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CALIFORNIA STATUTES AND CODES

SECTIONS 20390-20416

GOVERNMENT CODE
SECTION 20390-20416
20390. (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. 20391. "State peace officer/firefighter member" means: (a) All persons in the Board of Prison Terms, the Department of Consumer Affairs, the Department of Developmental Services, the Department of Health Services, the Department of Toxic Substances Control, the Horse Racing Board, the Department of Industrial Relations, the Department of Insurance, the Department of Mental Health, 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. 20392. "State peace officer/firefighter member" also includes officers and employees with the following class titles: Class Code Classification 6875 Air Operations Officer I 1056 Air Operations Officer II 1053 Air Operations Officer III 6877 Air Operations Officer I (Maintenance) 6882 Air Operations Officer II (Maintenance) 1050 Air Operations Officer III (Maintenance) 8997 Arson and Bomb Investigator Board Coordinating Parole Agent, 9694 Youthful Offender Parole Board 9904 Correctional Counselor I 9903 Correctional Counselor II 9662 Correctional Officer 9911 Case Work Specialist, Youth Authority 9013 Deputy State Fire Marshal III (Specialist) 9086 Deputy State Fire Marshal 9010 Deputy State Fire Marshal III (Supervisor) 1077 Fire Apparatus Engineer 1095 Fire Captain 1072 Fire Control Aid 8979 Firefighter 1083 Firefighter I 1082 Firefighter II 9001 Firefighter (Correctional Institution) 8990 Firefighter/Security Officer 1047 Fire Prevention Officer I 1049 Fire Prevention Officer II 9090 Fire Service Training Specialist III 8418 Fish and Game Patrol, Lieutenant 8421 Fish and Game Warden, Department of Fish and Game 9039 Senior Food and Drug Investigator 9028 Food and Drug Program Specialist 9007 Food Technology Specialist 1060 Forestry Aid 1046 Forestry Pilot (Helicopter) 9579 Group Supervisor/Youth Correctional Officer 9578 Group Supervisor Trainee 6387 Heavy Fire Equipment Operator 1937 Hospital Peace Officer I 8416 Lieutenant Fish and Game Patrol Boat 0992 Lifeguard 8217 Medical Technical Assistant, Correctional Facility 1992 Museum Security Officer I 9701 Parole Agent I, Youth Authority 9765 Parole Agent I, Adult Parole 9696 Parole Agent II, Youth Authority (Specialist) 9763 Parole Agent II, Adult Parole (Supervisor) 9762 Patrol Agent II, Adult Parole (Specialist) 8215 Senior Medical Technical Assistant 8359 Sergeant, California State Police 8980 State Fire Marshal Trainee 9723 State Forest Ranger I (Nonsupervisory) 9724 State Forest Ranger II (Nonsupervisory) 0983 State Park Ranger I 8464 State Police Officer 8358 State Security Officer 8989 Captain Firefighter/Security Officer 8410 Warden-Pilot Department of Fish and Game 9581 Youth Counselor/Youth Correctional Counselor 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 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. 20393. "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. 20394. "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. 20395. "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. 20396. (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. 20397. "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, excluding the Chief Sergeant-at-Arms. (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. 20398. "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) The Department of Personnel Administration 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 Personnel Administration. (e) 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. 20399. "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. 20400. (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. 20401. "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. 20401.5. (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). 20402. "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. 20403. "State safety member" shall also include officers and employees in (a) the Department of Corrections employed to perform the duties now performed in positions with the following class titles: Deputy Director, Department of Corrections; 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; 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 Prison Industry Authority employed to perform duties now performed in positions with the following class titles: General Manager; Assistant General Manager, Administration and Marketing Branch; Chief, Industry Implementation Division; and Activation Manager. 20404. 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. 