20420-20445

GOVERNMENT CODE
SECTION 20420-20445




20420.  "Local safety member" includes all local police officers,
local sheriffs, firefighters, safety officers, county peace officers,
and school safety members, employed by a contracting agency who have
by contract been included within this system.



20421.  "Local safety member" also includes all employees of a city
who have by contract been included within this system, and whose
principal duties consist of active protection, rescue, and rendition
of aid or assistance to persons injured or imperiled in water areas
at ocean beaches and the recovery from those water areas of submerged
objects and bodies of persons drowned or believed to have drowned in
those areas, or the immediate supervision thereof, including persons
employed to perform the duties now performed under the titles of
aquatics director, chief lifeguard, captain lifeguards, lieutenant
lifeguards, beach lifeguard, but who performs additional duties, 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 firefighters, 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, excluding 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 lifeguarding or lifesaving service, even
though the person is subject to occasional call, or is occasionally
called upon, to perform duties within the scope of active
lifeguarding or lifesaving service.
   This section does not apply to the employees of any contracting
agency having a contract with the board made prior to September 18,
1959, until the agency elects to subject itself and its employees to
the provisions of this section by amendment to its contract with the
board pursuant to Section 20474; except that an election is required
only among the employees to whom the provisions of this section
apply.
   The amendments of this section, made by Chapter 130 of the
Statutes of 1982 do not constitute a substantive change in the law
and shall not be construed to entitle any person to any right or
benefit that he or she was not already entitled to prior to December
31, 1982.



20422.  "Local safety member" also includes all employees of a
public agency whose principal duties consist of rendering prehospital
emergency medical care to ill or injured persons and who are
employees designated as Emergency Medical Technician-I, Emergency
Medical Technician-II, or Emergency Medical Technician-Paramedic, as
defined by, respectively, Sections 1797.80, 1797.82, and 1797.84 of
the Health and Safety Code.
   This section shall not apply to any contracting agency nor to the
employees of a contracting agency until the agency elects to be
subject to this section by amendment to its contract with the board
made pursuant to Section 20474 or by express provision in its
contract with the board.


20423.  "Local safety member" also includes any harbor or port
police officer, employed by a contracting agency, who is a peace
officer as defined in subdivision (b) of Section, 830.33 of the Penal
Code and whose principal duties consist of active law enforcement of
the laws contained in Chapter 5 (commencing with Section 650) of
Division 3 of the Harbors and Navigation Code, the rules and
regulations of the California Department of Boating and Waterways,
and Chapter 2 (commencing with Section 9850) of Division 3.5 of the
Vehicle Code.
   This section shall not apply to any contracting agency nor to the
employees of a contracting agency until the agency elects to be
subject to this section by amendment to its contract with the board,
pursuant to Section 20474, or by express provision within its
contract with the board.



20423.3.  (a) "Local safety member" also includes any airport patrol
officer, airport law enforcement officer, or airport police officer
employed by a contracting agency who is a peace officer, as defined
in subdivision (d) of Section 830.33 of the Penal Code, employed by a
city, county, or district operating the airport or by a joint powers
agency, created pursuant to Article 1 (commencing with Section 6500)
of Chapter 5 of Division 7 of Title 1 of the Government Code,
operating the airport, if the primary duty of the peace officer is
the enforcement of the law in or about properties owned, operated, or
administered by the employing agency or when performing necessary
duties with respect to patrons, employees, or properties of the
employing agency.
   (b) This section shall not apply to any contracting agency or to
the employees of a contracting agency until the agency elects to be
subject to this section by amendment to its contract with the board,
pursuant to Section 20474, or by express provision within its
contract with the board.



20423.5.  "Local safety member" also includes any park ranger
employed by a contracting agency who is a peace officer as defined in
subdivision (b) of Section 830.31 of the Penal Code and whose
primary responsibility is maintaining the peace and whose duties
include law enforcement, emergency medical care first response, or
fire suppression and prevention.
   This section shall not apply to any contracting agency nor to the
employees of a contracting agency until the agency elects to be
subject to this section by amendment to its contract with the board
pursuant to Section 20474, or by express provision within its
contract with the board.



