Common use of PUBLIC SAFETY OFFICERS PROCEDURAL BILL OF RIGHTS Clause in Contracts

PUBLIC SAFETY OFFICERS PROCEDURAL BILL OF RIGHTS. (POBR) In accordance with applicable Government Code section(s), the classification of Supervising Juvenile Correctional Officer is subject to the provisions of the Public Safety Officers Procedural Bill of Rights (POBR). Should there be any revisions legislated by the State to the applicable government Code section(s), the revised provisions would apply. Furthermore, the foregoing information is only for the parties’ general reference and this Article is not grievable or appealable. ARTICLE 51 -- TIER III GENERAL/MISCELLANEOUS AND TIER II SAFETY RETIREMENT PLAN – MANDATORY (EFFECTIVE JUNE 18, 2007) Effective Fiscal Year 2007-2008, any employee hired into a permanent general/miscellaneous or safety position represented by SEIU – Local 521 shall be enrolled mandatorily under the following corresponding 1937 Act retirement plan sections: General/Miscellaneous Employees – GC Section 31676.15  2.6186% @ age 60; 3.1336% @ age 65  3 year average for final compensation Safety Employees – GC Section 31664.2  3% at 55 years of age  1 year average for final compensation The vested “health benefit” (currently $3.00 per year of service) resulting from the Settlement Agreement (Fresno County Superior Court Cases 605588-3, 608028-7 and 634171-3) [see Section 9] entered into judgment on December 15, 2000, shall be extended to employees enrolled in Tier III General/Miscellaneous or Tier II Safety. Any employee occupying a permanent position that is represented or unrepresented, who promotes, demotes or transfers into a permanent position represented by Unit 36 – Supervisory Employees, shall continue under the retirement tier in which they were enrolled immediately prior to their promotion, demotion or transfer. Any employee occupying a permanent position represented by Unit 36 – Supervisory Employees, who promotes, demotes or transfers into a permanent position that is represented or unrepresented, shall continue under the retirement tier in which they were enrolled immediately prior to their promotion, demotion or transfer. Any employee occupying a permanent position who promotes, demotes or transfers from a Safety classification to a General/Miscellaneous classification, or vice versa, shall be enrolled in the corresponding retirement tier (e.g., Tier I Safety membership shall end and Tier I General/Miscellaneous membership shall begin; Tier II Safety membership shall end and Tier II General/Miscellaneous membership shall begin). Tier I Tier II Tier III Tier I Tier II CORRESPONDING TIERS GENERAL/MISC. SAFETY NOTE: Employees initially enrolled in Tier III General/Miscellaneous who become enrolled in Tier II Safety and subsequently return to a permanent position in a General/Miscellaneous classification shall be re-enrolled into Tier III General/Miscellaneous. Any employee who deferred retirement prior to the December 15, 2000, Ventura II settlement agreement who subsequently rejoins the retirement association shall be enrolled in Tier I General/Miscellaneous or Tier I Safety. Any other employee who defers retirement and subsequently rejoins the retirement association shall continue under the retirement tier he or she was enrolled in prior to deferral. The foregoing summary of Tier III General/Miscellaneous and Tier II Safety Retirement Plan - Mandatory is for the parties’ general reference, and does not modify the County Board resolutions or County ordinances which established the tiers.

PUBLIC SAFETY OFFICERS PROCEDURAL BILL OF RIGHTS. (POBR) In accordance with applicable Government Code section(s), the classification of Supervising Juvenile Correctional Officer is subject to the provisions of the Public Safety Officers Procedural Bill of Rights (POBR). Should there be any revisions legislated by the State to the applicable government Code section(s), the revised provisions would apply. Furthermore, the foregoing information is only for the parties’ general reference and this Article is not grievable or appealable. ARTICLE 51 -- TIER III GENERAL/MISCELLANEOUS AND TIER II SAFETY RETIREMENT PLAN – MANDATORY (EFFECTIVE JUNE 18, 2007) Effective Fiscal Year 2007-2008, any employee hired into a permanent general/miscellaneous or safety position represented by SEIU – Local 521 shall be enrolled mandatorily under the following corresponding 1937 Act retirement plan sections: General/Miscellaneous Employees – GC Section 31676.15  ▪ 2.6186% @ age 60; 3.1336% @ age 65  ▪ 3 year average for final compensation Safety Employees – GC Section 31664.2  ▪ 3% at 55 years of age  ▪ 1 year average for final compensation The vested “health benefit” (currently $3.00 per year of service) resulting from the Settlement Agreement (Fresno County Superior Court Cases 605588-3, 608028-7 and 634171-3) [see Section 9] entered into judgment on December 15, 2000, shall be extended to employees enrolled in Tier III General/Miscellaneous or Tier II Safety. Any employee occupying a permanent position that is represented or unrepresented, who promotes, demotes or transfers into a permanent position represented by Unit 36 – Supervisory Employees, shall continue under the retirement tier in which they were enrolled immediately prior to their promotion, demotion or transfer. Any employee occupying a permanent position represented by Unit 36 – Supervisory Employees, who promotes, demotes or transfers into a permanent position that is represented or unrepresented, shall continue under the retirement tier in which they were enrolled immediately prior to their promotion, demotion or transfer. Any employee occupying a permanent position who promotes, demotes or transfers from a Safety classification to a General/Miscellaneous classification, or vice versa, shall be enrolled in the corresponding retirement tier (e.g., Tier I Safety membership shall end and Tier I General/Miscellaneous membership shall begin; Tier II Safety membership shall end and Tier II General/Miscellaneous membership shall begin). Tier I Tier II Tier III Tier I Tier II CORRESPONDING TIERS GENERAL/MISC. SAFETY NOTE: Employees initially enrolled in Tier III General/Miscellaneous who become enrolled in Tier II Safety and subsequently return to a permanent position in a General/Miscellaneous classification shall be re-enrolled into Tier III General/Miscellaneous. Any employee who deferred retirement prior to the December 15, 2000, Ventura II settlement agreement who subsequently rejoins the retirement association shall be enrolled in Tier I General/Miscellaneous or Tier I Safety. Any other employee who defers retirement and subsequently rejoins the retirement association shall continue under the retirement tier he or she was enrolled in prior to deferral. The foregoing summary of Tier III General/Miscellaneous and Tier II Safety Retirement Plan - Mandatory is for the parties’ general reference, and does not modify the County Board resolutions or County ordinances which established the tiers.