20405. (a) "State safety member" shall also include officers and employees of the Board of Prison Terms, the Department of Corrections, the Department of the Youth Authority, or the Prison Industry Authority in the following classifications: Classification Code Classification 0683 Assistant Dairy Operator 2156 Assistant Food Manager (Correctional Facility) 4302 Assistant General Manager, Operations 2080 Assistant Seamer (Correctional Facility) Assistant Warden, Psychiatric 5447 Services, Correctional Facility 6868 Automobile Mechanic (Correctional Facility) Automotive Equipment Operator I 6394 (Correctional Facility) Automotive Equipment Operator II 6392 (Correctional Facility) 6893 Automotive Pool Manager I (Correctional Facility) 2224 Baker I (Correctional Facility) 2221 Baker II (Correctional Facility) 2086 Barber (Correctional Facility) 2084 Barbershop Manager (Correctional Facility) Building Maintenance Worker 6216 (Correctional Facility) 2245 Butcher-Meat Cutter II (Correctional Facility) 6483 Carpenter I (Correctional Facility) 6474 Carpenter II (Correctional Facility) 6471 Carpenter III (Correctional Facility) 2015 Chief Assistant General Manager, Prison Industries 4110 Chief, Day Labor Programs (Correctional Facility) 9344 Chief Dentist, Correctional Facility Chief Deputy, Clinical Services, 2578 Correctional Facility 6699 Chief Engineer I (Correctional Facility) 7547 Chief Medical Officer, Correctional Facility 6754 Chief of Plant Operation I (Correctional Facility) 6751 Chief of Plant Operation II (Correctional Facility) Chief of Plant Operation III 6748 (Correctional Facility) 9267 Chief Physician and Surgeon, Correctional Facility 7612 Chief Psychiatrist, Correctional Facility 9859 Chief Psychologist, Correctional Facility 7146 Chief, Quality Assurance, Prison Industries 9279 Clinical Dietician, Correctional Facility Clinical Laboratory Technologist, 9293 Correctional Facility 4132 Construction Supervisor (Correctional Facility) 4107 Construction Supervisor I (Correctional Facility) 4108 Construction Supervisor II (Correctional Facility) 4109 Construction Supervisor III (Correctional Facility) 2187 Cook I (Correctional Facility) 2186 Cook II (Correctional Facility) Correctional Business Manager I, 7208 Department of Corrections Correctional Business Manager II, 4744 Department of Corrections Correctional Health Services 4910 Administrator I, Correctional Facility Correctional Health Services 4912 Administrator II, Correctional Facility Correctional Plant Manager I, 6304 Department of Corrections Correctional Plant Manager II, 6305 Department of Corrections Correctional Plant Supervisor, 6303 Department of Corrections 9296 Dental Assistant, Correctional Facility 9298 Dental Hygienist, Correctional Facility Dental Laboratory Technician, 9299 Correctional Facility 9268 Dentist, Correctional Facility 7200 Dry Cleaning Plant Supervisor 6544 Electrician I (Correctional Facility) 6538 Electrician II (Correctional Facility) 6534 Electrician III (Correctional Facility) 6916 Electronics Technician (Correctional Facility) Equipment Maintenance Supervisor 6865 (Correctional Facility) 2153 Food Administrator I (Correctional Facility) 2147 Food Administrator II (Correctional Facility) 2150 Food Manager (Correctional Facility) 2196 Food Service Worker I (Correctional Facility) 2195 Food Service Worker II (Correctional Facility) 6955 Fusion Welder (Correctional Facility) 6628 Glazier (Correctional Facility) 0743 Groundskeeper (Correctional Facility) Heavy Equipment Mechanic (Correctional 6826 Facility) 6379 Heavy Truck Driver (Correctional Facility) 9307 Hospital Aid, Correctional Facility 7218 Industrial Supervisor, Prison Industries (Bindery) Industrial Supervisor, Prison 0648 Industries (Crop Farm) 0682 Industrial Supervisor, Prison Industries (Dairy) Industrial Supervisor, Prison 7204 Industries (Dental Laboratory) Industrial Supervisor, Prison 7198 Industries (Fabric Products) Industrial Supervisor, Prison 7211 Industries (Knit Goods Finishing) Industrial Supervisor, Prison 7210 Industries (Knitting Mill) 2109 Industrial Supervisor, Prison Industries (Laundry) Industrial Supervisor, Prison 7215 Industries (Maintenance and Repair) Industrial Supervisor, Prison 7197 Industries (Mattress and Bedding) Industrial Supervisor, Prison 7191 Industries (Metal Fabrication) 7216 Industrial Supervisor, Prison Industries (Printing) Industrial Supervisor, Prison 7207 Industries (Shoe Manufacturing) Industrial Supervisor, Prison 7206 Industries (Shoes and Boots, Lasting to Packing) Industrial Supervisor, Prison 7321 Industries (Silkscreen) Industrial Supervisor, Prison 