2703 - Peace Officer/Firefighter Retirement (PO/FF) (Historical View)

Status: Active

Change Notes

Add resources

Category

Retirement

Audience List

• Employee Relations Officers
• Personnel Officers
• Personnel Transactions Staff
• Personnel Transactions Supervisors
• Agency Secretaries
• Chief Deputy Directors
• Chiefs of Administration
• Department Deputy Directors
• Department Directors

Synopsis

This policy:

• Outlines the PO/FF retirement benefits
• Defines the criteria used by the California Department of Human Resources (CalHR) to determine eligibility for PO/FF retirement benefits
• Describes the process for requesting PO/FF retirement designation for a classification or position
• Provides the effective date for PO/FF retirement benefits
• Outlines the reporting requirements

Introduction

The Peace Officer/Firefighter (PO/FF) retirement membership was designed for state employees who are employed in law enforcement classifications or positions 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 classifications 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), as specified in the Memoranda of Understandings (MOU) and California Public Employees’ Retirement System (CalPERS) laws.
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

It is the policy of CalHR to apply the criteria specified in CalPERS laws, Government Code sections 20391, 20392, 20393, 20395, and 20398 to ensure PO/FF retirement designation is only approved for employees in classifications or positions that meet PO/FF criteria.

Criteria:

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).

• Peace officers must be employed in classifications 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. 
• Firefighters who have principal duties that consist of active firefighting/fire suppression.

Traditionally, any changes to retirement designations for rank and file classifications must be conducted by CalHR through the bargaining and State Personnel Board processes.

Excluded, CEA, and Exempt Employees

Government Code section 20398 outlines the criteria required for PO/FF membership for excluded, CEA, and Exempt employees.

• 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 and Firefighters who have principal duties that consist of active firefighting/fire suppression. In addition, the majority (51 percent) of their 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. These criteria would generally apply to supervisors and managers who have direct supervision of rank-and-file PO/FF members.
  • Conducting investigations or audit of investigatory practices and other audit of, or in, the Department of Corrections and Rehabilitation. These criteria would generally apply to special agents and affiliated supervisors and managers.
  • Administration of programs of an agency, department, or other organizational unit that is primarily responsible for active law enforcement or active fire suppression. These criteria would generally apply to employees in CEA and Exempt positions.

Definitions: The following definitions apply to the above criteria:

• "Classification" means a group of civil service positions with the same body of work, same work location, collective bargaining unit identifier, or other work-related grouping (e.g., correctional officers, sergeants, etc.).
• “Position” refers to a singular role occupied by only one employee who is not in a group or classification of employment. This would include an employee in a CEA or Exempt appointment.

  • PO/FF retirement designations are approved at the position or classification level and may not follow the employee when transferring to new positions or classifications that are not designated PO/FF retirement. Departments must ensure the position is designated as PO/FF for the incumbent to maintain a PO/FF retirement designation.

• “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 (at least 51 percent) of employees are state PO/FF members.
• “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.
• “Primary Responsibility” means the employee spends more than 50 percent of their time performing the activity.

Exclusions: Employees in a classification or position shall not be granted PO/FF retirement benefits if the primary responsibilities include the following:

• Personnel Administration
• Budgeting
• Public Affairs
• Data Processing or Information Technology
• Governmental Relations
• Legal support
• Administrative oversight of the above responsibilities

Requesting a PO/FF Designation for Classifications or Positions

Departments and labor organizations must submit a PO/FF retirement designation request to CalHR, Benefits Division, as follows:

1.  The department must review the PO/FF retirement designation criteria to determine if the classification or position may meet PO/FF requirements.

   • Departments are not authorized to provide PO/FF retirement designation for a classification or position without CalHR approval.

   • For a new CEA concept, departments must obtain approval from CalHR, Personnel Management Division, prior to requesting a PO/FF retirement designation.

     • Existing CEA positions with previous PO/FF approval must be approved in advance by CalHR, Benefits Division, when there is a new appointment, changes to the duties of the position, organizational structure, and position title.

   • Exempt positions with previous PO/FF approval must be approved in advance by CalHR, Benefits Division when there is a new appointment, changes to the duties of the position, organizational structure, and position title.

2. Submit a complete retirement designation request package, which includes:

   • A justification memo,

   • PO/FF Questionnaire, (CalHR Form 170)  

   • Duty statement (current and proposed)

   • Organizational chart (current and proposed)

3. Combine all signed documents into one PDF and submit the package to CalHR, Benefits Division, via the Request Tracking System (RTS).

