The benefit formula for a state employee is based on the employee’s first hired date, CalPERS membership date, and bargaining unit.
The authority for determining if a class or position meets PO/FF retirement membership is contained in CalPERS law under Government Code sections 20391, 20392, 20393, 20395, and 20398. CalHR determines which excluded, CEA, and exempt classes or positions meet PO/FF retirement criteria specified in Government Code section 20398.
It is the policy of CalHR to apply the standard specified in Government Code section 20398 to ensure PO/FF designation is only approved for employees in classes or positions that meet PO/FF criteria.
CalPERS law, Government Code sections 20391, 20392, 20393, and 20395 outlines the criteria required for PO/FF membership as follows:
PO/FF membership includes full-time permanent employees represented by either Bargaining Unit 6 (Corrections), Bargaining Unit 7 (Protective Services and Public Safety), or Bargaining Unit 8 (Firefighters).
CalPERS law, Government Code section 20398 outlines the criteria required for PO/FF membership for Excluded, CEA, and Exempt employees.1) PO/FF membership includes state officers and employees (other than patrol officers) designed as “peace officers,” as defined in Penal Code sections 830.1, 830.2, 830.3, 830.38, 830.4, and 830.5. In addition, the majority (51 percent) of his or her duties consist of one of the following:A) Responsibility for direct supervision of state PO/FF personnel as specified in CalPERS law, Government Code section 20391, 20392, 20393, and 20395.B) Conducting investigations or audit of investigatory practices and other audit 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 fire suppression.
2) Firefighters who have principal duties that consist of active firefighting/fire suppression.
“Direct Supervision” means the actions of the employee designated as a PO/FF member in a position that is in the direct chain of command over state peace officers or firefighters.
“Administration” means the actions of the employee designated as a PO/FF 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 PO/FF members.
Employees in classes or positions shall not be granted PO/FF benefits if they have ongoing responsibilities for the any of the following:
When you request a new peace officer class or change to the penal code, the Commission on Peace Officer Standards and Training (POST) conducts a feasibility study to review:
POST may charge you for the cost of the study. Also, POST will recommend to the legislature whether to add a new peace officer class.
Departments, Unions, and CalHR Labor Relations staff must submit a PO/FF designation request to CalHR as follows:
1. Review the PO/FF membership criteria to determine if the class or position meets the requirements.2. If the class meets the PO/FF criteria, complete the “Retirement Designation Request” form and attach the supporting documents listed on the form as one package.3. You have the option to submit the package as follows:
Scan and email package to: RetirementRequests@calhr.ca.gov
CalHR, Personnel Management Division1515 S Street, North Building, Suite 500Sacramento, CA 95811
CalHR, Personnel Management Division
1515 S Street, North Building, Suite 500
Sacramento, CA 95811
4. Denial: If the class or position doesn’t meet PO/FF criteria, CalHR will send a written denial notice to the department.5. Approval: If CalHR staff determines the class or position meets the PO/FF criteria, CalHR will send a written notice to the department, SCO, and CalPERS to designate the class as PO/FF. CalPERS then designates the class and moves the employees into the PO/FF retirement category. CalPERS notifies SCO to establish the class(es) as PO/FF retirement in the transaction audit tables and sends a confirmation to the department’s personnel officer and the CalHR. The department may then key in the class transactions without generating errors from SCO and CalPERS databases.6. CalPERS sends an election letter to each employee giving them a one-time option to retain their current formula or switch to the safety formula. All future employees that are hired into the class will then be automatically placed into the PO/FF retirement formula.
Note: Departments are not authorized to provide PO/FF designation for a class or position without CalHR approval.
CalHR conducts periodic reviews of the PO/FF retirement plan in order to:
As required by CalPERS laws, CalHR will continue to provide the Legislature with an annual report of newly approved POFF classes and positions. The report is provided on July 1 of each year.