant Manager II, Department of Corrections6303Correctional Plant Supervisor, Department of Corrections9296Dental Assistant, Correctional Facility9298Dental Hygienist, Correctional Facility9299Dental Laboratory Technician, Correctional Facility9268Dentist, Correctional Facility7200Dry Cleaning Plant Supervisor6544Electrician I (Correctional Facility)6538Electrician II (Correctional Facility)6534Electrician III (Correctional Facility)6916Electronics Technician (Correctional Facility)6865Equipment Maintenance Supervisor (Correctional Facility)2153Food Administrator I (Correctional Facility)2147Food Administrator II (Correctional Facility)2150Food Manager (Correctional Facility)2196Food Service Worker I (Correctional Facility)2195Food Service Worker II (Correctional Facility)6955Fusion Welder (Correctional Facility)6628Glazier (Correctional Facility)0743Groundskeeper (Correctional Facility)6826Heavy Equipment Mechanic (Correctional Facility)6379Heavy Truck Driver (Correctional Facility)9307Hospital Aid, Correctional Facility7218Industrial Supervisor, Prison Industries (Bindery)0648Industrial Supervisor, Prison Industries (Crop Farm)0682Industrial Supervisor, Prison Industries (Dairy)7204Industrial Supervisor, Prison Industries (Dental Laboratory)7198Industrial Supervisor, Prison Industries (Fabric Products)7211Industrial Supervisor, Prison Industries (Knit Goods Finishing)7210Industrial Supervisor, Prison Industries (Knitting Mill)2109Industrial Supervisor, Prison Industries (Laundry)7215Industrial Supervisor, Prison Industries (Maintenance and Repair)7197Industrial Supervisor, Prison Industries (Mattress and Bedding)7191Industrial Supervisor, Prison Industries (Metal Fabrication)7216Industrial Supervisor, Prison Industries (Printing)7207Industrial Supervisor, Prison Industries (Shoe Manufacturing)7206Industrial Supervisor, Prison Industries (Shoes and Boots, Lasting to Packing)7321Industrial Supervisor, Prison Industries (Silkscreen)7192Industrial Supervisor, Prison Industries (Tool and Die)7179Industrial Supervisor, Prison Industries

(Upholstery)7178Industrial Supervisor, Prison Industries (Wood Products)2006Janitor (Correctional Facility)2005Janitor Supervisor I (Correctional Facility)2004Janitor Supervisor II (Correctional Facility)2000Janitor Supervisor III (Correctional Facility)9265Laboratory Assistant, Correctional Facility2727Language, Speech and Hearing Specialist2114Laundry Supervisor I (Correctional Facility)2111Laundry Supervisor II (Correctional Facility)2117Laundry Worker (Correctional Facility)6867Lead Automobile Mechanic (Correctional Facility)0720Lead Groundskeeper (Correctional Facility)0718Lead Groundskeeper I (Correctional Facility)2952Librarian (Correctional Facility)6643Locksmith I (Correctional Facility)6801Machinist (Correctional Facility)6941Maintenance Mechanic (Correctional Facility)6617Mason (Correctional Facility)1508Materials and Stores Supervisor I (Correctional Facility)1505Materials and Stores Supervisor II (Correctional Facility)8217Medical Technical Assistant, Correctional Facility9273Nurse Anesthetist, Correctional

Facility9353Nurse Instructor, Correctional Facility9278Nurse Practitioner, Correctional Facility9280Occupational Therapist, Correctional Facility7971Optometrist, Correctional Facility6528Painter I (Correctional Facility)6524Painter II (Correctional Facility)6521Painter III (Correctional Facility)7199Pest Control Technician (Correctional Facility)9281Physical Therapist I, Correctional Facility9342Physical Therapist II, Correctional Facility9269Physician and Surgeon, Correctional Facility6550Plumber I (Correctional Facility)6594Plumber II (Correctional Facility)6545Plumber III (Correctional Facility)7972Podiatrist (Correctional Facility)1575Prison Canteen Manager I1576Prison Canteen Manager II7158Prison Industries Administrator7157Prison Industries Manager (General)7164Prison Industries Manager (Metal Products)7165Prison Industries Manager (Textile Products)7163Prison Industries Manager (Wood Products)0679Prison Industries Superintendent I (Agriculture)0617Prison Industries Superintendent II (Agriculture)7217Prison Industries Superintendent II (Bindery)7109Prison Industries Superintendent I (Coffee Roasting and Grinding)7203Prison Industries Superintendent I (Dental Laboratory)7202Prison Industries Superintendent II (Dental

