BILL NUMBER: AB 1739	CHAPTERED
	BILL TEXT

	CHAPTER  83
	FILED WITH SECRETARY OF STATE  JULY 15, 2010
	APPROVED BY GOVERNOR  JULY 15, 2010
	PASSED THE SENATE  JUNE 28, 2010
	PASSED THE ASSEMBLY  MAY 13, 2010

INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 8, 2010

   An act to add Section 31720.4 to the Government Code, relating to
county employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1739, Lieu. County employees' retirement: disability: military
leave.
   The County Employees Retirement Law of 1937 permits a member
permanently incapacitated for the performance of duty to be retired
for disability regardless of age only if the member's incapacity is a
result of injury or disease arising out of, and in the course of,
the member's employment, and the employment contributes substantially
to the incapacity or the member has complete 5 years of service, as
specified. Existing law permits the spouse of a member who dies in
service after 5 years of service or as a result of service-connected
injury or disease to elect a combined death benefit.
   This bill would, in Los Angeles County, upon adoption by the board
of supervisors or a district governing body, require that a member
who becomes permanently incapacitated for the performance of duty
with his or her county or district as a direct result of injury or
disease arising out of, and in the course of, active military service
while on miliary leave, as defined, be retired for
nonservice-connected disability regardless of age or years of
service. The bill would also permit the surviving spouse of a member
who dies in the course of this active military service to receive the
combined death benefit without regard to what would otherwise be
required with regard to the member. The bill would provide that the
right to these benefits is not vested with respect to any member
prior to the member's retirement or death.


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

  SECTION 1.  Section 31720.4 is added to the Government Code, to
read:
   31720.4.  (a) Notwithstanding subdivision (b) of Section 31720, a
member who becomes permanently incapacitated for the performance of
duty with his or her employing county or district as a direct
consequence and result of injury or disease arising out of, and in
the course of, active military service while on miliary leave from
the county or district, shall be retired for nonservice-connected
disability regardless of age or years of service.
   (b) Notwithstanding any provision to the contrary in Section
31781.3, the surviving spouse of a member who dies as a direct
consequence and result of injury or disease arising out of, and in
the course of, active military service while on miliary leave from
his or her employing county or district, shall be entitled to the
combined benefit under Section 31781.3 regardless of the member's
years of service at the time of death.
   (c) For the purposes of this section:
   (1) "Active military service" means full-time duty within a branch
of the Armed Forces of the United States.
   (2) "Military leave" means an authorized leave of absence taken
from a member's employing county or district as a result of a member
being called to active military service because of his or her
position as a reservist or member of the National Guard.
   (d) This section shall apply only to the County of Los Angeles and
shall not be operative with regard to the county, or a district
within the county, until the board of supervisors of the county, or
the governing body of the district, elects, by resolution adopted by
a majority vote, to make this section operative. The adoption of a
resolution making this section operative shall not create a vested
right with respect to any member prior to the member's retirement or
death. The board of supervisors or the governing body of the district
may repeal or amend the resolution at any time, except to the extent
that it would affect a member who is retired or is deceased at the
time of the repeal or amendment.