20423.6.  (a) "Local safety member" also includes local prosecutors,
local public defenders, and local public defender investigators.
   (b) For purposes of this part, "local prosecutor" means any one of
the following:
   (1) A county officer or employee who meets all of the following
criteria:
   (A) He or she is or, on or after January 1, 2002, was employed in
the office of the district attorney.
   (B) His or her job classification is or, on or after January 1,
2002, was district attorney, deputy district attorney, chief deputy
district attorney, senior deputy district attorney, assistant
district attorney, chief assistant district attorney, senior
assistant district attorney, or any other similar classification or
title.
   (C) His or her effective date of retirement is on or after the
date this section becomes applicable to the member's contracting
agency as provided in subdivision (g).
   (2) A county officer or employee who meets all of the following
criteria:
   (A) He or she was employed in the office of a district attorney
prior to the date the local child support agency transitioned from
the district attorney to a new county department, as specified in
Section 17304 of the Family Code.
   (B) His or her job classification was district attorney, deputy
district attorney, chief deputy district attorney, senior deputy
district attorney, assistant district attorney, chief assistant
district attorney, senior assistant district attorney, or any other
similar classification or title.
   (C) He or she is or, on or after January 1, 2002, was an attorney
in a local child support agency, as defined in subdivision (h) of
Section 17000 of the Family Code, with no break in service between
employment by a district attorney and the local child support agency.
   (D) His or her effective date of retirement is on or after the
date this section becomes applicable to the member's contracting
agency as provided in subdivision (g).
   (3) A city officer or employee who meets all of the following
criteria:
   (A) He or she is or, on or after January 1, 2002, was employed in
the office of the city attorney.
   (B) He or she is or, on or after January 1, 2002, was primarily
engaged in the active enforcement of criminal laws within any court
operating in a county.
   (C) His or her job classification is or, on or after January 1,
2002, was city attorney, deputy city attorney, chief deputy city
attorney, assistant city attorney, chief assistant city attorney, or
any other similar classification or title.
   (D) His or her effective date of retirement is on or after the
date this section becomes applicable to the member's contracting
agency as provided in subdivision (g).
   (c) For purposes of this part, "local public defender" means a
city or county officer or employee who meets all of the following
criteria:
   (1) He or she is or, on or after January 1, 2002, was employed in
the office of the public defender, the alternate public defender, or
any similar office title.
   (2) His or her job classification is or, on or after January 1,
2002, was public defender, deputy public defender, chief deputy
public defender, senior deputy public defender, assistant public
defender, chief assistant public defender, senior assistant public
defender, or any other similar classification or title.
   (3) His or her effective date of retirement is on or after the
date this section becomes applicable to the member's contracting
agency as provided in subdivision (g).
   (d) For purposes of this part, "local public defender investigator"
means a city or county officer or employee who meets all of the
following criteria:
   (1) He or she is or, on or after January 1, 2002, was employed in
the office of the public defender, the alternate public defender, or
any other similar office title.
   (2) His or her job classification is or, on or after January 1,
2002, was inspector, investigator, detective, or any other similar
classification or title.
   (3) His or her principal duties are or, on or after January 1,
2002, were to investigate crime and criminal cases.
   (4) His or her effective date of retirement is on or after the
date this section becomes applicable to the member's contracting
agency as provided in subdivision (g).
   (e) Notwithstanding Section 20890, past local miscellaneous
service performed by a local prosecutor, local public defender, or
local public defender investigator who becomes a local safety member
pursuant to this section shall be converted to local safety service
if the past service was rendered in a position that has subsequently
been reclassified as a safety position pursuant to this section. For
local prosecutors described in paragraph (2) of subdivision (b),
service in the office of a district attorney and a local child
support agency shall be considered service for the district attorney
for the purposes of this section. Any unfunded liability resulting
from this section shall be paid by the employer.
   (f) Notwithstanding any other provision of this part or any
provision of the contracting agency's contract with the board, local
prosecutors, local public defenders, and local public defender
investigators shall be subject to the benefit formula contained in
Section 21362, 21363, or 21363.1, or any other benefit formula
applicable to local safety members that does not provide benefits
greater than those benefits provided under Section 21363.1, as
designated in the contract amendment or express contract provision
described in subdivision (g).
   (g) This section shall not apply to any officers and employees of
a contracting agency or to the agency unless and until the
contracting agency elects to be subject to this section by amendment
to its contract with the board, made as provided in Section 20474, or
by express provision in its contract with the board. If a
contracting agency elects to be subject to this section, the
contracting agency shall include all local prosecutors, local public
defenders, and local public defender investigators described in this
section.
   (h) This section does not apply to any officer or employee of a
contracting agency who dies prior to the date the contracting agency
elects to be subject to this section.