7192 Industries (Tool and Die) Industrial Supervisor, Prison 7179 Industries (Upholstery) Industrial Supervisor, Prison 7178 Industries (Wood Products) 2006 Janitor (Correctional Facility) 2005 Janitor Supervisor I (Correctional Facility) 2004 Janitor Supervisor II (Correctional Facility) 2000 Janitor Supervisor III (Correctional Facility) 9265 Laboratory Assistant, Correctional Facility 2727 Language, Speech and Hearing Specialist 2114 Laundry Supervisor I (Correctional Facility) 2111 Laundry Supervisor II (Correctional Facility) 2117 Laundry Worker (Correctional Facility) 6867 Lead Automobile Mechanic (Correctional Facility) 0720 Lead Groundskeeper (Correctional Facility) 0718 Lead Groundskeeper I (Correctional Facility) 2952 Librarian (Correctional Facility) 6643 Locksmith I (Correctional Facility) 6801 Machinist (Correctional Facility) 6941 Maintenance Mechanic (Correctional Facility) 6617 Mason (Correctional Facility) Materials and Stores Supervisor I 1508 (Correctional Facility) Materials and Stores Supervisor II 1505 (Correctional Facility) Medical Technical Assistant, 8217 Correctional Facility Nurse Anesthetist, 9273 Correctional Facility 9353 Nurse Instructor, Correctional Facility 9278 Nurse Practitioner, Correctional Facility 9280 Occupational Therapist, Correctional Facility 7971 Optometrist, Correctional Facility 6528 Painter I (Correctional Facility) 6524 Painter II (Correctional Facility) 6521 Painter III (Correctional Facility) Pest Control Technician 7199 (Correctional Facility) 9281 Physical Therapist I, Correctional Facility 9342 Physical Therapist II, Correctional Facility 9269 Physician and Surgeon, Correctional Facility 6550 Plumber I (Correctional Facility) 6594 Plumber II (Correctional Facility) 6545 Plumber III (Correctional Facility) 7972 Podiatrist (Correctional Facility) 1575 Prison Canteen Manager I 1576 Prison Canteen Manager II 7158 Prison Industries Administrator 7157 Prison Industries Manager (General) 7164 Prison Industries Manager (Metal Products) 7165 Prison Industries Manager (Textile Products) 7163 Prison Industries Manager (Wood Products) 0679 Prison Industries Superintendent I (Agriculture) 0617 Prison Industries Superintendent II (Agriculture) 7217 Prison Industries Superintendent II (Bindery) Prison Industries Superintendent I 7109 (Coffee Roasting and Grinding) Prison Industries Superintendent I 7203 (Dental Laboratory) Prison Industries Superintendent II 7202 (Dental Laboratory) 7170 Prison Industries Superintendent II (Detergent) Prison Industries Superintendent I 7350 (Egg Production) Prison Industries Superintendent I 7194 (Fabric Products) Prison Industries Superintendent II 7195 (Fabric Products) Prison Industries Superintendent I 7351 (Fiberglass Products) Prison Industries Superintendent I 7352 (Furniture Refurbishing) 7209 Prison Industries Superintendent II (Knitting Mill) 2108 Prison Industries Superintendent II (Laundry) Prison Industries Superintendent II 7154 (Maintenance and Repair) Prison Industries Superintendent II 7196 (Mattress and Bedding) Prison Industries Superintendent I 7189 (Metal Products) Prison Industries Superintendent II 7190 (Metal Products) 7214 Prison Industries Superintendent II (Printing) Prison Industries Superintendent II 7205 (Shoe Manufacturing) 7320 Prison Industries Superintendent I (Silkscreen) 7319 Prison Industries Superintendent II (Silkscreen) Prison Industries Superintendent I 7175 (Wood Products) Prison Industries Superintendent II 7172 (Wood Products) Procurement and Services Officer I 4760 (Correctional Facility) Procurement and Services Officer II 4761 (Correctional Facility) 7162 Product Engineering Technician, Prison Industries 7156 Production Manager I, Prison Industries 1793 Property Controller I (Correctional Facility) 1794 Property Controller II (Correctional Facility) 9282 Psychiatric Social Worker, Correctional Facility Psychologist-Clinical, 9283 Correctional Facility 9284 Psychology Associate, Correctional Facility Psychology Internship Director, 9354 Correctional Facility 9285 Psychometrist, Correctional Facility 9274 Public Health Nurse I, Correctional Facility 9345 Public Health Nurse II, Correctional Facility 7145 Quality Assurance Manager, Prison Industries Quality Control Technician, Prison 3080 Industries (Cleaning Products) 9315 Radiologic Technologist, Correctional Facility 9286 Recreation Therapist, Correctional Facility 6715 Refrigeration Engineer (Correctional Facility) 9275 Registered Nurse, Correctional Facility 2734 Resource Specialist, Special Education Respiratory Care Practitioner, 9316 Correctional Facility 9854 School