Peace Officer and Firefighter Retirement - CalHR

Peace Officer and Firefighter Retirement

Content

 

Agency responsibilities

California Department of Human Resources (CalHR)

  • Determines eligibility for POFF retirement benefits.
  • Provides employees' agencies, SCO, and CalPERS with approved POFF positions.
  • Reports eligible POFF positions to the Legislature on July 1 of each year.
  • Conducts periodic audits of POFF positions to ensure the State complies with the law.
 

Employee's Agency

  • Provides SCO with the accurate retirement category for employees.
  • Asks CalHR to review positions for eligibility for POFF retirement.
  • Helps determine the correct retirement category.
  • Ensures employees receive retirement information.
 

State Controller's Office

  • Processes retirement deductions by both employees and the employer.
  • Provides CalPERS with a report listing the monthly retirement deduction and retirement category for all State employees.
  • Notifies CalHR when departments ask to include CEA and Exempt positions in POFF retirement without CalHR's approval.
 

California Public Employees' Retirement System

  • Calculates benefits for the Peace Officer and Firefighter (POFF) retirement categories.
  • Asks the Federal Social Security Administration to remove affected employees from the Social Security program.
 

Authority

The government code sections listed below contain and describe the authority for POFF retirement.
CalHR determines which CEA and exempt positions may be eligible for POFF retirement benefits.
The contracts for Bargaining Units 6, 7, and 8 also have POFF retirement information.
 

Government Code Sections

 
 

Requesting a new class with enhanced benefits

POST study

When you request a new peace officer class or change to the penal code, the Commission on Peace Officer Standards and Training (POST) conducts a feasibility study.
 

POST studies

  • proposed changes in the duties and responsibilities of people in the affected class,
  • their field law enforcement duties and responsibilities,
  • supervisory and management structure,
  • training methods,
  • funding, and
  • the extent to which the job requires more peace officer powers and authority.
 
POST may charge you for the cost of the study.
POST will recommend to the legislature whether to add a new class.
 

CalHR's role in establishing the new class

Rank and File Positions
Submit a copy of the POST study to CalHR. (If you don't need a POST study to add or change a class, skip this step.)
 
CalHR's Peace Officer and Firefighter Retirement Coordinator determines if the new or changed class is eligible for enhanced benefits. CalHR's Retirement Coordinator can meet with representative of your department to discuss it.
 
If the new or changed class is eligible, CalHR's Retirement Coordinator documents the action taken. For example, the new class title, the bargaining unit, and the effective date. CalHR's Retirement Coordinator then notifies your agency, CalPERS, and SCO of the action.
 
Finally, affected incumbents are eligible for benefits, and their pay warrants will reflect correct deductions.
 
 
CEA and Exempt Positions
Submit a letter to CalHR with a duty statement and organization chart.
 
CalHR's Peace Officer and Firefighter Retirement Coordinator determines if the position is eligible for enhanced benefits.
 

Government Code Sections

 
 

2008 Audit

In 2008, CalHR (then known as the Department of Personnel Administration) conducted an audit regarding the status of the State's Peace Officer/Firefighter (POFF) Retirement Plan in order to:
  
  1. Determine the number of Career Executive Assignment (CEA) and Exempt positions or individuals incorrectly placed in the POFF retirement plan.
  2. Determine the number of new POFF positions that may have been created due to the passage of Senate Bill 1496 that clarifies POFF retirement effective January 1, 2009.
  3. Develop a database that identifies accurate retirement categories for State CEA and Exempt positions that can be regularly updated and audited to ensure the state remains in compliance with the laws.
 
The following audit findings and recommendations are beneficial when making determinations. Although this audit report focuses on CEA and Exempt positions, it includes POFF retirement enrollment information for Excluded, Management and Supervisory positions.
 

Summary of Findings

This audit provides the most current POFF retirement issues, enrollments, and findings. Over the past several years, a number of issues have been identified and are outlined in the introduction section of this audit report. This audit includes retirement reports for each agency. These reports will be provided to the individual agencies, State Controller's Office, and the California Public Employees' Retirement System. Sharing this audit report will ensure all POFF retirement enrollments are in agreement.
 
The results of this audit indicate the State's POFF retirement plan is in good standing. A total of 1035 CEA and Exempt positions were audited. There are currently 176 CEA and Exempt employees (83 positions) enrolled in POFF retirement. Out of 176 POFF enrollments, 10 employees (9 positions) are incorrectly placed in POFF retirement. These individuals will remain under POFF retirement until they separate from their positions, at which time the positions will revert to the miscellaneous retirement category. There will be 2 new employees (2 positions) eligible for POFF retirement effective January 1, 2009.
 
Please note that these findings reflect the new provisions under Senate Bill 1496, signed by the Governor on September 27, 2008, which will be effective January 1, 2009. The number of employees incorrectly placed in POFF retirement is minimal. Also, the number of new positions created due to the passage of SB 1496 is minimal.
 