Laboratory)7170Prison Industries Superintendent II (Detergent)7350Prison Industries Superintendent I (Egg Production)7194Prison Industries Superintendent I (Fabric Products)7195Prison Industries Superintendent II (Fabric Products)7351Prison Industries Superintendent I (Fiberglass Products)7352Prison Industries Superintendent I (Furniture Refurbishing)7209Prison Industries Superintendent II (Knitting Mill)2108Prison Industries Superintendent II (Laundry)7154Prison Industries Superintendent II (Maintenance and Repair)7196Prison Industries Superintendent II (Mattress and Bedding)7189Prison Industries Superintendent I (Metal Products)7190Prison Industries Superintendent II (Metal Products)7214Prison Industries Superintendent II (Printing)7205Prison Industries Superintendent II (Shoe Manufacturing)7320Prison Industries Superintendent I (Silkscreen)7319Prison Industries Superintendent II (Silkscreen)7175Prison Industries Superintendent I (Wood Products)7172Prison Industries Superintendent II (Wood Products)4760Procurement and Services Officer I (Correctional Facility)4761Procurement and Services Officer II (Correctional Facility)7162Product Engineering Technician, Prison Industries7156Production Manager I, Prison Industries1793Property Controller I (Correctional Facility)1794Property Controller II (Correctional Facility)9282Psychiatric Social Worker, Correctional Facility9283Psychologist–Clinical, Correctional Facility9284Psychology Associate, Correctional Facility9354Psychology Internship Director, Correctional Facility9285Psychometrist, Correctional Facility9274Public Health Nurse I, Correctional Facility9345Public Health Nurse II, Correctional Facility7145Quality Assurance Manager, Prison Industries3080Quality Control Technician, Prison Industries (Cleaning Products)9315Radiologic Technologist, Correctional Facility9286Recreation Therapist, Correctional Facility6715Refrigeration Engineer (Correctional Facility)9275Registered Nurse, Correctional Facility2734Resource Specialist, Special Education9316Respiratory Care Practitioner, Correctional Facility9854School Psychologist2077Seamer (Correctional Facility)9348Senior Clinical Laboratory Technologist, Correctional Facility9266Senior Laboratory Assistant, Correctional Facility2945Senior Librarian (Correctional Facility)8215Senior Medical Technical Assistant9346Senior Occupational Therapist, Correctional Facility9270Senior Psychiatrist, Correctional Facility (Specialist)9271Senior Psychiatrist, Correctional Facility (Supervisor)9289Senior Psychologist, Correctional Facility9287Senior Psychologist, Correctional Facility (Specialist)9288Senior Psychologist, Correctional Facility (Supervisor)9350Senior Radiologic Technologist, Correctional Facility (Specialist)9351Senior Radiologic Technologist, Correctional Facility (Supervisor)7562Sheet Metal Worker (Correctional Facility)6211Skilled Laborer (Correctional Facility)9911Social Worker, Youth Authority9272Staff Psychiatrist, Correctional Facility9290Staff Psychologist-Clinical, Correctional Facility6713Stationary Engineer (Correctional Facility)6718Stationary Engineer Apprentice (Four-Year Program) (Correctional Facility)6557Steamfitter Supervisor (Correctional Facility)3082Substitute Academic Teacher (Correctional Facility)9349Supervising Clinical Laboratory Technologist, Correctional Facility2183Supervising Cook I (Correctional Facility)2182Supervising Cook II (Correctional Facility)0716Supervising Groundskeeper II (Correctional

Facility)2044Supervising Housekeeper I (Correctional Facility)2940Supervising Librarian (Correctional Facility)9276Supervising Psychiatric Nurse, Correctional Facility9291Supervising Psychiatric Social Worker I, Correctional Facility9292Supervising Psychiatric Social Worker II, Correctional Facility9317Supervising Registered Nurse I, Correctional Facility9318Supervising Registered Nurse II, Correctional

Facility9319Supervising Registered Nurse III, Correctional Facility9910Supervising Social Worker I, Youth Authority9908Supervising Social Worker II, Youth Authority2305Supervisor of Academic Instruction (Correctional Facility)6763Supervisor of Building Trades (Correctional Facility)2384Supervisor of Commercial Diver Training2303Supervisor of Correctional Education Programs2370Supervisor of Vocational Instruction9277Surgical Nurse I, Correctional Facility9329Surgical Nurse II, Correctional Facility3073Teacher (Adaptive Physical Education) (Correctional Facility)2286Teacher (Cerebral Palsied Children) (Correctional Facility)2287Teacher (Elementary-Multiple Subjects) (Correctional Facility)2288Teacher (Emotionally/Learning Handicapped) (Correctional Facility)3075Teacher (English Language Development) (Correctional Facility)2297Teacher (Ethnic Studies) (Correctional Facility)2289Teacher (Family Life Education) (Correctional Facility)2373Teacher (Hearing Impaired) (Correctional

Facility)2284Teacher (High School-Arts and Crafts) (Correctional Facility)2285Teacher (High School-Business Education) (Correctional Facility)3074Teacher (High School-English/Language Arts) (Correctional Facility)3076Teacher (High School-Foreign Language) (Correctional Facility)2290Teacher (High School-General Education) (Correctional Facility)2291Teacher (High School-Home Economics) (Correctional Facility)3077Teacher (High School-Mathematics) (Correctional Facility)2294Teacher (High School-Music) (Correctional Facility)2295Teacher (High School-Physical Education) (Correctional Facility)3078Teacher (High School-Science) (Correctional

Facility)3079Teacher (High School-Social Science) (Correctional Facility)2298Teacher (Librarian) (Correctional Facility)2292Teacher (Children with Intellectual or Developmental Disabilities) (Correctional Facility)2371Teacher (Speech Development and Correction) (Correctional Facility)6400Teaching Assistant (Correctional Facility)7201Tobacco Factory Superintendent7560Tractor Operator-Laborer (Correctional Facility)6382Truck Driver (Correctional Facility)6772Utility Shops Supervisor (Correctional Facility)2387Vocational Instructor (Airframe Mechanics) (Correctional Facility)2853Vocational Instructor (Animal Husbandry) (Correctional Facility)2396Vocational Instructor (Auto Body and Fender Repair) (Correctional Facility)2398Vocational Instructor (Auto Mechanics) (Correctional Facility)2399Vocational Instructor (Baking) (Correctional Facility)2400Vocational Instructor (Bookbinding) (Correctional Facility)2854Vocational Instructor (Building Maintenance) (Correctional Facility)2417Vocational Instructor (Carpentry) (Correctional Facility)2419Vocational Instructor (Commercial Diver

