State Codes and Statutes

Statutes > California > Gov > 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	
	
	
	
	

State Codes and Statutes

Statutes > California > Gov > 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	
	











































		
		
	

	
	
	

			

			
		

		

State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 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