BILL NUMBER: AB 1748	CHAPTERED  09/12/02

	CHAPTER  476
	FILED WITH SECRETARY OF STATE  SEPTEMBER 12, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 11, 2002
	PASSED THE ASSEMBLY  AUGUST 20, 2002
	PASSED THE SENATE  AUGUST 14, 2002
	AMENDED IN SENATE  JUNE 29, 2002
	AMENDED IN ASSEMBLY  MAY 23, 2002
	AMENDED IN ASSEMBLY  APRIL 9, 2002

INTRODUCED BY   Assembly Members Dickerson, Briggs, Pescetti, and
Strom-Martin

                        JANUARY 7, 2002

   An act to add Section 4114.5 to the Public Resources Code,
relating to firefighting pilots.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1748, Dickerson.  Department of Forestry and Fire Protection:
contract pilots:  death benefits.
   Under existing law, the Department of Forestry and Fire Protection
is required, among other things, to provide fire prevention and
firefighting equipment, organize crews and patrols, and employ
necessary personnel.
   This bill would require that all contracts entered into by the
department to retain the services of pilots to fly firefighting
aircraft contain an express provision that if the pilot dies while
performing his or her duties under the contract, eligible survivors,
if any, of the pilot shall receive a one-time lump-sum death benefit.

   The bill would specify that it would not relieve the pilot's
employer from the obligation to secure coverage for workers'
compensation; eliminate or reduce any workers' compensation benefits
otherwise available; or affect, alter, or eliminate any other remedy
otherwise available at law.


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


  SECTION 1.  Section 4114.5 is added to the Public Resources Code,
to read:
   4114.5.  (a) Any contract entered into by the department to retain
the services of pilots to fly firefighting aircraft shall expressly
provide that, if the pilot dies while performing the duties
specified in the contract, eligible survivors, if any, of the pilot
shall be paid a one-time death benefit equal to the sum of the
following:
   (1) The amount of the one-time benefit that the eligible survivors
of the pilot would receive if the pilot were subject to the federal
Public Safety Officers' Death Benefits Act (42 U.S.C. 3796 et seq.).
This paragraph shall not be applicable if, at the time of the pilot'
s death, the eligible survivors of the pilot are entitled to benefits
under that act.
   (2) An amount, as determined by the department, that would be
commensurate with the death benefit payable to a mid-career
firefighter employed by the department who died in the line of duty.

   (b) The benefits payable pursuant to any contract subject to this
section shall be paid to eligible survivors in a lump sum as follows:

   (1) If there is no eligible child, to the surviving spouse.
   (2) If there is an eligible child or children and a surviving
spouse, one-half to the child or to the children in equal shares and
one-half to the surviving spouse.
   (3) If there is no surviving spouse and there is an eligible child
or children, to the eligible child or in equal shares to the
eligible children.
   (4) If there is no surviving spouse nor any eligible child or
children, to the surviving parent or in equal shares to the surviving
parents.
   (c) If there are no eligible survivors, no benefit shall be
payable and a pilot may not otherwise designate a beneficiary to
receive the benefits under the contract.
   (d) (1) As used in this section, an "eligible survivor"  means the
surviving spouse, eligible children, or surviving parents of the
deceased pilot.
   (2) "Surviving spouse" means a husband or wife who was married to
the pilot at the time of the pilot's death.
   (3) "Eligible child" means an unmarried, natural child of the
deceased pilot who (A) was born before or after the death of the
pilot or is an adopted child or stepchild of the pilot, and (B) is 18
years of age or younger at the time of the pilot's death, or over
the age of 18 years and incapable of self-support due to a physical
or mental disability, or between the age of 18 and 22 years and
pursuing a full-time course of study or training, if the child has
not already completed four years of education beyond high school.
   (e) This section shall be applicable irrespective of whether the
department contracts directly with the pilot or contracts with a
third party that employs or contracts with pilots.
   (f) Nothing in this section relieve the pilot's employer from the
obligation to secure coverage for workers' compensation; eliminate or
reduce any workers' compensation benefits otherwise available; or
affect, alter, or eliminate any other remedy otherwise available at
law.