Training) (Correctional Facility)2855Vocational Instructor (Computer and Related Technologies) (Correctional Facility)2420Vocational Instructor (Cosmetology) (Correctional Facility)2422Vocational Instructor (Culinary Arts) (Correctional Facility)2869Vocational Instructor (Dental Technology) (Correctional Facility)2856Vocational Instructor (Diesel Mechanics) (Correctional Facility)2423Vocational Instructor (Dog Grooming and Handling) (Correctional Facility)2425Vocational Instructor (Drycleaning Works) (Correctional Facility)2857Vocational Instructor (Drywall Installer/Taper) (Correctional Facility)2426Vocational Instructor (Electrical Work) (Correctional Facility)2428Vocational Instructor (Electronics) (Correctional Facility)2688Vocational Instructor (Eyewear Manufacturing) (Correctional Facility)2429Vocational Instructor (Fire Science) (Correctional Facility)2858Vocational Instructor (Floor Cover Layer) (Correctional Facility)2431Vocational Instructor (Furniture Refinishing and Repair) (Correctional Facility)2432Vocational Instructor (Garment Making) (Correctional Facility)2433Vocational Instructor (Heavy Equipment Repair) (Correctional Facility)2597Vocational Instructor (Household Appliance Repair) (Correctional Facility)2598Vocational Instructor (Industrial Arts) (Correctional Facility)2599Vocational Instructor (Instrument Repair) (Correctional Facility)2600Vocational Instructor (Janitorial Service) (Correctional Facility)2601Vocational Instructor (Landscape Gardening) (Correctional Facility)2611Vocational Instructor (Laundry Work) (Correctional Facility)2614Vocational Instructor (Machine Shop Practice) (Correctional Facility)2615Vocational Instructor (Masonry) (Correctional Facility)2619Vocational Instructor (Meat Cutting) (Correctional Facility)2627Vocational Instructor (Mechanical Drawing) (Correctional Facility)2628Vocational Instructor (Merchandising) (Correctional Facility)2630Vocational Instructor (Mill and Cabinet Work) (Correctional Facility)2674Vocational Instructor (Office Machine Repair) (Correctional Facility)2849Vocational Instructor (Office Services and Related Technologies) (Correctional Facility)2640Vocational Instructor (Offset Printing) (Correctional Facility)2644Vocational Instructor (Painting) (Correctional Facility)2645Vocational Instructor (Plastering) (Correctional Facility)2661Vocational Instructor (Plumbing) (Correctional Facility)2665Vocational Instructor (Powerplant Mechanics) (Correctional Facility)2666Vocational Instructor (Printing) (Correctional Facility)2667Vocational Instructor (Radiologic Technology) (Correctional Facility)2668Vocational Instructor (Refrigeration and Air-conditioning Repair) (Correctional Facility)2850Vocational Instructor (Roofer) (Correctional Facility)2669Vocational Instructor (Sewing Machine Repair) (Correctional Facility)2670Vocational Instructor (Sheet Metal Work) (Correctional Facility)2671Vocational Instructor (Shoemaking) (Correctional Facility)2672Vocational Instructor (Silk Screening Process) (Correctional Facility)2851Vocational Instructor (Small Engine Repair) (Correctional Facility)2673Vocational Instructor (Storekeeping and Warehousing) (Correctional Facility)5415Vocational Instructor (Telemarketing/Customer Service) (Correctional Facility)2675Vocational Instructor (Upholstering) (Correctional Facility)2676Vocational Instructor (Vocational Nursing) (Correctional Facility)2677Vocational Instructor (Welding) (Correctional Facility)1504Warehouse Manager I (Correctional Facility)1502Warehouse Manager II (Correctional Facility)6221Warehouse Worker (Correctional Facility)6724Water and Sewage Plant Supervisor (Correctional Facility)2311Youth Authority Teacher

(b) In addition, “state safety member” shall also include officers and employees of the Department of Corrections and Rehabilitation in any classification of Vocational Instructor, Industrial Supervisor, Industrial Superintendent, Assistant Industrial Superintendent, or Production Manager II (Prison Industries) that is established on or after January 1, 1984, if the Department of Human Resources and the State Personnel Board approve the inclusion of the classification.

(c) “State safety member” shall also include officers and employees in parenthetical specialty classes when the core class has already been expressly included in the state safety membership category if the Department of Human Resources and the State Personnel Board approve the inclusion of the classifications. The inclusion shall not be effective until notice of the inclusion has been received by the board.

(d) Any of these officers or employees in employment on the operative date of an amendment to this section and who becomes a state safety member as a result of that amendment, may elect by a writing filed with the board prior to 90 days after notification by the board, to be restored to their previous status as a state industrial member. Upon the filing of the election the member shall cease to be a state safety member, and their rights and obligations shall be restored prospectively and retroactively to the operative date of that amendment.

history: (History: Amended by Stats. 2023, Ch. 797, Sec. 3. (AB 248) Effective January 1, 2024.)

article: 3. Safety Member Classification—State


text:
Notwithstanding Section 20405, this section shall apply to state employees in state bargaining units that have agreed to these provisions in a memorandum of understanding between the state employer and the recognized employee organization, as defined in Section 3513, state employees who are excluded from the definition of “state employee” by subdivision (c) of Section 3513, and officers or employees of the executive branch of state government who are not members of the civil service.

(a) On and after the effective date of this section, state safety members shall also include officers and employees whose classifications or positions are found to meet the state safety criteria prescribed in Section 19816.20, provided the Department of Human Resources agrees to their inclusion, and officers and employees whose classifications or positions have been designated as subject to state safety membership pursuant to Section 19816.21. For employees covered by a collective bargaining agreement, the effective date of safety membership shall be the date on which the department and the employees’ exclusive representative reach agreement by memorandum of understanding pursuant to Section 3517.5 or any later date specified in the memorandum of understanding. For employees not covered by a collective bargaining agreement, the Department of Human Resources shall determine the effective date of safety membership.

(b) The department shall notify the board as new classes or positions become eligible for state safety membership, as specified in subdivision (a), and specify how service prior to the effective date shall be credited.

(c) The department shall prepare and submit to the Legislature an annual report that contains the classes or positions that are eligible for state safety membership under this section.

(d) Any person designated as a state safety member pursuant to this section may elect, within 90 days of notification by the board, to remain subject to the miscellaneous or industrial service retirement benefit and contribution rate by filing an irrevocable election with the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21076, 21353, or 21354.1, as applicable, only for service also included in the federal system.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 115. (SB 1308) Effective January 1, 2013.)

article: 3. Safety Member Classification—State


text: A member who made the election to remain under the miscellaneous or industrial retirement benefit, as provided in Section 20405.1, may elect to be subject to the state safety formula within 90 days of notification by the board. The election, which shall be provided by the board on and after January 1, 2000, shall be filed with the board. Past service that would have been credited as a safety member, but for the member’s election to remain under the miscellaneous or industrial formula, shall be credited under the safety formula. This section shall apply to state employees in state bargaining units that have agreed to this provision in a memorandum of understanding, or authorized by the Director of Human Resources for classifications of state employees that are excluded from the definition of state employee by paragraph (c) of Section 3513.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 116. (SB 1308) Effective January 1, 2013.)

article: 3. Safety Member Classification—State


text:
(a) A member who is an employee of the Department of Corrections and Rehabilitation, who made the election to remain under the state industrial membership classification, as provided in subdivision (d) of Section 20405, may elect to be subject to state safety membership within 90 days of notification by the board, if the employee is in any of the following classifications:

(1) Dentist, Correctional Facility.