PUBLIC SAFETY OFFICERS PROCEDURAL BILL OF RIGHTS. (POBR) In accordance with applicable Government Code section(s), the classification of Supervising Juvenile Correctional Officer is subject to the provisions of the Public Safety Officers Procedural Bill of Rights (POBR). Should there be any revisions legislated by the State to the applicable government Code section(s), the revised provisions would apply. Furthermore, the foregoing information is only for the parties’ general reference and this Article is not grievable or appealable. ARTICLE 51 -- TIER III GENERAL/MISCELLANEOUS AND TIER II SAFETY RETIREMENT PLAN – MANDATORY (EFFECTIVE JUNE 18, 2007) Effective Fiscal Year 2007-2008, any employee hired into a permanent general/miscellaneous or safety position represented by SEIU – Local 521 shall be enrolled mandatorily under the following corresponding 1937 Act retirement plan sections: General/Miscellaneous Employees – GC Section 31676.15  ▪ 2.6186% @ age 60; 3.1336% @ age 65  ▪ 3 year average for final compensation Safety Employees – GC Section 31664.2  ▪ 3% at 55 years of age  ▪ 1 year average for final compensation The vested “health benefit” (currently $3.00 per year of service) resulting from the Settlement Agreement (Fresno County Superior Court Cases 605588-3, 608028-7 and 634171-3) [see Section 9] entered into judgment on December 15, 2000, shall be extended to employees enrolled in Tier III General/Miscellaneous or Tier II Safety. Any employee occupying a permanent position that is represented or unrepresented, who promotes, demotes or transfers into a permanent position represented by Unit 36 – Supervisory Employees, shall continue under the retirement tier in which they were enrolled immediately prior to their promotion, demotion or transfer. Any employee occupying a permanent position represented by Unit 36 – Supervisory Employees, who promotes, demotes or transfers into a permanent position that is represented or unrepresented, shall continue under the retirement tier in which they were enrolled immediately prior to their promotion, demotion or transfer. Any employee occupying a permanent position who promotes, demotes or transfers from a Safety classification to a General/Miscellaneous classification, or vice versa, shall be enrolled in the corresponding retirement tier (e.g., Tier I Safety membership shall end and Tier I General/Miscellaneous membership shall begin; Tier II Safety membership shall end and Tier II General/Miscellaneous membership shall begin). Tier I II Tier II Tier III Tier I Tier II I CORRESPONDING TIERS GENERAL/MISC. SAFETY NOTE: Employees initially enrolled in Tier III General/Miscellaneous who become enrolled in Tier II Safety and subsequently return to a permanent position in a General/Miscellaneous classification shall be re-enrolled into Tier III General/Miscellaneous. Any employee who deferred retirement prior to the December 15, 2000, Ventura II settlement agreement who subsequently rejoins the retirement association shall be enrolled in Tier I General/Miscellaneous or Tier I Safety. Any other employee who defers retirement and subsequently rejoins the retirement association shall continue under the retirement tier he or she was enrolled in prior to deferral. The foregoing summary of Tier III General/Miscellaneous and Tier II Safety Retirement Plan - Mandatory is for the parties’ general reference, and does not modify the County Board resolutions or County ordinances which established the tiers.. ARTICLE 52 -- TIER IV GENERAL/MISCELLANEOUS MANDATORY RETIREMENT PLAN – [THREE (3) YEAR AVERAGE] Effective June 11, 2012, any employee newly hired into a permanent position in a General/Miscellaneous classification shall be enrolled pursuant to the following sections of the County Employees Retirement Law of 1937 (Tier IV): ▪ GC 31676.1 – 1.67% @ 57½; 2% @ 61; 2.43% @ 65 ▪ GC 31621 – Default Member Contribution Code ▪ GC 31462 – 3 year average for final compensation ▪ 0 (zero) Cost of Living The “Settlement Health Benefit” (currently $3.00 per year of service) resulting from the Settlement Agreement (Fresno County Superior Court Cases 605588-3, 608028-7 and 634171-3) [see Section 9] entered into judgment on December 15, 2000 shall not be extended to employees enrolled in General Tier IV. Any employee occupying a permanent position who promotes, demotes or transfers from a Safety classification to a General/Miscellaneous classification, or vice versa, shall be enrolled in the corresponding retirement tier (e.g., Tier I Safety membership shall end and Tier I General/Miscellaneous membership shall begin; Tier II Safety membership shall end and Tier II General/Miscellaneous membership shall begin). Tier I Tier I Tier II Tier II Tier III Tier IV Tier IV CORRESPONDING TIERS GENERAL/MISC. SAFETY