 

Future Audits

Now that we have identified the status of the State's POFF retirement enrollments, our department will be working closely with SCO and CalPERS staff to ensure our POFF retirement records continue to remain in good standing. Audits will be conducted on a regular basis and documented.
 
 

Reports to the Legislature

As required by law, we will continue to provide the Legislature with an annual report of newly approved POFF positions. The report must be provided by July 1 of each year.
 
 

Summary of Audit Findings by Agency/Departments that employ POFF Members - November 2008

 
Alcohol Beverage Control
CEA & Exempt Employees: 7
CEA & Exempts Employees in POFF retirement: 4
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Consumer Affairs
CEA & Exempt Employees: 57
CEA & Exempts Employees in POFF retirement: 2
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Corrections*
CEA & Exempt Employees: 245
CEA & Exempts Employees in POFF retirement: 127 employees (40 positions)
Employees to be Grandfathered: 6 employees (6 positions)
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Developmental Services
CEA & Exempt Employees: 48
CEA & Exempts Employees in POFF retirement: 1
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Employment Development Department**
CEA & Exempt Employees: 54
CEA & Exempts Employees in POFF retirement: 0
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 1
 
Exposition
CEA & Exempt Employees: 4
CEA & Exempts Employees in POFF retirement: 0
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Fish and Game
CEA & Exempt Employees: 35
CEA & Exempts Employees in POFF retirement: 1
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Forestry & Fire Protection
CEA & Exempt Employees: 28
CEA & Exempts Employees in POFF retirement: 15
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Franchise Tax Board
CEA & Exempt Employees: 43
CEA & Exempts Employees in POFF retirement: 1
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Health Services
CEA & Exempt Employees: 32
CEA & Exempts Employees in POFF retirement: 0
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Horse Racing
CEA & Exempt Employees: 2
CEA & Exempts Employees in POFF retirement: 0
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Justice
CEA & Exempt Employees: 59
CEA & Exempts Employees in POFF retirement: 9 employees (8 positions)
Employees to be Grandfathered: 4 employees (3 positions)
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Lottery
CEA & Exempt Employees: 20
CEA & Exempts Employees in POFF retirement: 1
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Mental Health
CEA & Exempt Employees: 51
CEA & Exempts Employees in POFF retirement: 0
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Military Department
CEA & Exempt Employees: 6
CEA & Exempts Employees in POFF retirement: 0
Employees to be Grandfathered: -
New Employees to be added w/new statute eff. 1/1/2009: -
 
Motor Vehicles
CEA & Exempt Employees: 46
CEA & Exempts Employees in POFF retirement: 1
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Museum of Science
CEA & Exempt Employees: 6
CEA & Exempts Employees in POFF retirement: 0
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Office of Emergency
CEA & Exempt Employees: 16
CEA & Exempts Employees in POFF retirement: 0
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Office of the Inspector General***
CEA & Exempt Employees: 12
CEA & Exempts Employees in POFF retirement: 8 employees (3 positions)
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 1
 
Parks
CEA & Exempt Employees: 31
CEA & Exempts Employees in POFF retirement: 5
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Public Employees' Retirement
CEA & Exempt Employees: 37
CEA & Exempts Employees in POFF retirement: 0
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Public Health
CEA & Exempt Employees: 39
CEA & Exempts Employees in POFF retirement: 0
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Secretary of State
CEA & Exempt Employees: 20
CEA & Exempts Employees in POFF retirement: 0
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Social Services
CEA & Exempt Employees: 42
CEA & Exempts Employees in POFF retirement: 0
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
State Controllers Office
CEA & Exempt Employees: 22
CEA & Exempts Employees in POFF retirement: 0
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Toxic Substance
CEA & Exempt Employees: 18
CEA & Exempts Employees in POFF retirement: 0
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
Veterans Affairs
CEA & Exempt Employees: 23
CEA & Exempts Employees in POFF retirement: 0
Employees to be Grandfathered: 0
New Employees to be added w/new statute eff. 1/1/2009: 0
 
 
* CDCR's POFF enrollment will not change due to new legislation. New legislation will give CalHR authority to allow eligible positions to remain in POFF and grandfather out positions erroneously placed in POFF retirement.
 
** EDD recently hired their Chief, Investigations Division who will be eligible for POFF retirement effective 1/1/2009
 
*** OIG will have 1 new position of Chief Assistant Inspector General over audits & investigations over CDCR that will be eligible for POFF retirement effective 1/1/2009
 

Final Results

  • Total Number of CEA & Exempt Employees: 1035
  • CEA & Exempt Employees in POFF retirement: 176 employees (83 positions)
  • Number of Employees to be Grandfathered: 10 employees (9 positions)
  • Number of New Employees to be added w/new statue eff. 1/1/2009: 2 employees (2 positions)
 

Contact

Desi Rodrigues, desi.rodrigues@calhr.ca.gov, 916-324-9400

Updated 5/24/2012