Psychologist 2077 Seamer (Correctional Facility) Senior Clinical Laboratory 9348 Technologist, Correctional Facility 9266 Senior Laboratory Assistant, Correctional Facility 2945 Senior Librarian (Correctional Facility) 8215 Senior Medical Technical Assistant Senior Occupational Therapist, 9346 Correctional Facility Senior Psychiatrist, Correctional 9270 Facility (Specialist) Senior Psychiatrist, Correctional 9271 Facility (Supervisor) 9289 Senior Psychologist, Correctional Facility Senior Psychologist, Correctional 9287 Facility (Specialist) Senior Psychologist, Correctional 9288 Facility (Supervisor) Senior Radiologic Technologist, 9350 Correctional Facility (Specialist) Senior Radiologic Technologist, 9351 Correctional Facility (Supervisor) 7562 Sheet Metal Worker (Correctional Facility) 6211 Skilled Laborer (Correctional Facility) 9911 Social Worker, Youth Authority 9272 Staff Psychiatrist, Correctional Facility 9290 Staff Psychologist-Clinical, Correctional Facility 6713 Stationary Engineer (Correctional Facility) Stationary Engineer Apprentice (Four- 6718 Year Program) (Correctional Facility) 6557 Steamfitter Supervisor (Correctional Facility) Substitute Academic Teacher 3082 (Correctional Facility) Supervising Clinical Laboratory 9349 Technologist, Correctional Facility 2183 Supervising Cook I (Correctional Facility) 2182 Supervising Cook II (Correctional Facility) Supervising Groundskeeper II 0716 (Correctional Facility) 2044 Supervising Housekeeper I (Correctional Facility) 2940 Supervising Librarian (Correctional Facility) Supervising Psychiatric Nurse, 9276 Correctional Facility Supervising Psychiatric Social Worker 9291 I, Correctional Facility Supervising Psychiatric Social Worker 9292 II, Correctional Facility Supervising Registered Nurse I, 9317 Correctional Facility Supervising Registered Nurse II, 9318 Correctional Facility Supervising Registered Nurse III, 9319 Correctional Facility 9910 Supervising Social Worker I, Youth Authority 9908 Supervising Social Worker II, Youth Authority Supervisor of Academic Instruction 2305 (Correctional Facility) Supervisor of Building Trades 6763 (Correctional Facility) 2384 Supervisor of Commercial Diver Training 2303 Supervisor of Correctional Education Programs 2370 Supervisor of Vocational Instruction 9277 Surgical Nurse I, Correctional Facility 9329 Surgical Nurse II, Correctional Facility Teacher (Adaptive Physical Education) 3073 (Correctional Facility) Teacher (Cerebral Palsied Children) 2286 (Correctional Facility) Teacher (Elementary-Multiple Subjects) 2287 (Correctional Facility) Teacher (Emotionally/Learning 2288 Handicapped) (Correctional Facility) Teacher (English Language Development) 3075 (Correctional Facility) 2297 Teacher (Ethnic Studies) (Correctional Facility) Teacher (Family Life Education) 2289 (Correctional Facility) Teacher (Hearing Impaired) 2373 (Correctional Facility) Teacher (High School-Arts and Crafts) 2284 (Correctional Facility) Teacher (High School-Business 2285 Education) (Correctional Facility) Teacher (High School-English/Language 3074 Arts) (Correctional Facility) Teacher (High School-Foreign Language) 3076 (Correctional Facility) Teacher (High School-General 2290 Education) (Correctional Facility) Teacher (High School-Home Economics) 2291 (Correctional Facility) Teacher (High School-Mathematics) 3077 (Correctional Facility) Teacher (High School-Music) 2294 (Correctional Facility) Teacher (High School-Physical 2295 Education) (Correctional Facility) Teacher (High School-Science) 3078 (Correctional Facility) Teacher (High School-Social Science) 3079 (Correctional Facility) 2298 Teacher (Librarian) (Correctional Facility) Teacher (Mentally Retarded Children) 2292 (Correctional Facility) Teacher (Speech Development and 2371 Correction) (Correctional Facility) 6400 Teaching Assistant (Correctional Facility) 7201 Tobacco Factory Superintendent 7560 Tractor Operator-Laborer (Correctional Facility) 6382 Truck Driver (Correctional Facility) 6772 Utility Shops Supervisor (Correctional Facility) Vocational Instructor (Airframe 2387 Mechanics) (Correctional Facility) Vocational Instructor (Animal 2853 Husbandry) (Correctional Facility) Vocational Instructor (Auto Body and 2396 Fender Repair) (Correctional Facility) Vocational Instructor (Auto Mechanics) 2398 (Correctional Facility) Vocational Instructor (Baking) 2399 (Correctional Facility) Vocational Instructor (Bookbinding) 2400 (Correctional Facility) Vocational Instructor (Building 2854 Maintenance) (Correctional Facility) Vocational Instructor (Carpentry) 2417 (Correctional Facility) Vocational Instructor (Commercial 