BILL NUMBER: AB 1696 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 6, 2010 INTRODUCED BY Assembly Member Bill Berryhill JANUARY 28, 2010 An act to amend Section 4703.5 of the Labor Code, relating to workers' compensation. LEGISLATIVE COUNSEL'S DIGEST AB 1696, as amended, Bill Berryhill. Death benefits: payment duration. Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, that generally requires employers to secure the payment of workers' compensation for injuries incurred by their employees that arise out of, and in the course of, employment. Existing law provides certain methods for determining workers' compensation benefits payable to a worker or his or her dependents for purposes of temporary disability, permanent total disability, permanent partial disability, and in the case of death. Existing law provides that totally dependent minor children of the deceased worker shall receive death benefits until the youngest child attains 18 years of age, or until the death of a child physically or mentally incapacitated from earning, at a weekly rate of at least $224. This bill would extend death benefits until 19 years of age if the child is still attending high school and is receiving the benefits as a child of certain public employees killed in the performance of duty . 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 4703.5 of the Labor Code is amended to read: 4703.5. (a) In the case of one or more totally dependent minor children, as defined in Section 3501, after payment of the amount specified in Section 4702, and notwithstanding the maximum limitations specified in Sections 4702 and 4703, payment of death benefits shall continue until the youngest child attains 18 years of age(19 years of age if the child is still attending high school), or until the death of a child physically or mentally incapacitated from earning, in the same manner and amount as temporary total disability indemnity would have been paid to the employee, except that no payment shall be made at a weekly rate of less than two hundred twenty-four dollars ($224). (b) Notwithstanding subdivision (a), the payment of death benefits shall continue until the youngest child attains 19 years of age if the child is still attending high school and is receiving the death benefits as a child of a member of a sheriff's office, member of a police or fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision, individual described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, active firefighting member of the Department of Forestry and Fire Protection, or member of any county forestry or firefighting department or unit killed in the performance of duty.