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) "State peace officer/firefighter member" shall include
individuals hired prior to April 1, 2011, or the first day of the
first pay period following the enactment of the act that added this
subdivision if that act is enacted after April 1, 2011, who do not
meet the criteria in subdivision (a) if those individuals have been
continuously employed in positions in the Office of the Inspector
General that were deemed to come within the "state peace
officer/firefighter member" classification pursuant to this section
prior to April 1, 2011, or prior to the first day of the first pay
period following the enactment of the act that added this subdivision
if that act is enacted after April 1, 2011.
(e) The Department of Human Resources 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 Human Resources.
(f) 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.