Bill Text: CA AB664 | 2019-2020 | Regular Session | Amended
Bill Title: Workers’ compensation: injury: COVID-19.
Spectrum: Moderate Partisan Bill (Democrat 24-7)
Status: (Engrossed - Dead) 2020-09-01 - Ordered to inactive file by unanimous consent. [AB664 Detail]
Download: California-2019-AB664-Amended.html
Amended
IN
Senate
April 17, 2020 |
Amended
IN
Assembly
March 13, 2019 |
Introduced by Assembly (Principal coauthor: Senator Umberg) |
February 15, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
The County Employees Retirement Law of 1937 provides that a member who is permanently incapacitated shall be retired for disability despite age if, among other conditions, the member’s incapacity is a result of injury or disease arising out of and in the course of the member’s employment, and that employment contributes substantially to that incapacity or the member has completed 5 years of service and not waived retirement in respect to the particular incapacity or aggravation thereof, as specified.
This bill would require, for purposes of determining permanent incapacity of certain members employed as peace officers in the County of
Sacramento,
that those members be evaluated by the retirement system to determine if they can perform all of the usual and customary duties of a peace officer, as specified. The bill would apply to members who file applications for disability on or after the effective date of the act, except for cases on appeal at that time. The bill would require the board of retirement to develop a method of tracking the costs of providing permanent disability retirement to the members who become eligible for disability retirement pursuant to the bill’s provisions. The bill would repeal these provisions on December 31, 2024.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 3212.18 is added to the Labor Code, immediately following Section 3212.15, to read:3212.18.
(a) This section applies to all of the following:SEC. 2.
Section 4663 of the Labor Code is amended to read:4663.
(a) Apportionment of permanent disability shall be based on causation.SEC. 3.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:(a)Notwithstanding subdivision (b) of Section 31720, in determining permanent incapacity for a member who is employed in a position classified as a peace officer under Section 830 of the Penal Code, the member, based on the standards specified in Section 1031, shall be evaluated by the existing procedure established by the retirement system to determine if that member can perform all of the usual and customary duties of a peace officer who is described under Section 830 of the Penal Code.
(b)This section shall apply to a member who files an application for disability retirement on or after the effective date of this section, and shall not apply to an appeal brought before that date.
(c)This section shall only apply in the County of Sacramento.
(d)The board shall develop a method of tracking the costs of providing permanent disability retirement to the members who become eligible for disability retirement under this section.
(e)This section shall remain in effect only until December 31, 2024, and as of that date is repealed.