(2) Physician and Surgeon, Correctional Facility.

(3) Staff Psychiatrist, Correctional Facility.

(4) Podiatrist, Correctional Facility.

(b) The election, which shall be provided by the board on and after January 1, 2002, shall be filed with the board. Past service that would have been credited as a state safety member, but for the member’s election to remain under the state industrial formula, shall be credited as safety service.

(c) This section shall apply to state employees in State Bargaining Unit 16 and, if authorized by the Director of Human Resources, state employees that are excluded from the definition of “state employee” by paragraph (c) of Section 3513.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 117. (SB 1308) Effective January 1, 2013.)

article: 3. Safety Member Classification—State


text: “State safety member” also includes persons employed by the state to perform lifeguard services and whose principal duties consist of active protection, rescue, and rendition of aid or assistance to persons injured or imperiled at beaches and lakes, streams, dams, reservoirs, or other bodies of open water, but not including swimming pools, and including members employed to perform duties performed under the titles of “District Aquatic Supervisor,” “Lifeguard Supervisor,” and “Lifeguard” or equivalent successor classes, some of which (including the maintenance of peace and order and the apprehension of law violators) are customarily performed by police or peace officers, and whose other duties (such as resuscitation work involving the use of special equipment in cases having no connection with their principal duties) that in other areas are customarily performed by firemen, and other and further duties that do not come directly within any of the above classifications but are essential to the safety and security of the public, other than persons employed under those titles on a seasonal basis, but excluding clerical, maintenance personnel, and others who do not fall within the scope of active lifeguarding or lifesaving services as described in this section even though those persons are subject to occasional call or are occasionally called upon to perform duties within the scope of active lifeguarding or lifesaving.

article: 3. Safety Member Classification—State


text:
“State safety member” also includes officers and employees with the State Department of State Hospitals and the Department of Corrections and Rehabilitation in the following classifications:ClassificationCodeClassification Title 8254Prelicensed Psychiatric Technician(forensic facility)8253Psychiatric Technician(forensic facility)8252Senior Psychiatric Technician(forensic facility)8212Nurse Practitioner(forensic facility)8160Health Services Specialist(forensic facility)7601Program Director-Medical(forensic facility)“State safety member” also includes an officer or employee of the State Department of State Hospitals at Patton State Hospital or Atascadero State Hospital, the State Department of State Hospitals Psychiatric Program of California Medical Facility at Vacaville, or any other state hospital that is deemed a forensic facility, who either is excluded from the definition of state employee in subdivision (c) of Section 3513 or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service. An officer or employee may be a state safety member under this paragraph only if the person has responsibility for the direct supervision of state safety personnel specified in the classifications listed in this section and if the State Personnel Board determines that these officers and employees meet the state safety membership criteria established pursuant to Section 18717. The Department of Human Resources shall determine which classes meet the above conditions and report its findings to the Public Employees’ Retirement System, whereupon the change in membership categories shall take effect.

Any person so designated pursuant to this section may elect, within 90 days of notification by the board, to remain subject to the miscellaneous service retirement benefit and contribution rate by filing an irrevocable notice of election with the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for service also included in the federal system.

history: (History: Amended by Stats. 2012, Ch. 440, Sec. 27. (AB 1488) Effective September 22, 2012.)

article: 3. Safety Member Classification—State


text:
(a) Notwithstanding Section 20407, any person designated as a state safety member pursuant to Section 20407 who elected to remain subject to the miscellaneous service retirement benefit and contribution rate as provided in that section may elect instead to be subject to the state safety service retirement benefit and contribution rate.

(b) This section shall apply to those officers and employees of the State Department of State Hospitals described in Section 20407 who are represented by State Bargaining Unit 18 and who became safety members effective January 1, 1998, when the Napa State Hospital and the Metropolitan State Hospital were designated as forensic facilities.

(c) This section shall also apply to any member who is excluded from the definition of state employee in subdivision (c) of Section 3513 and who is directly associated with employees represented by State Bargaining Unit 18.

(d) The election provided under this section shall be filed with the board by the member within 90 days after notification by the board that the member has the right to elect to be subject to the state safety member service retirement formula and contribution rates. If the election is not made by the member, he or she shall remain subject to the miscellaneous service retirement benefit and contribution rate.

history: (History: Amended by Stats. 2012, Ch. 440, Sec. 28. (AB 1488) Effective September 22, 2012.)

article: 3. Safety Member Classification—State


text: “State safety member” also includes officers and employees with the State Department of State Hospitals or the Department of Forestry and Fire Protection in the following classifications:Classification CodeClassification Title2860Audio Visual Assistant (Correctional Facility)2861Audio Visual Specialist (Correctional Facility)8094Registered Nurse (Forensic Facility)“State safety member” also includes an officer or employee of the State Department of State Hospitals at Patton State Hospital or Atascadero State Hospital, who either is excluded from the definition of state employee in subdivision (c) of Section 3513, or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service. An officer or employee may be a state safety member under this paragraph only if the person has responsibility for the supervision of state safety personnel specified in the classifications listed in this section and if the State Personnel Board determines that these officers and employees meet the state safety membership criteria established pursuant to Section 18717. The Department of Human Resources shall determine which classes meet the above conditions and report its findings to this system, whereupon the change in membership categories shall take effect.

history: (History: Amended by Stats. 2012, Ch. 440, Sec. 29. (AB 1488) Effective September 22, 2012.)

