Bill Text: CA AB1696 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Death benefits: payment duration.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State - Chapter 361, Statutes of 2010. [AB1696 Detail]

Download: California-2009-AB1696-Chaptered.html

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BILL NUMBER: AB 1696	CHAPTERED
	BILL TEXT

	CHAPTER  361
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2010
	PASSED THE SENATE  AUGUST 11, 2010
	PASSED THE ASSEMBLY  MAY 13, 2010
	AMENDED IN ASSEMBLY  MAY 11, 2010
	AMENDED IN ASSEMBLY  APRIL 6, 2010

INTRODUCED BY   Assembly Member Bill Berryhill

                        JANUARY 28, 2010

   An act to amend Section 4703.5 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1696, Bill Berryhill. Death benefits: payment duration.
   Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, that generally requires employers to secure
the payment of workers' compensation for injuries incurred by their
employees that arise out of, and in the course of, employment.
Existing law provides certain methods for determining workers'
compensation benefits payable to a worker or his or her dependents
for purposes of temporary disability, permanent total disability,
permanent partial disability, and in the case of death. Existing law
provides that totally dependent minor children of a deceased worker
shall receive death benefits until the youngest child attains 18
years of age, or until the death of a child physically or mentally
incapacitated from earning, at a weekly rate of at least $224.
   This bill would extend death benefits until the youngest child
attains 19 years of age if the child is still attending high school
and is receiving the benefits as a child of certain public employees
killed in the performance of duty.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4703.5 of the Labor Code is amended to read:
   4703.5.  (a) In the case of one or more totally dependent minor
children, as defined in Section 3501, after payment of the amount
specified in Section 4702, and notwithstanding the maximum
limitations specified in Sections 4702 and 4703, payment of death
benefits shall continue until the youngest child attains 18 years of
age, or until the death of a child physically or mentally
incapacitated from earning, in the same manner and amount as
temporary total disability indemnity would have been paid to the
employee, except that no payment shall be made at a weekly rate of
less than two hundred twenty-four dollars ($224).
   (b) (1) Notwithstanding the age limitation in subdivision (a), the
payment of death benefits shall continue until the youngest child
attains 19 years of age if the child is still attending high school
and is receiving the death benefits as a child of an active member of
a sheriff's office, active member of a police or fire department of
a city, county, city and county, district, or other public or
municipal corporation or political subdivision, individual described
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code who is primarily engaged in active law enforcement
activities, active firefighting member of the Department of Forestry
and Fire Protection, or an active member of any county forestry or
firefighting department or unit killed in the performance of duty.
   (2) Paragraph (1) shall not apply with respect to a child of a
person whose principal duties are clerical or otherwise do not
clearly fall within the scope of active law enforcement or active
firefighting services, such as stenographers, telephone operators,
and other office workers.