BILL NUMBER: AB 609	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Conway

                        FEBRUARY 25, 2009

   An act to add Section 31720.2 to the Government Code, relating to
county employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 609, as introduced, Conway. County employees retirement:
disability retirement.
   Existing law provides that a member of a county or district
retirement system subject to the County Employees Retirement Law of
1937 shall be retired for disability if he or she is permanently
incapacitated for the performance of duty and either the incapacity
arose out the member's employment, as specified, or the member has 5
years of service.
   This bill would instead provide that a member of the county
retirement system in Tulare County shall be retired for disability
only if he or she is unable permanently to engage in any substantial
gainful employment with the county and either the incapacity arose
out of the member's employment or the member has 5 years of service.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 31720.2 is added to the Government Code, to
read:
   31720.2.  (a) Notwithstanding Section 31720, any member who is
permanently incapacitated, as defined in subdivision (b), shall be
retired for disability regardless of age only if either of the
following apply:
   (1) The member's incapacity is substantially caused by injury or
disease arising out of and in the course of the member's employment.
   (2) The member has completed a total of five years of service.
   (b) For the purpose of this section, "permanently incapacitated"
means that the member is unable permanently to engage in any
substantial gainful employment with the county.
   (c) This section shall apply only to Tulare County.