BILL NUMBER: AB 262	CHAPTERED  10/09/01

	CHAPTER  589
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2001
	APPROVED BY GOVERNOR  OCTOBER 7, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2001
	PASSED THE SENATE  SEPTEMBER 10, 2001
	AMENDED IN SENATE  AUGUST 27, 2001
	AMENDED IN SENATE  AUGUST 20, 2001
	AMENDED IN SENATE  JULY 18, 2001
	AMENDED IN ASSEMBLY  JUNE 5, 2001
	AMENDED IN ASSEMBLY  APRIL 23, 2001
	AMENDED IN ASSEMBLY  APRIL 19, 2001
	AMENDED IN ASSEMBLY  APRIL 16, 2001
	AMENDED IN ASSEMBLY  APRIL 16, 2001

INTRODUCED BY   Assembly Member Correa
   (Coauthors:  Assembly Members Bogh, Briggs, Calderon, Chavez,
Diaz, Dutra, Frommer, Harman, Havice, Horton, Keeley, Kehoe, Maddox,
Matthews, Richman, Steinberg, and Vargas)

                        FEBRUARY 16, 2001

   An act to amend Section 4707 of, and to add Section 4703.6 to, the
Labor Code, relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 262, Correa.  Workers' compensation.
   Existing law provides for the payment of death benefits to the
dependents of an injured employee who has died.  Existing law
provides that in the case of totally dependent children, the death
benefits are payable until the youngest child attains age 18.
Existing law exempts local safety members and patrol members, as
defined, from a specified limitation on the payment of death benefits
with respect to an employee who is an active member of the Public
Employees' Retirement System.
   This bill would provide for the payment of death benefits in the
case of a totally dependent child of a local safety member or a
patrol member, as defined, if the member was killed in the line of
duty before January 1, 1990, and the child is otherwise entitled to
the benefits.  The bill would also provide that the exemption for
local safety members and patrol members from the limitation on the
payment of death benefits would apply retroactively.


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


  SECTION 1.  Section 4703.6 is added to the Labor Code, to read:
   4703.6.  The provisions of Section 4703.5 shall also apply to a
totally dependent minor child of a local safety member as defined in
Article 4 (commencing with Section 20420) of Chapter 4 of Part 3 of
Division 5 of Title 2 of the Government Code, or a patrol member as
defined in Section 20390 of the Government Code, if the local safety
member or patrol member was killed in the line of duty prior to
January 1, 1990, and the totally dependent minor child is otherwise
entitled to benefits under Section 4703.5.
  SEC. 2.  Section 4707 of the Labor Code is amended to read:
   4707.  (a) Except as provided in subdivision (b), no benefits,
except reasonable expenses of burial not exceeding one thousand
dollars ($1,000), shall be awarded under this division on account of
the death of an employee who is an active member of the Public
Employees' Retirement System unless it is determined that a special
death benefit, as defined in the Public Employees' Retirement Law, or
the benefit provided in lieu of the special death benefit in
Sections 21547 and 21548 of the Government Code, will not be paid by
the Public Employees' Retirement System to the surviving spouse or
children under 18 years of age, of the deceased, on account of the
death, but if the total death allowance paid to the surviving spouse
and children is less than the benefit otherwise payable under this
division the surviving spouse and children are entitled, under this
division, to the difference.
   The amendments to this section during the 1977-78 Regular Session
shall be applied retroactively to July 1, 1976.
   (b) The limitation prescribed by subdivision (a) shall not apply
to local safety members, or patrol members, as defined in Section
20390 of the Government Code, of the Public Employees' Retirement
System.  This subdivision shall be applied retroactively.