The RTS will:

• Allow users to submit Retirement Designation requests through a user-friendly interface via a web portal.

• Provide real-time updates on the status of requests, allowing users to track progress from submission to resolution.

• Offer a reporting tool to analyze patterns, response times and other metrics to improve our service delivery.

A complete and thorough retirement designation request package may take up to 30-45 days for review.

Approval of PO/FF Retirement Designation

1. Once CalHR determines the classification or position meets PO/FF criteria, CalHR will send a written notice to the department, the State Controller’s Office (SCO), and CalPERS approving PO/FF retirement designation.
2. SCO will update the classification or position as PO/FF retirement in their system.
3. CalPERS will update the retirement account for the classification or position and send the department, SCO, and CalHR the PO/FF confirmation.
4. Department must provide notice to the appropriate exclusive representative or excluded organization on the change in the retirement designation prior to implementation.
5. Once the retirement designation is updated in the SCO and CalPERS systems, departments will key in the appointment transaction(s) without generating errors from the SCO and CalPERS databases.

Denial of PO/FF Retirement Designation

If the classification or position does not meet PO/FF retirement criteria, CalHR,  will send a written close out notice to the department or requesting organization.

PO/FF Designation Audits

Departments should ensure the classification or position has been approved for PO/FF retirement prior to keying in the PO/FF designation. Both CalHR and CalPERS conduct periodic audits to identify any PO/FF errors. As part of these audits, departments may be asked to supply any information deemed necessary to determine compliance (Government Code 22797(a)). If it is determined an employee is misallocated to the PO/FF retirement designation, a correction must be made retroactively to the date the error was made to comply with CalPERS laws Government Code sections 20160-20164.

When departments receive notification from CalHR of errors, they are expected to acknowledge receipt within 5 days and to notify CalHR that the error has been corrected within 30 days. Departments are accountable for assigning the appropriate retirement designations and for establishing an internal audit process to ensure the accuracy of these designations.  It is important to prioritize these corrections as employees misallocated to the PO/FF retirement designation may be financially impacted due to overpayment or underpayment of retirement and social security contributions.

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.  The PO/FF enrollment effective date must be the beginning of the monthly pay period in which CalHR issues the approval.

Ongoing Reporting Responsibilities

To comply with retirement laws, CalHR and departments have ongoing reporting responsibilities for the following

• CalHR must submit the annual report to the Legislature containing all classifications and positions approved by CalHR for PO/FF membership.
• CalHR must maintain a report of all PO/FF retirement requests, approvals, denials, and other historical documents.
• CalHR must conduct periodic review of the PO/FF plan to identify any enrollment issues and trends.
• CalHR must identify retirement legislation that impacts retirement eligibility and benefits.
• Departments must notify CalHR of any changes made to classifications or positions to ensure the PO/FF retirement designation maintains compliance with specified laws. This includes changes to the CEA and Exempt incumbent, CEA concept, duties of the position, organizational structure, and position title.

Contacts

SCO Personnel/Payroll:

• Phone: (916) 445-5361
• Fax: (916) 322-6493

CalPERS Customer Service:

• 888 CalPERS (or 888-225-7377)
• TTY: (877) 249-7442
• Fax: (800) 959-654

Application

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

Departments will key in the appointment transaction(s) in the SCO system.

Authorities

• Bargaining Contracts - MOUs
• Government Code sections 20391,20392, 20393, 20395, and 20398
• Government Code sections 7522 to 7522.74
• Penal Code sections 830.1, 830.2, 830.3, 830.38, 830.4, and 830.5
• CalPERS Laws: Government Code sections 20160-20164

Resources

FAQs

• PO/FF Members: Frequently Asked Questions
• Retirement Designation: Frequently Asked Questions for Employees

Forms

• CalHR Form 170: : Peace Officer/Firefighter Determination Questionnaire

Related Policies

• 2701: CalPERS Contribution Rates and Benefit Formulas
• 2702: State Safety Retirement
• 2704: CalPERS 1959 Survivor Benefit Program

Web Pages

• CalHR Benefits Division: State Employee
• CalPERS: A Benefits Guide for State Members
• CalPERS Publications: Forms and Publications

Authorized By

Benefits Division
Benefits Division Inquiries, Benefits Division

Contact Person

Retirement Policy Benefits Division
CalHR, , Retirement Policy
Phone: 916-909-2863
Email: Retirementrequests@calhr.ca.gov

Superseded Policies