2419 Diver Training) (Correctional Facility) Vocational Instructor (Computer and 2855 Related Technologies) (Correctional Facility) Vocational Instructor (Cosmetology) 2420 (Correctional Facility) Vocational Instructor (Culinary Arts) 2422 (Correctional Facility) Vocational Instructor (Dental 2869 Technology) (Correctional Facility) Vocational Instructor (Diesel 2856 Mechanics) (Correctional Facility) Vocational Instructor (Dog Grooming 2423 and Handling) (Correctional Facility) Vocational Instructor (Drycleaning 2425 Works) (Correctional Facility) Vocational Instructor (Drywall 2857 Installer/Taper) (Correctional Facility) Vocational Instructor (Electrical 2426 Work) (Correctional Facility) Vocational Instructor (Electronics) 2428 (Correctional Facility) Vocational Instructor (Eyewear 2688 Manufacturing) (Correctional Facility) Vocational Instructor (Fire Science) 2429 (Correctional Facility) Vocational Instructor (Floor Cover 2858 Layer) (Correctional Facility) Vocational Instructor (Furniture 2431 Refinishing and Repair) (Correctional Facility) Vocational Instructor (Garment Making) 2432 (Correctional Facility) Vocational Instructor (Heavy Equipment 2433 Repair) (Correctional Facility) Vocational Instructor (Household 2597 Appliance Repair) (Correctional Facility) Vocational Instructor (Industrial 2598 Arts) (Correctional Facility) Vocational Instructor (Instrument 2599 Repair) (Correctional Facility) Vocational Instructor (Janitorial 2600 Service) (Correctional Facility) Vocational Instructor (Landscape 2601 Gardening) (Correctional Facility) Vocational Instructor (Laundry Work) 2611 (Correctional Facility) Vocational Instructor (Machine Shop 2614 Practice) (Correctional Facility) Vocational Instructor (Masonry) 2615 (Correctional Facility) Vocational Instructor (Meat Cutting) 2619 (Correctional Facility) Vocational Instructor (Mechanical 2627 Drawing) (Correctional Facility) Vocational Instructor (Merchandising) 2628 (Correctional Facility) Vocational Instructor (Mill and 2630 Cabinet Work) (Correctional Facility) Vocational Instructor (Office Machine 2674 Repair) (Correctional Facility) Vocational Instructor (Office Services 2849 and Related Technologies) (Correctional Facility) Vocational Instructor (Offset 2640 Printing) (Correctional Facility) Vocational Instructor (Painting) 2644 (Correctional Facility) Vocational Instructor (Plastering) 2645 (Correctional Facility) Vocational Instructor (Plumbing) 2661 (Correctional Facility) Vocational Instructor (Powerplant 2665 Mechanics) (Correctional Facility) Vocational Instructor (Printing) 2666 (Correctional Facility) Vocational Instructor (Radiologic 2667 Technology) (Correctional Facility) Vocational Instructor (Refrigeration and 2668 Air-conditioning Repair) (Correctional Facility) Vocational Instructor (Roofer) 2850 (Correctional Facility) Vocational Instructor (Sewing Machine 2669 Repair) (Correctional Facility) Vocational Instructor (Sheet Metal 2670 Work) (Correctional Facility) Vocational Instructor (Shoemaking) 2671 (Correctional Facility) Vocational Instructor (Silk Screening 2672 Process) (Correctional Facility) Vocational Instructor (Small Engine 2851 Repair) (Correctional Facility) Vocational Instructor (Storekeeping 2673 and Warehousing) (Correctional Facility) Vocational Instructor 5415 (Telemarketing/Customer Service) (Correctional Facility) Vocational Instructor (Upholstering) 2675 (Correctional Facility) Vocational Instructor (Vocational 2676 Nursing) (Correctional Facility) Vocational Instructor (Welding) 2677 (Correctional Facility) 1504 Warehouse Manager I (Correctional Facility) 1502 Warehouse Manager II (Correctional Facility) 6221 Warehouse Worker (Correctional Facility) Water and Sewage Plant Supervisor 6724 (Correctional Facility) 2311 Youth Authority Teacher (b) In addition, "state safety member" shall also include officers and employees of the Department of Corrections, the Department of the Youth Authority, or the Prison Industry Authority 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 Personnel Administration 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 Personnel Administration 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 his or her previous status as a state industrial member. Upon the filing of the election the member shall cease to be a state safety member, and his or her rights and obligations shall be restored prospectively and retroactively to the operative date of that amendment. 20405.1. 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 Personnel Administration 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 Personnel Administration 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. 