20424.  "Local safety officer" means any officer or employee of a
public safety department of a contracting agency, except one whose
principal duties are those of a telephone operator, clerk,
stenographer, machinist, mechanic, or otherwise and whose functions
do not clearly fall within the scope of active law enforcement or
firefighting and prevention service even though the employee is
subject to occasional call, or is occasionally called upon, to
perform duties within the scope of active law enforcement or
firefighting and prevention service, but not excepting persons
employed and qualifying as patrol officers or equal or higher rank,
or as firefighters, hose officers, or equal or higher rank,
irrespective of the duties to which they are assigned.
   "Local safety officer" does not include persons employed to
perform identification or communication duties. This paragraph shall
not apply to persons employed and qualified as patrol officers or
equal or higher rank, or as firefighters, hose officers, or equal or
higher rank.



20425.  "Local police officer" means any officer or employee of a
police department of a contracting agency which is a city, except one
whose principal duties are those of a telephone operator, clerk,
stenographer, machinist, mechanic, or otherwise and whose functions
do not clearly fall within the scope of active law enforcement
service even though the employee is subject to occasional call, or is
occasionally called upon, to perform duties within the scope of
active law enforcement service, but not excepting persons employed
and qualifying as patrolmen or equal or higher rank irrespective of
the duties to which they are assigned.
   "Local police officer" does not include persons employed to
perform identification or communication duties, other than persons in
that employment on August 4, 1972, who elected within 90 days
thereafter to be local safety members. A contracting agency may elect
by amendment to its contract to include as "local police officer"
all persons who were employed to perform identification or
communication duties on August 4, 1972, and who elect within 60 days
of the effective date of the contract amendment to be local safety
members. The election shall apply to the person's past as well as
future service in the employment held on the effective date but shall
not apply to service following any subsequent acceptance of
appointment to a position other than that held on the effective date.
This paragraph shall not apply to persons employed and qualified as
patrol officers or equal or higher rank.



20426.  "Local police officer" also includes any officer or employee
of a police department of a contracting agency that is a city,
employed to perform communication duties for an employer that
contracted with this system for coverage for its local police
officers on October 1, 1948, and who elected to become a local safety
member on August 25, 1973, pursuant to Chapter 91 of the Statutes of
1973.
   This section shall not apply to any contracting agency nor to the
employees of a contracting agency until the agency elects to be
subject to this section by amendment to its contract made in the
manner prescribed for the approval of contracts or, in the case of
contracts made after January 1, 1989, by express provision in the
contract making the contracting agency subject to this section.



20427.  "Local police officer" also includes any officer or employee
of a juvenile bureau of a contracting agency whose principal duties
consist of active law enforcement service, except persons whose
principal duties are clerical or otherwise clearly do not fall 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.
   The provisions of this section do not apply to the employees of
any contracting agency having a contract with the board made prior to
September 22, 1951, until the agency elects to subject itself and
its employees to the provisions of this section by amendment to its
contract with the board pursuant to Section 20474; except that an
election is required only among the employees to whom Section 20427
applies.


20428.  "Local police officer" shall also include any officer or
employee of a contracting agency that is a city and county, in any
employment in which he or she was a law enforcement member as defined
by Section 20402 at the time of the assumption by the city and
county of the function in which he or she was employed.




20429.  "Local police officer" also includes any officer or employee
of a contracting agency other than a city or a county who is a peace
officer as defined in the Penal Code and whose principal duties
consist of active law enforcement but excluding clerical personnel or
those whose principal duties are that of communication officer,
identification officer, machinist, mechanic, security officer or are
otherwise not clearly 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.
   The provisions of this section shall apply to any contracting
agency that is not a city or county with respect to any of its
employees who were local police officers within the meaning of
Section 20425 prior to its amendment by Chapter 625 of the Statutes
of 1975 and in employment on January 1, 1976.
   The provisions of this section shall not otherwise apply to the
employees of any contracting agency nor to any contracting agency
until the contracting agency elects to be subject to the provisions
of this section by amendment to its contract with the board made as
provided in Section 20474 or by express provision in its contract
with the board.


20430.  "Local police officer" also includes any officer or employee
of a school district or a community college district that has
established a police department pursuant to Section 39670 or 72330 of
the Education Code, whose principal duties consist of active law
enforcement service, except persons whose principal duties are
clerical or otherwise clearly do not fall 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. This section shall only apply to any
school district or community college district that prior to June 30,
1982, had amended its contract to provide membership for local
police officers.