article: 3. Safety Member Classification—State


text:
(a) “State safety member” shall also include officers and employees of the following departments with the following class titles: ClassCodeClassificationDepartment8330Aircraft Pilot, Department of JusticeJustice8997Arson and Bomb InvestigatorFire Marshal9027Assistant Chief, Food and Drug SectionHealth Services8609Chief, Bureau of Fraudulent Claims, Department of InsuranceInsurance8610Chief, Division of Investigations, Department of Consumer AffairsConsumer Affairs8988Chief Firefighter/Security GuardVeterans Affairs9030Chief, Food and Drug SectionHealth Services8613Chief, Investigation Bureau, Department of Health ServicesHealth Services1986Chief Museum Security OfficerMuseum of Science and Industry8673Deputy Division Chief, Alcoholic Beverage ControlAlcoholic Beverage Control8677District Administrator, Alcoholic Beverage ControlAlcoholic Beverage Control8990Firefighter/Security GuardVeterans Affairs8966Division Chief, California State Fire MarshalFire Marshal9090Fire Service Training Specialist IIIFire Marshal9091Fire Service Training SupervisorFire Marshal9028Food and Drug Program CoordinatorHealth Services9029Food and Drug Regional AdministratorHealth Services9042Food and Drug Specialist IIHealth Services9039Food and Drug Specialist IIIHealth Services9036Food and Drug Specialist IVHealth Services9043Food and Drug TraineeHealth Services9007Food Technology SpecialistHealth Services1937Hospital Peace Officer IDevelopmental Services, Mental Health, Consumer Affairs1936Hospital Peace Officer IIDevelopmental Services, Mental Health, Consumer Affairs1935Hospital Peace Officer IIIDevelopmental Services, Mental Health1992Museum Security OfficerMuseum of Science and Industry0891Park Safety and Enforcement SupervisorParks and Recreation0890Park Safety and Enforcement SpecialistParks and Recreation8358State Security OfficerGeneral Services8999Chief Arson and Bomb InvestigatorFire Marshal8989Supervising

Firefighter/Security GuardVeterans Affairs1988Supervising Museum Security OfficerMuseum of Science and Industry8678Supervising Special Investigator, Alcoholic Beverage ControlAlcoholic Beverage Control(b) Any person employed in the classifications described in subdivision (a) in the department indicated may elect, within 90 days of September 27, 1982, to remain subject to the miscellaneous service retirement benefit by filing an irrevocable notice of election with the board. A member who so elects shall be subject to the reduced benefit factors specified in Section 21353 or 21354.1, as applicable, only for service also included in the federal system.

(c) This section shall not become applicable to any member included in a classification until a ruling or regulation authorizing the inclusion of persons employed in that classification within the definition of “policeman” or “fireman,” or both, is issued by the federal agency for purposes of Section 418(d)(5)(A) of Title 42 of the United States Code.

history: (History: Amended by Stats. 1999, Ch. 555, Sec. 11. Effective January 1, 2000.)

article: 3. Safety Member Classification—State


text: “State safety member” also includes all persons in the Department of Alcoholic Beverage Control, the Board of Parole Hearings, the Department of Consumer Affairs, the Department of Developmental Services, the Department of Health Care Services, the Department of Toxic Substances Control, the California Horse Racing Board, the Department of Industrial Relations, the Department of Insurance, the State Department of State Hospitals, the Department of Motor Vehicles, and the Department of Social Services employed with the class title of Special Investigator (Class Code 8553), Senior Special Investigator (Class Code 8550), Investigator Trainee (Class Code 8555) and Investigator Assistant (Class Code 8554), Supervising Special Investigator I (Class Code 8548), Special Investigator II (Class Code 8547), and persons in the class of State Park Ranger (Intermittent) (Class Code 0984) in the Department of Parks and Recreation, who have been designated as peace officers as defined in Sections 830.2 and 830.3 of the Penal Code.

history: (History: Amended by Stats. 2013, Ch. 76, Sec. 95. (AB 383) Effective January 1, 2014.)

article: 3. Safety Member Classification—State


text: “State safety member” also includes members employed in the positions with the classification of Vocational Instructor (Barber Shop Practices) (Correctional Facility) (Class Code 2441).

history: (History: Amended by Stats. 1996, Ch. 906, Sec. 48. Effective January 1, 1997.)

article: 3. Safety Member Classification—State


text: “State safety member” shall also include persons employed to perform full-time active firefighting duties performed on April 1, 1972, under the titles of “institution fire chief,” “institution fireman,” and “campus firefighter” by state agencies other than the Department of Forestry and Fire Protection.

history: (History: Amended by Stats. 1996, Ch. 906, Sec. 49. Effective January 1, 1997.)

article: 3. Safety Member Classification—State


text: “State safety member” shall also include persons employed under the title of “campus firefighter” who performed active firefighting duties for the state on April 1, 1973, and who, on January 1, 1979, performed those duties for a local agency providing fire protection under contract to the state.

history: (History: Amended by Stats. 1996, Ch. 906, Sec. 50. Effective January 1, 1997.)

article: 3. Safety Member Classification—State


text:
“State safety member” also includes members employed in the Department of Parks and Recreation in the following classifications: State Park Ranger Trainee, State Park Ranger I, State Park Ranger II, State Park Ranger III, State Park Ranger IV, and State Park Technician.

“State safety member” also includes members employed in the Military Department in the following classifications: Firefighter Guard, Supervising Firefighter Guard, and Chief Firefighter Guard.

“State safety service,” with respect to a member who becomes a state safety member pursuant to this section, shall also include service with the specified departments prior to April 1, 1982.

history: (History: Amended by Stats. 1996, Ch. 906, Sec. 51. Effective January 1, 1997.)

article: 3. Safety Member Classification—State


text:
“State safety member” also includes members employed in the Department of Parks and Recreation in the following classifications: Manager I, State Park; Manager II, State Park; Manager III, State Park; Manager IV, State Park; and Manager V, State Park. New incumbents to these classes who are not peace officers, shall receive the training required by the Commission on Peace Officer Standards and Training within two years of appointment.

