BILL NUMBER: SB 1984 CHAPTERED 09/30/02 CHAPTER 1153 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2002 APPROVED BY GOVERNOR SEPTEMBER 30, 2002 PASSED THE SENATE AUGUST 30, 2002 PASSED THE ASSEMBLY AUGUST 26, 2002 AMENDED IN ASSEMBLY AUGUST 23, 2002 AMENDED IN SENATE MAY 6, 2002 AMENDED IN SENATE MAY 1, 2002 INTRODUCED BY Senator Soto FEBRUARY 22, 2002 An act to amend Section 21151 of, and to add Section 21537.5 to, the Government Code, relating to public employees' retirement. LEGISLATIVE COUNSEL'S DIGEST SB 1984, Soto. Public employees' retirement: industrial disability and death benefits. Under existing law, patrol, state safety, state industrial, and state peace officer/firefighter members of the Public Employees' Retirement System, among others, who are incapacitated as the result of an industrial disability, are retired for disability, regardless of age or amount of service, and receive a disability retirement allowance equal to the greater of 50 percent of the member's final compensation plus an annuity, as specified, or, if qualified for service retirement, the member's service retirement allowance. The Public Employees' Retirement Law also provides that a special death benefit, as specified, is payable to a qualified survivor of any of those members if the member's death was industrial. This bill would make those industrial disability benefits and the special death benefit applicable to state miscellaneous members in State Bargaining Unit 12 and employed by the Department of Transportation who are injured or killed in the course of their duties with the department, if those benefits are approved in a memorandum of understanding between the state and the recognized employee organization, as specified. The bill would incorporate additional changes to Section 21151 of the Government Code proposed by AB 2023, to take effect if both bills are enacted and become effective and this bill is enacted last. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 21151 of the Government Code is amended to read: 21151. (a) Any patrol, state safety, state industrial, state peace officer/firefighter, or local safety member incapacitated for the performance of duty as the result of an industrial disability shall be retired for disability, pursuant to this chapter, regardless of age or amount of service. (b) This section also applies to local miscellaneous members if the contracting agency employing those members elects to be subject to this section by amendment to its contract. (c) This section also applies to all of the following: (1) State miscellaneous members employed by the Department of Justice who perform the duties now performed in positions with the class title of Criminalist (Class Code 8466), or Senior Criminalist (Class Code 8478), or Criminalist Supervisor (Class Code 8477), or Criminalist Manager (Class Code 8467), Latent Print Analyst I (Class Code 8460), Latent Print Analyst II (Class Code 8472), or Latent Print Supervisor (Class Code 8473). (2) State miscellaneous members employed by the Department of the California Highway Patrol who perform the duties now performed in positions with the class title of Communications Operator I, California Highway Patrol (Class Code 1663), Communications Operator II, California Highway Patrol (Class Code 1664), Communications Supervisor I, California Highway Patrol (Class Code 1662), or Communications Supervisor II, California Highway Patrol (Class Code 1665). (3) State miscellaneous members whose disability resulted under the conditions specified in Sections 20046.5 and 20047. (4) State miscellaneous members in State Bargaining Unit 12 employed by the Department of Transportation, provided a memorandum of understanding has been agreed to by the state employer and the recognized employee organization to make this paragraph applicable to those members. SEC. 1.5. Section 21151 of the Government Code is amended to read: 21151. (a) Any patrol, state safety, state industrial, state peace officer/firefighter, or local safety member incapacitated for the performance of duty as the result of an industrial disability shall be retired for disability, pursuant to this chapter, regardless of age or amount of service. (b) This section also applies to local miscellaneous members if the contracting agency employing those members elects to be subject to this section by amendment to its contract. (c) This section also applies to all of the following: (1) State miscellaneous members employed by the Department of Justice who perform the duties now performed in positions with the class title of Criminalist (Class Code 8466), or Senior Criminalist (Class Code 8478), or Criminalist Supervisor (Class Code 8477), or Criminalist Manager (Class Code 8467), Latent Print Analyst I (Class Code 8460), Latent Print Analyst II (Class Code 8472), or Latent Print Supervisor (Class Code 8473). (2) State miscellaneous members employed by the Department of the California Highway Patrol who perform the duties now performed in positions with the class title of Communications Operator I, California Highway Patrol (Class Code 1663), Communications Operator II, California Highway Patrol (Class Code 1664), Communications Supervisor I, California Highway Patrol (Class Code 1662), or Communications Supervisor II, California Highway Patrol (Class Code 1665). (3) State miscellaneous members whose disability resulted under the conditions specified in Sections 20046.5 and 20047. (4) State miscellaneous members in State Bargaining Unit 12 employed by the Department of Transportation, if a memorandum of understanding has been agreed to by the state employer and the recognized employee organization making this paragraph applicable to those members. (d) This section does not apply to local safety members described in Section 20423.6, unless this section has been made applicable to local miscellaneous members pursuant to subdivision (b). SEC. 2. Section 21537.5 is added to the Government Code, to read: 21537.5. (a) The special death benefit is payable if the deceased was a state miscellaneous member in State Bargaining Unit 12 employed by the Department of Transportation, if his or her death occurred as a result of injury arising out of and in the course of his or her official duties with the department, and if there is a survivor who qualifies under subdivision (b) of Section 21541. The Workers' Compensation Appeals Board, using the same procedures as in workers' compensation hearings, shall in disputed cases determine whether the death of the member occurred as a result of that injury. (b) The jurisdiction of the Workers' Compensation Appeals Board shall be limited solely to the issue of industrial causation, and this section may not be construed to authorize the Workers' Compensation Appeals Board to award costs against this system pursuant to Section 4600, 5811, or any other provision of the Labor Code. (c) This section shall not become operative unless and until a memorandum of understanding has been agreed to by the state employer and the recognized employee organization making this section applicable to those members described in subdivision (a). SEC. 3. Section 1.5 of this bill incorporates amendments to Section 21151 of the Government Code proposed by both this bill and AB 2023. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2003, (2) each bill amends Section 21151 of the Government Code, and (3) this bill is enacted after AB 2023, in which case Section 1 of this bill shall not become operative.