20431.  "Local police officer" also includes any employee of a
contracting agency that is a city, who is employed in a jail or a
detention or correctional facility and having as his or her primary
duty and responsibility the supervision and custody of persons
committed to the jail or facility. It shall not include persons
employed as clerks, typists, teachers, instructors, or psychologists
or to provide food, maintenance, health, or supporting services, even
though responsibility for custody and control of persons so
committed may be incident to, or imposed in connection with, that
service.
   This section shall not apply to any contracting agency nor to the
employees of a contracting agency until the agency elects to be
subject to this section by contract or by amendment to its contract
with the board, made pursuant to Section 20474 or by express
provision in its contract with the board.



20432.  (a) "Local sheriff" means any officer or employee of a
sheriff's office of a contracting agency, except one whose principal
duties are those of a telephone operator, clerk, stenographer,
machinist, mechanic, or otherwise, and whose functions do not clearly
come within the scope of active law enforcement service even though
the employee is subject to occasional call, or is occasionally called
upon, to perform duties within the scope of active law enforcement
service, but not excepting persons employed and qualifying as deputy
sheriffs or equal or higher rank irrespective of the duties to which
they are assigned.
   (b)  "Local sheriff" does not include persons employed to perform
identification or communication duties other than persons in that
employment on August 4, 1972, who elected within 90 days thereafter
to be local safety members. A contracting agency may elect by
amendment to its contract to include as "local sheriff" all persons
who were employed to perform identification or communication duties
on August 4, 1972, and who elect within 60 days of the effective date
of the contract amendment to be local safety members. The election
shall apply to the person's past as well as future service in the
employment held on the effective date but shall not apply to service
following any subsequent acceptance of appointment to a position
other than that held on the effective date. This subdivision shall
not apply to persons employed and qualified as deputy sheriffs or
equal or higher rank.
   (c) Any officer or employee who is a local sheriff as defined in
this section shall not be deemed to be a county peace officer, as
defined in Section 20436, for any purpose under this part.
   (d) This section shall not apply to the employees of any
contracting agency nor to any such agency unless and until the
contracting agency elects to be subject to the provisions of this
section by amendment to its contract with the board, made as provided
in Section 20474 or by express provision in its contract with the
board.


20432.5.  (a) "Local sheriff" also means a regularly employed
marshal of Shasta County or of a judicial district of Shasta County.
"Local sheriff" also means a regularly employed deputy marshal of
Shasta County or of a judicial district of Shasta County, or a
district attorney investigator of Shasta or Butte County whose
principal duties are to investigate crime and criminal cases, if the
deputy marshal or district attorney investigator is a member of the
deputy sheriffs' bargaining unit in the county or the judicial
district.
   (b) An officer or employee who is a local sheriff as defined in
this section is not a county peace officer as defined in Section
20436 or 20437.
   (c) This section does not apply to the employees of any
contracting agency nor to the agency, unless and until the
contracting agency elects to be subject to this section by amendment
to its contract with the board, made as provided in Section 20474, or
by express provision in its contract with the board.
   (d) Within 90 days of notice to the county that a risk pool has
been established pursuant to Section 20225.5, which makes available
the same service retirement formula provided to local sheriff members
in the county, the members included in the local sheriff member
classification pursuant to this section shall be included in one of
the available risk pools.


20432.6.  (a) "Local sheriff" also means a regularly employed
district attorney investigator of Solano County whose principal
duties are to investigate crime and criminal cases, if the district
attorney investigator is a member of the deputy sheriffs' bargaining
unit in the county or the judicial district.
   (b) An officer or employee who is a local sheriff as defined in
this section is not a county peace officer as defined in Section
20436 or 20437.
   (c) This section does not apply to the employees of any
contracting agency or to the agency, unless the contracting agency
elects to be subject to this section by amendment to its contract
with the board, made as provided in Section 20474, or by express
provision in its contract with the board.



20433.  "Local firefighter" means any officer or employee of a fire
department of a contracting agency, except one whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise and whose functions do not clearly fall within
the scope of active firefighting, or active firefighting and
prevention service, active firefighting and fire training, active
firefighting and hazardous materials, active firefighting and fire or
arson investigation, or active firefighting and emergency medical
services, even though that employee is subject to occasional call, or
is occasionally called upon, to perform duties within the scope of
active firefighting, or active firefighting and prevention service,
active firefighting and fire training, active firefighting and
hazardous materials, active firefighting and fire or arson
investigation, or active firefighting and emergency medical services,
but not excepting persons employed and qualifying as firefighters or
equal or higher rank, irrespective of the duties to which they are
assigned.