“State safety service,” with respect to a member who becomes a state safety member pursuant to this section, shall also include service prior to September 22, 1982.

history: (History: Amended by Stats. 1996, Ch. 906, Sec. 52. Effective January 1, 1997.)

article: 3. Safety Member Classification—State


text: “State safety member” includes all persons specified in this article by employer, classification, or duties performed, except persons in those classes defined as state peace officer/firefighter members.

article: 3. Safety Member Classification—State


text: “Local safety member” includes all local police officers, local sheriffs, firefighters, safety officers, county peace officers, and school safety members, employed by a contracting agency who have by contract been included within this system.

history: (History: Amended by Stats. 2000, Ch. 871, Sec. 1. Effective January 1, 2001.)

path: 2. GOVERNMENT OF THE STATE OF CALIFORNIA > 5. PERSONNEL > 4. Membership Classifications > 4. Safety Member Classification-Contracting Agencies and Schools


text:
“Local safety member” also includes all employees of a city who have by contract been included within this system, and whose principal duties consist of active protection, rescue, and rendition of aid or assistance to persons injured or imperiled in water areas at ocean beaches and the recovery from those water areas of submerged objects and bodies of persons drowned or believed to have drowned in those areas, or the immediate supervision thereof, including persons employed to perform the duties now performed under the titles of aquatics director, chief lifeguard, captain lifeguards, lieutenant lifeguards, beach lifeguard, but who performs additional duties, some of which (including the maintenance of peace and order and the apprehension of law violators) are customarily performed by police or peace officers, and whose other duties (such as resuscitation work involving the use of special equipment in cases having no connection with their principal duties) that in other areas are customarily performed by firefighters, and other and further duties that do not come directly within any of the above classifications but are essential to the safety and security of the public, excluding those whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise clearly do not fall within the scope of active lifeguarding or lifesaving service, even though the person is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active lifeguarding or lifesaving service.

This section does not apply to the employees of any contracting agency having a contract with the board made prior to September 18, 1959, until the agency elects to subject itself and its employees to the provisions of this section by amendment to its contract with the board pursuant to Section 20474; except that an election is required only among the employees to whom the provisions of this section apply.

The amendments of this section, made by Chapter 130 of the Statutes of 1982 do not constitute a substantive change in the law and shall not be construed to entitle any person to any right or benefit that he or she was not already entitled to prior to December 31, 1982.

history: (History: Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)

article: 4. Safety Member Classification-Contracting Agencies and Schools


text:
“Local safety member” also includes all employees of a public agency whose principal duties consist of rendering prehospital emergency medical care to ill or injured persons and who are employees designated as Emergency Medical Technician-I, Emergency Medical Technician-II, or Emergency Medical Technician-Paramedic, as defined by, respectively, Sections 1797.80, 1797.82, and 1797.84 of the Health and Safety Code.

This section shall not apply to any contracting agency nor to the employees of a contracting agency until the agency elects to be subject to this section by amendment to its contract with the board made pursuant to Section 20474 or by express provision in its contract with the board.


text:
“Local safety member” also includes any harbor or port police officer, employed by a contracting agency, who is a peace officer as defined in subdivision (b) of Section, 830.33 of the Penal Code and whose principal duties consist of active law enforcement of the laws contained in Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the California Department of Boating and Waterways, and Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code.

This section shall not apply to any contracting agency nor to the employees of a contracting agency until the agency elects to be subject to this section by amendment to its contract with the board, pursuant to Section 20474, or by express provision within its contract with the board.


text:
(a) “Local safety member” also includes any airport patrol officer, airport law enforcement officer, or airport police officer employed by a contracting agency who is a peace officer, as defined in subdivision (d) of Section 830.33 of the Penal Code, employed by a city, county, or district operating the airport or by a joint powers agency, created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, operating the airport, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, or properties of the employing agency.

(b) This section shall not apply to any contracting agency or to the employees of a contracting agency until the agency elects to be subject to this section by amendment to its contract with the board, pursuant to Section 20474, or by express provision within its contract with the board.

history: (History: Added by Stats. 2009, Ch. 79, Sec. 1. (AB 86) Effective January 1, 2010.)


text:
“Local safety member” also includes any park ranger employed by a contracting agency who is a peace officer as defined in subdivision (b) of Section 830.31 of the Penal Code and whose primary responsibility is maintaining the peace and whose duties include law enforcement, emergency medical care first response, or fire suppression and prevention.

This section shall not apply to any contracting agency nor to the employees of a contracting agency until the agency elects to be subject to this section by amendment to its contract with the board pursuant to Section 20474, or by express provision within its contract with the board.

history: (History: Amended by Stats. 2002, Ch. 664, Sec. 101. Effective January 1, 2003.)


text:
(a) “Local safety member” also includes local prosecutors, local public defenders, and local public defender investigators.

(b) For purposes of this part, “local prosecutor” means any one of the following:

(1) A county officer or employee who meets all of the following criteria:

(A) He or she is or, on or after January 1, 2002, was employed in the office of the district attorney.

(B) His or her job classification is or, on or after January 1, 2002, was district attorney, deputy district attorney, chief deputy district attorney, senior deputy district attorney, assistant district attorney, chief assistant district attorney, senior assistant district attorney, or any other similar classification or title.

(C) His or her effective date of retirement is on or after the date this section becomes applicable to the member’s contracting agency as provided in subdivision (g).

(2) A county officer or employee who meets all of the following criteria:

(A) He or she was employed in the office of a district attorney prior to the date the local child support agency transitioned from the district attorney to a new county department, as specified in Section 17304 of the Family Code.

(B) His or her job classification was district attorney, deputy district attorney, chief deputy district attorney, senior deputy district attorney, assistant district attorney, chief assistant district attorney, senior assistant district attorney, or any other similar classification or title.

(C) He or she is or, on or after January 1, 2002, was an attorney in a local child support agency, as defined in subdivision (h) of Section 17000 of the Family Code, with no break in service between employment by a district attorney and the local child support agency.

(D) His or her effective date of retirement is on or after the date this section becomes applicable to the member’s contracting agency as provided in subdivision (g).

(3) A city officer or employee who meets all of the following criteria:

(A) He or she is or, on or after January 1, 2002, was employed in the office of the city attorney.

(B) He or she is or, on or after January 1, 2002, was primarily engaged in the active enforcement of criminal laws within any court operating in a county.

(C) His or her job classification is or, on or after January 1, 2002, was city attorney, deputy city attorney, chief deputy city attorney, assistant city attorney, chief assistant city attorney, or any other similar classification or title.