20405.2. 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 the Department of Personnel Administration for classifications of state employees that are excluded from the definition of state employee by paragraph (c) of Section 3513 of the Government Code. 20405.3. (a) A member who is an employee of the Department of Corrections, 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 the Department of Personnel Administration, state employees that are excluded from the definition of "state employee" by paragraph (c) of Section 3513. 20406. "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. 20407. "State safety member" also includes officers and employees with the State Department of Mental Health and the Department of Corrections in the following classifications: Classification Code Classification Title 8254 Prelicensed Psychiatric Technician (forensic facility) 8253 Psychiatric Technician (forensic facility) 8252 Senior Psychiatric Technician (forensic facility) 8212 Nurse Practitioner (forensic facility) 8160 Health Services Specialist (forensic facility) 7601 Program Director-Medical (forensic facility) "State safety member" also includes an officer or employee of the State Department of Mental Health at Patton State Hospital or Atascadero State Hospital, the State Department of Mental Health 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 Personnel Administration 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. 20407.5. (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 Mental Health 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. 20408. "State safety member" also includes officers and employees with the Department of Mental Health or the Department of Forestry and Fire Protection in the following classifications: Classification Code Classification Title Audio Visual Assistant 2860 (Correctional Facility) Audio Visual Specialist 2861 (Correctional Facility) 8094 Registered Nurse (Forensic Facility) "State safety member" also includes an officer or employee of the Department of Mental Health 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 Personnel Administration shall determine which classes meet the above conditions and report its findings to this system, whereupon the change in membership categories shall take effect. 20409. (a) "State safety member" shall also include officers and employees of the following departments with the following class titles: Class Code Classification Department Aircraft Pilot, 8330 Department of Justice Justice Arson and Bomb 8997 Fire Marshal Investigator Assistant Chief, 9027 Food Health Services and Drug Section Chief, Bureau of Fraudulent Claims, 8609 Insurance Department of Insurance Chief, Division of Investigations, 8610 Consumer Affairs Department of Consumer Affairs Chief 8988 Firefighter/Security Veterans Affairs Guard Chief, Food and 9030 Drug Health Services Section Chief, Investigation 8613 Health Services Bureau, Department of Health Services Chief Museum Museum of Science and 1986 Industry Security Officer Deputy Division Alcoholic Beverage 8673 Chief, Alcoholic Control Beverage Control District Administrator, 8677 Alcoholic Beverage Alcoholic Beverage Control Control Firefighter/Security 8990 Veterans Affairs Guard Division Chief, 8966 California State Fire Marshal Fire Marshal Fire Service 9090 Training Fire Marshal Specialist III Fire Service 9091 Training Fire Marshal Supervisor Food and Drug 9028 Health Services Program Coordinator Food and Drug 9029 Regional Health Services Administrator Food and Drug 9042 Health Services Specialist II Food and Drug 9039 Health Services Specialist III Food and Drug 9036 Health Services Specialist IV Food and Drug 9043 Health Services Trainee Food Technology 9007 Health Services Specialist Developmental Hospital Peace Services, Mental 1937 Officer I Health, Consumer Affairs Developmental Hospital Peace Services, Mental 1936 Officer II Health, Consumer Affairs Hospital Peace Developmental 1935 Services, Mental Officer III Health Museum Security Museum of Science and 1992 Industry Officer Park Safety and 0891 Enforcement Parks and Recreation Supervisor Park Safety and 0890 Enforcement Parks and Recreation Specialist 8358 State Security General Services Officer Chief Arson 8999 and Fire Marshal Bomb Investigator Supervising 8989 Firefighter/Security Veterans Affairs Guard Supervising Museum Museum of Science and 1988 Industry Security Officer Supervising Special 8678 Investigator, Alcoholic Beverage Al

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