20434.  "Local firefighter" also means any officer or employee of a
fire department of a contracting agency, except one whose principal
duties are those of a telephone operator, clerk, stenographer,
machinist, mechanic, or otherwise and whose functions do not clearly
fall within the scope of active firefighting, fire prevention, fire
training, hazardous materials, emergency medical services, or fire or
arson investigation service, even though that employee is subject to
occasional call, or is occasionally called upon, to perform duties
within the scope of active firefighting, fire prevention, fire
training, hazardous materials, emergency medical services, or fire or
arson investigation service, but not excepting persons employed and
qualifying as firefighters or equal or higher rank, irrespective of
the duties to which they are assigned.
   This section shall not apply to the employees of any contracting
agency nor to any contracting agency until the agency elects to be
subject to this section by amendment to its contract with the board,
made pursuant to Section 20474 or by express provision in its
contract with the board.



20434.5.  "Local firefighter" also means any officer or employee of
a fire department of a contracting agency, except one whose principal
duties are those of a telephone operator, clerk, stenographer,
machinist, mechanic, or otherwise, and whose functions do not clearly
fall within the scope of hazardous materials services, even though
that employee is subject to occasional call, or is occasionally
called upon, to perform duties within the scope of hazardous
materials services, but not excepting persons employed and qualifying
as firefighters or equal or higher rank, irrespective of the duties
to which they are assigned.
   This section shall not apply to the employees of any contracting
agency nor to any contracting agency unless and until the contracting
agency elects to be subject to this section by amendment to its
contract with the board, made pursuant to Section 20474 or by express
provision in its contract with the board.



20435.  "Local firefighter" means any officer or employee of a
contracting agency performing a fire training function for a
contracting agency, except one whose principal duties are those of a
telephone operator, clerk, stenographer, machinist, mechanic, or
otherwise and whose functions do not clearly fall within the scope of
active firefighting, fire prevention, fire training, or fire
investigation service even though that employee is subject to
occasional call, or is occasionally called upon, to perform duties
within the scope of active firefighting, fire prevention, fire
training, or fire investigation service, but not excepting persons
employed and qualifying as firefighters or equal or higher rank,
irrespective of the duties to which they are assigned.
   This section shall not apply to the employees of any contracting
agency nor to any contracting agency until the agency elects to be
subject to this section by amendment to its contract with the board
made pursuant to Section 20474 or by express provision in its
contract.



20436.  (a) "County peace officer" means the sheriff and any officer
or employee of a sheriff's office of a contracting agency, except
one whose principal duties are those of a telephone operator, clerk,
stenographer, machinist, mechanic, or otherwise, and whose functions
do not clearly come within the scope of active law enforcement
service even though the employee is subject to occasional call, or is
occasionally called upon, to perform duties within the scope of
active law enforcement service, but not excepting persons employed
and qualifying as deputy sheriffs or equal or higher rank
irrespective of the duties to which they are assigned.
   (b) Any other provision in this part to the contrary
notwithstanding, "county peace officer" also includes and means any
inspector, investigator, detective, or person with a comparable
title, in any district attorney's office of a contracting agency
whose principal duties are to investigate crime and criminal cases
and who receives compensation for this service.
   (c) "County peace officer" does not include persons employed to
perform identification or communication duties other than persons in
that employment on August 4, 1972, who elected within 90 days
thereafter to be local safety members. A contracting agency may elect
by amendment to its contract to include as "county peace officer"
all persons who were employed to perform identification or
communication duties on August 4, 1972, and who elect within 60 days
of the effective date of the contract amendment to be local safety
members. The election shall apply to the person's past as well as
future service in the employment held on the effective date but may
not apply to service following any subsequent acceptance of
appointment to a position other than that held on the effective date.
This subdivision does not apply to persons employed and qualified as
deputy sheriffs or equal or higher rank.
   (d) "County peace officer" does not include any officer or
employee who is a local sheriff, as defined in Section 20432 or
20432.5.


