BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 1696
                                                                Page  1


        ASSEMBLY THIRD READING
        AB 1696 (Bill Berryhill)
        As Amended  May 11, 2010
        Majority vote. 

         INSURANCE           11-0                                         
         
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        |Ayes:|Solorio, Blakeslee,       |     |                          |
        |     |Anderson, Caballero,      |     |                          |
        |     |Charles Calderon, Carter, |     |                          |
        |     |Feuer, Hagman, Hayashi,   |     |                          |
        |     |Salas, Torres             |     |                          |
        |-----+--------------------------+-----+--------------------------|
        |     |                          |     |                          |
         ----------------------------------------------------------------- 
         SUMMARY  :  Extends workers' compensation death benefits until the  
        youngest child reaches age 19 if the parent served in a specified  
        public position and was killed on duty.  Specifically,  this bill  :
         
         1)Extends the payment of death benefits under the workers'  
          compensation system 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 any of the following public  
          safety officers killed in the performance of duty:

           a)   An active member of a sheriff's office;

           b)   An active member of a police or fire department of a city,  
             county, or other public or municipal corporation;

           c)   An individual who is primarily engaged in active law  
             enforcement activities and who has the power of arrest or the  
             power to serve warrants or to maintain the custody of prisoners  
             or inmates of county jails;

           d)   An active firefighting member of the Department of Forestry  
             and Fire Protection; and,

           e)   An active member of any county forestry or firefighting  
             department or unit.

        1)Provides that the bill does not apply to a child of a person whose  
          principal duties are office work and do not clearly fall within  








                                                                AB 1696
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          the scope of active law enforcement or active firefighting  
          services.

         EXISTING LAW  :

        1)Provides that in the case of one or more totally dependent minor  
          children, the death benefits under workers' compensation shall  
          continue until the youngest child attains the age of 18, or until  
          the death of a child physically or mentally incapacitated from  
          earning.  

        2)Specifies that in this instance, the death benefits shall be paid  
          in the same manner and amount as temporary total disability  
          indemnity would have been paid to the deceased parent.  The  
          minimum payment of this benefit is $224 per week.  

         FISCAL EFFECT  :   Undetermined.  At the hearing of the Assembly  
        Insurance Committee on May 5, 2010, testimony was received that this  
        bill affects relatively few families.


         COMMENTS  :

        1)The purpose of this bill is to extend workers' compensation  
          benefits payable to the totally dependent minor children of a  
          deceased firefighter or law enforcement officer until the youngest  
          child reaches 19 years of age, provided he or she is still  
          attending high school.

        2)Existing law provides for the payment of workers' compensation  
          death benefits to the families of deceased workers.  Monthly death  
          benefits are paid until the youngest dependent child reaches the  
          age of 18.

        The author states that in 2005, Sgt. Howie Stevenson became the  
          first officer in the history of the Ceres Police Department to die  
          in the line of duty, leaving behind a wife and two children.   
          After his tragic death, Sgt. Stevenson's family began receiving  
          workers' compensation survivor benefits.  However, when the  
          youngest child turned 18 years of age the benefits ceased to be  
          paid to the family, placing an immediate and considerable burden  
          on the household when the child still lived at home and was  
          attending high school.  In that instance, half of the family's  
          income was eliminated.








                                                                AB 1696
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        3)The author states that this bill is similar to provisions of  
          federal law.  The Social Security Administration allows a  
          dependent child receiving Social Security benefits to do so until  
          he or she reaches age 19, graduates from high school, or ceases to  
          attend high school on a full-time basis.

        The author and the California Professional Firefighters also state  
          that public safety officials put their lives on the line everyday  
          to protect the health and safety of Californians.  In the rare and  
          tragic case of an officer's or firefighter's death, the surviving  
          family suffers considerable burdens that state and local  
          government can only begin to address.  The California State  
          Firefighters' Association states that this bill is in keeping with  
          the spirit and intent of existing law to provide these families  
          with as much assistance as possible in their time of greatest  
          need.

        4)The CSAC Excess Insurance Authority states that one provision of  
          the bill goes too far.  For example, a child who is still  
          attending high school at age 19 due to poor performance in prior  
          years would be eligible for additional benefits at the employer's  
          expense.  This authority states that a fair compromise would be to  
          provide death benefits until the end of the school year during  
          which the dependent minor turns 18.  Absent the inclusion of such  
          an amendment, this authority opposes the bill.

        The California Coalition on Workers' Compensation (CCWC) opposes an  
          extension of death benefits past the point where children legally  
          become adults.  Death benefits for minor children are specifically  
          designed to carry the last minor child of a deceased employee into  
          adulthood.  There is no demonstrated reason to expand the benefit  
          only to the children of public safety officers, and CCWC has not  
          identified any factor that makes children of public safety  
          officers more deserving of additional survivor benefits than the  
          children of any other deceased employee.

         
        Analysis Prepared by  :    Manny Hernandez / INS. / (916) 319-2086


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