2703 - Peace Officer/Firefighter Retirement (POFF) (Historical View)

** Effective: 1/10/2018 11:16:59 AM - 1/10/2018 11:18:41 AM **

Status: Active

Change Notes

Resource updated: updated link

Category

Retirement

Audience List

Synopsis

This policy:

Introduction

The Peace Officer/Firefighter (PO/FF) retirement membership was designed for state employees who are employed in law enforcement classes and firefighters whose principal duties consist of active firefighting/fire suppression.

The purpose of this policy is to outline the retirement benefits and criteria used by CalHR to determine which classes or positions are eligible for PO/FF retirement benefits.

Statement

PO/FF Retirement Benefits

The major benefits of the PO/FF retirement plan include:

  1. Higher benefit formula (3 percent at age 50, 3 percent at age 55, 2.5 percent at age 55, 2.7 percent at age 57 or 2.5 percent at age 57).

  2. Earlier retirement age compared to state employees subject to the miscellaneous and industrial membership.

  3. Enhanced death and disability benefits.

  4. Employees and employers are exempt from paying Social Security tax.

Criteria for Determining Eligibility for PO/FF Retirement Benefits

CalPERS laws, Government Code sections 20391, 20392, 20393, and 20395, provides PO/FF eligibility and criteria as follows:

Rank and File Employees

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).

Excluded, CEA, and Exempt Employees

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) designated 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 must consist of one of the following:
    • Responsibility for direct supervision of state PO/FF personnel as specified in CalPERS law, Government Code section 20391, 20392, 20393, and 20395.
    • Conducting investigations or audit of investigatory practices and other audit of, or in, the Department of Corrections and Rehabilitation.
    • 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.

Definitions: The following definitions apply to the above criteria:

Exclusions: Employees in classes or positions shall not be granted PO/FF benefits if the ongoing responsibilities include the following:

Requesting a PO/FF Class or Position Designation

Departments and labor organizations 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 PO/FF requirements.
  2. Complete the “Retirement Designation Request” form and attach the supporting documents as one package if the class or position meets PO/FF criteria.
  3. Submit the retirement designation request under the following options:
    • a. Scan and email package to: RetirementRequests@calhr.ca.gov
    • b. Mail/interagency/deliver to:
      CalHR, Personnel Management Division
      1515 S Street, North Building, Suite 500
      Sacramento, CA 95811
  4. Approval of PO/FF Designation
    • 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 approving PO/FF designation.
    • CalPERS then designates the class and moves the employees into the PO/FF retirement category.
    • SCO will establish the class as PO/FF retirement in the transaction audit tables and sends a confirmation to the department’s personnel office and CalHR.
    • Department will key in the class transactions without generating errors from SCO and CalPERS databases.
    • All future employees hired into the PO/FF class will then be automatically placed in PO/FF retirement
  5. Denial
    • If the class or position does not meet PO/FF criteria, CalHR will send a written denial notice to the department or requesting organization.

Note: Departments are not authorized to provide PO/FF designation for a class or position without CalHR approval.

Effective Date for PO/FF Retirement Benefits

CalHR has no authority to approve requests on a retroactive basis. The Public Employee’s Pension Reform Act of 2013 prohibits all public employers from providing retroactive enhancements to a public employee’s retirement formula or benefits adopted on or after January 1, 2013, and cannot apply to any service performed prior to the effective date.  Please refer to Government Code section 7522.44.

Ongoing Reporting Responsibilities

CalHR and departmental staff must ensure the following ongoing reporting is conducted to ensure state employee retirement benefits are accurately reported to CalPERS.

Contacts

Application

Departments should notify employees of changes to the PO/FF retirement eligibility or benefits upon receiving notice from CalHR.

Authorities

Resources

Forms

PML

Related Policies

Web Pages

Authorized By

Desi Rodrigues
Program Manager, Benefits Division

Contact Person

Desi Rodrigues
Program Manager, , Retirement Policy
Phone: 916-324-9400
Fax: 916-322-3769
Email: desi.rodrigues@calhr.ca.gov

Superseded Policies

Not Applicable.