20437.  (a) "County peace officer" shall also include the constable
and each regularly employed deputy constable and the marshal and each
regularly employed deputy marshal who serves the superior court. He
or she shall receive credit for service as a peace officer for any
time he or she served as constable or deputy constable of a township
or justice court or marshal or deputy marshal of a municipal court in
the same county.
   (b) The provisions of this section do not apply to the employees
of a contracting agency nor to the agency, unless and until the
contracting agency elects to be subject to this section by amendment
to its contract with the board, made as provided in Section 20474, or
by express provision in its contract with the board.
   (c) "County peace officer" does not include any officer or
employee who is a local sheriff, as defined in Section 20432.5.



20438.  "County peace officer" shall also include probation
officers, deputy and assistant probation officers, and persons
employed in a juvenile hall or home and having as their primary duty
and responsibility the counseling, supervision and custody of a group
of youths assigned or committed to the hall or home. It shall also
include persons employed as peace officers pursuant to Section 830.5
of the Penal Code, regardless of the administrative title of the
position. It shall not include persons employed as teachers,
instructors, psychologists, or to provide food, maintenance, health
or other supporting services even though responsibility for custody
and control of youths may be incident to or imposed in connection
with that service.
   This section shall not apply to any contracting agency nor to the
employees of a contracting agency until the agency elects to be
subject to this section by amendment to its contract with the board,
made as provided in Section 20474 or by express provision in its
contract with the board.


20439.  "County peace officer" shall also include employees of the
sheriff employed in a county jail, detention or correctional facility
and having as their primary duty and responsibility the supervision
and custody of persons committed to the jail or facility, whether or
not these employees are deputized. It shall not include persons
employed as clerks, typists, teachers, instructors, psychologists or
to provide food, maintenance, health or supporting services, even
though responsibility for custody and control of persons so committed
may be incident to, or imposed in connection with, that service or
the employees are deputized.
   This section shall not apply to any contracting agency nor to the
employees of a contracting agency until the agency elects to be
subject to this section by amendment to its contract with the board,
made as provided in Section 20474 or by express provision in its
contract with the board.



20440.  "County peace officer" shall also include employees of the
sheriff employed to attend sessions of the superior or former
municipal courts and preserve order in the courtrooms, to guard and
maintain the security of prisoners during court appearances, or to
summon jurors and take responsibility for them while they are
deliberating or absent from the courtroom. It shall not include
persons employed as clerks, typists, teachers, instructors or
psychologists.
   This section shall not apply to any contracting agency nor to the
employees of a contracting agency until the agency elects to be
subject to this section by amendment to its contract with the board,
made as provided in Section 20474 or by express provision in its
contract with the board.



20441.  "County peace officer" shall also include persons employed
by a county parks and recreation department whose primary
responsibility is maintaining the peace and whose duties include law
enforcement, emergency medical care first response, or fire
suppression and prevention in the Park Ranger class series.
   This section shall not apply to the employees of any contracting
agency nor to any agency unless and until the contracting agency
elects to be subject to the provisions of this section by amendment
to its contract with the board, made as provided in Section 20474 or
by express provision in its contract with the board.



20442.  Persons employed in positions that are found to come within
the definition of local safety member as the result of administrative
review by the board or court action and who were previously
miscellaneous members may elect to remain local miscellaneous members
by filing written notice of their intent with the board no later
than 90 days after the date of notice to the member of their right to
make an election. This section shall not apply to persons employed
by Santa Clara County.



20443.  A member who is employed in a position that is reclassified
from local miscellaneous to local safety and is made subject to a
safety service retirement benefit, other than that provided in
Section 21362, 21362.2, or 21363.1, may make an irrevocable election
in writing to remain subject to the miscellaneous service retirement
benefit by filing a notice of that election with the board within 90
days after notification by the board.



20444.  "School safety member" includes any officer or employee of a
school district or a community college district which has
established a police department pursuant to Section 39670 or 72330 of
the Education Code, whose principal duties consist of active law
enforcement service, except persons whose principal duties are
clerical or otherwise clearly do not fall 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.
   This section shall only apply to a school district or a community
college district that, pursuant to subdivision (i) of Section 20057,
entered into a contract with the board on or after January 1, 1990.



20445.  A member employed with a school district or community
college district, as defined in subdivision (i) of Section 20057, who
is in a position that qualifies as a school safety member and made
subject to a safety service retirement benefit other than that
provided in Section 21362, 21362.2, or 21363.1 may make an
irrevocable election in writing to remain subject to the
miscellaneous service retirement benefit by filing a notice of that
election with the board within 90 days after notification by the
board.