(D) His or her effective date of retirement is on or after the date this section becomes applicable to the member’s contracting agency as provided in subdivision (g).

(c) For purposes of this part, “local public defender” means a city or county officer or employee who meets all of the following criteria:

(1) He or she is or, on or after January 1, 2002, was employed in the office of the public defender, the alternate public defender, or any similar office title.

(2) His or her job classification is or, on or after January 1, 2002, was public defender, deputy public defender, chief deputy public defender, senior deputy public defender, assistant public defender, chief assistant public defender, senior assistant public defender, or any other similar classification or title.

(3) His or her effective date of retirement is on or after the date this section becomes applicable to the member’s contracting agency as provided in subdivision (g).

(d) For purposes of this part, “local public defender investigator” means a city or county officer or employee who meets all of the following criteria:

(1) He or she is or, on or after January 1, 2002, was employed in the office of the public defender, the alternate public defender, or any other similar office title.

(2) His or her job classification is or, on or after January 1, 2002, was inspector, investigator, detective, or any other similar classification or title.

(3) His or her principal duties are or, on or after January 1, 2002, were to investigate crime and criminal cases.

(4) His or her effective date of retirement is on or after the date this section becomes applicable to the member’s contracting agency as provided in subdivision (g).

(e) Notwithstanding Section 20890, past local miscellaneous service performed by a local prosecutor, local public defender, or local public defender investigator who becomes a local safety member pursuant to this section shall be converted to local safety service if the past service was rendered in a position that has subsequently been reclassified as a safety position pursuant to this section. For local prosecutors described in paragraph (2) of subdivision (b), service in the office of a district attorney and a local child support agency shall be considered service for the district attorney for the purposes of this section. Any unfunded liability resulting from this section shall be paid by the employer.

(f) Notwithstanding any other provision of this part or any provision of the contracting agency’s contract with the board, local prosecutors, local public defenders, and local public defender investigators shall be subject to the benefit formula contained in Section 21362, 21363, or 21363.1, or any other benefit formula applicable to local safety members that does not provide benefits greater than those benefits provided under Section 21363.1, as designated in the contract amendment or express contract provision described in subdivision (g).

(g) This section shall not apply to any officers and employees of a contracting agency or to the agency unless and until the contracting agency elects to be subject to this section by amendment to its contract with the board, made as provided in Section 20474, or by express provision in its contract with the board. If a contracting agency elects to be subject to this section, the contracting agency shall include all local prosecutors, local public defenders, and local public defender investigators described in this section.

(h) This section does not apply to any officer or employee of a contracting agency who dies prior to the date the contracting agency elects to be subject to this section.

history: (History: Added by Stats. 2002, Ch. 1152, Sec. 3. Effective January 1, 2003.)


text:
“Local safety officer” means any officer or employee of a public safety department of a contracting agency, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise and whose functions do not clearly fall within the scope of active law enforcement or firefighting and prevention service even though the employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement or firefighting and prevention service, but not excepting persons employed and qualifying as patrol officers or equal or higher rank, or as firefighters, hose officers, or equal or higher rank, irrespective of the duties to which they are assigned.

“Local safety officer” does not include persons employed to perform identification or communication duties. This paragraph shall not apply to persons employed and qualified as patrol officers or equal or higher rank, or as firefighters, hose officers, or equal or higher rank.


text:
“Local police officer” means any officer or employee of a police department of a contracting agency which is a city, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise and whose functions do not clearly fall within the scope of active law enforcement service even though the employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement service, but not excepting persons employed and qualifying as patrolmen or equal or higher rank irrespective of the duties to which they are assigned.

“Local police officer” does not include persons employed to perform identification or communication duties, other than persons in that employment on August 4, 1972, who elected within 90 days thereafter to be local safety members. A contracting agency may elect by amendment to its contract to include as “local police officer” all persons who were employed to perform identification or communication duties on August 4, 1972, and who elect within 60 days of the effective date of the contract amendment to be local safety members. The election shall apply to the person’s past as well as future service in the employment held on the effective date but shall not apply to service following any subsequent acceptance of appointment to a position other than that held on the effective date. This paragraph shall not apply to persons employed and qualified as patrol officers or equal or higher rank.


text:
“Local police officer” also includes any officer or employee of a police department of a contracting agency that is a city, employed to perform communication duties for an employer that contracted with this system for coverage for its local police officers on October 1, 1948, and who elected to become a local safety member on August 25, 1973, pursuant to Chapter 91 of the Statutes of 1973.

This section shall not apply to any contracting agency nor to the employees of a contracting agency until the agency elects to be subject to this section by amendment to its contract made in the manner prescribed for the approval of contracts or, in the case of contracts made after January 1, 1989, by express provision in the contract making the contracting agency subject to this section.


text:
“Local police officer” also includes any officer or employee of a juvenile bureau of a contracting agency whose principal duties consist of active law enforcement service, except persons whose principal duties are clerical or otherwise clearly do not fall within the scope of active law enforcement, even though the person is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement.

The provisions of this section do not apply to the employees of any contracting agency having a contract with the board made prior to September 22, 1951, until the agency elects to subject itself and its employees to the provisions of this section by amendment to its contract with the board pursuant to Section 20474; except that an election is required only among the employees to whom Section 20427 applies.


text: “Local police officer” shall also include any officer or employee of a contracting agency that is a city and county, in any employment in which he or she was a law enforcement member as defined by Section 20402 at the time of the assumption by the city and county of the function in which he or she was employed.


text:
“Local police officer” also includes any officer or employee of a contracting agency other than a city or a county who is a peace officer as defined in the Penal Code and whose principal duties consist of active law enforcement but excluding clerical personnel or those whose principal duties are that of communication officer, identification officer, machinist, mechanic, security officer or are otherwise not clearly within the scope of active law enforcement, even though the person is subject to occasional call, or is occasionally called upon to perform duties within the scope of active law enforcement.

The provisions of this section shall apply to any contracting agency that is not a city or county with respect to any of its employees who were local police officers within the meaning of Section 20425 prior to its amendment by Chapter 625 of the Statutes of 1975 and in employment on January 1, 1976.

The provisions of this section shall not otherwise apply to the employees of any contracting agency nor to any contracting agency until the contracting agency elects to be subject to the provisions of this section by amendment to its contract with the board made as provided in Section 20474 or by express provision in its contract with the board.

history: (History: Amended by Stats. 2002, Ch. 664, Sec. 102. Effective January 1, 2003.)


text: “Local police officer” also includes any officer or employee of a school district or a community college district that has established a police department pursuant to Section 38000 or 72330 of the Education Code, whose principal duties consist of active law enforcement service, except persons whose principal duties are clerical or otherwise clearly do not fall within the scope of active law enforcement, even though the person is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement. This section shall only apply to any school district or community college district that prior to June 30, 1982, had amended its contract to provide membership for local police officers.

history: (History: Amended by Stats. 2019, Ch. 330, Sec. 4. (SB 782) Effective January 1, 2020.)


text:
“Local police officer” also includes any employee of a contracting agency that is a city, who is employed in a jail or a detention or correctional facility and having as his or her primary duty and responsibility the supervision and custody of persons committed to the jail or facility. It shall not include persons employed as clerks, typists, teachers, instructors, or psychologists or to provide food, maintenance, health, or supporting services, even though responsibility for custody and control of persons so committed may be incident to, or imposed in connection with, that service.

This section shall not apply to any contracting agency nor to the employees of a contracting agency until the agency elects to be subject to this section by contract or by amendment to its contract with the board, made pursuant to Section 20474 or by express provision in its contract with the board.


text:
(a) “Local sheriff” means any officer or employee of a sheriff’s office of a contracting agency, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service even though the employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement service, but not excepting persons employed and qualifying as deputy sheriffs or equal or higher rank irrespective of the duties to which they are assigned.

(b)“Local sheriff” does not include persons employed to perform identification or communication duties other than persons in that employment on August 4, 1972, who elected within 90 days thereafter to be local safety members. A contracting agency may elect by amendment to its contract to include as “local sheriff” all persons who were employed to perform identification or communication duties on August 4, 1972, and who elect within 60 days of the effective date of the contract amendment to be local safety members. The election shall apply to the person’s past as well as future service in the employment held on the effective date but shall not apply to service following any subsequent acceptance of appointment to a position other than that held on the effective date. This subdivision shall not apply to persons employed and qualified as deputy sheriffs or equal or higher rank.

(c) Any officer or employee who is a local sheriff as defined in this section shall not be deemed to be a county peace officer, as defined in Section 20436, for any purpose under this part.

(d) This section shall not apply to the employees of any contracting agency nor to any such agency unless and until the contracting agency elects to be subject to the provisions of this section by amendment to its contract with the board, made as provided in Section 20474 or by express provision in its contract with the board.

history: (History: Amended by Stats. 2001, Ch. 149, Sec. 1. Effective January 1, 2002.)


text:
(a) “Local sheriff” also means a regularly employed marshal of Shasta County or of a judicial district of Shasta County. “Local sheriff” also means a regularly employed deputy marshal of Shasta County or of a judicial district of Shasta County, or a district attorney investigator of Shasta or Butte County whose principal duties are to investigate crime and criminal cases, if the deputy marshal or district attorney investigator is a member of the deputy sheriffs’ bargaining unit in the county or the judicial district.

(b) An officer or employee who is a local sheriff as defined in this section is not a county peace officer as defined in Section 20436 or 20437.

(c) This section does not apply to the employees of any contracting agency nor to the agency, unless and until the contracting agency elects to be subject to this section by amendment to its contract with the board, made as provided in Section 20474, or by express provision in its contract with the board.

(d) Within 90 days of notice to the county that a risk pool has been established pursuant to Section 20225.5, which makes available the same service retirement formula provided to local sheriff members in the county, the members included in the local sheriff member classification pursuant to this section shall be included in one of the available risk pools.

history: (History: Added by Stats. 2002, Ch. 114, Sec. 1. Effective July 5, 2002.)


text:
(a) “Local sheriff” also means a regularly employed district attorney investigator of Solano County whose principal duties are to investigate crime and criminal cases, if the district attorney investigator is a member of the deputy sheriffs’ bargaining unit in the county or the judicial district.

(b) An officer or employee who is a local sheriff as defined in this section is not a county peace officer as defined in Section 20436 or 20437.

(c) This section does not apply to the employees of any contracting agency or to the agency, unless the contracting agency elects to be subject to this section by amendment to its contract with the board, made as provided in Section 20474, or by express provision in its contract with the board.

history: (History: Added by Stats. 2005, Ch. 708, Sec. 2. Effective January 1, 2006.)


text: “Local firefighter” means any officer or employee of a fire department of a contracting agency, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise and whose functions do not clearly fall within the scope of active firefighting, or active firefighting and prevention service, active firefighting and fire training, active firefighting and hazardous materials, active firefighting and fire or arson investigation, or active firefighting and emergency medical services, even though that employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active firefighting, or active firefighting and prevention service, active firefighting and fire training, active firefighting and hazardous materials, active firefighting and fire or arson investigation, or active firefighting and emergency medical services, but not excepting persons employed and qualifying as firefighters or equal or higher rank, irrespective of the duties to which they are assigned.

history: (History: Amended by Stats. 2001, Ch. 793, Sec. 5. Effective January 1, 2002.)


text:
“Local firefighter” also means any officer or employee of a fire department of a contracting agency, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise and whose functions do not clearly fall within the scope of active firefighting, fire prevention, fire training, hazardous materials, emergency medical services, or fire or arson investigation service, even though that employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active firefighting, fire prevention, fire training, hazardous materials, emergency medical services, or fire or arson investigation service, but not excepting persons employed and qualifying as firefighters or equal or higher rank, irrespective of the duties to which they are assigned.

This section shall not apply to the employees of any contracting agency nor to any contracting agency until the agency elects to be subject to this section by amendment to its contract with the board, made pursuant to Section 20474 or by express provision in its contract with the board.

history: (History: Amended by Stats. 2001, Ch. 793, Sec. 6. Effective January 1, 2002.)