BILL ANALYSIS
AB 1739
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Date of Hearing: May 5, 2010
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Alberto Torrico, Chair
AB 1739 (Lieu) - As Introduced: February 8, 2010
SUBJECT : County employees' retirement: disability: military
leave.
SUMMARY : Allows, in Los Angeles County (County) only,
specified death and disability benefits to be provided to an
employee who is injured or killed during active military duty
while on military leave from the County. Specifically, this
bill :
1)Allows a member of the Los Angeles County Employees Retirement
Association (LACERA) who becomes permanently incapacitated as
a result of injury or disease arising out of their active
military service while on military leave from the County to be
retired for a non-service connected disability regardless of
age or years of service.
2)Allows the surviving spouse of a member who dies as a result
of injury or disease arising out of their active military
service while on military leave from the County to receive the
combined death benefit regardless of whether the member had
met the five year vesting requirement.
3)Specifies that these provisions only become operative upon
approval by the Los Angeles County Board of Supervisors and
that their adoption does not create a vested right, as
specified, and may be repealed or amended at any time.
EXISTING LAW:
1)Provides for disability retirement when a member of a
retirement system being operated under the County Employees'
Retirement Law of 1937 ('37 Act) becomes incapacitated by
injury or disease. There are two kinds of disability
retirement: (1) nonservice-connected disability, and (2)
service-connected disability.
There is no age requirement for nonservice-connected disability
retirement. However, a member must have over five years of
AB 1739
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credited service to qualify. For a service-connected
disability, there is no age or years of service requirement.
2)Permits the surviving spouse of a '37 Act member, with at
least five years of service, who dies as a result of a
service-connected injury or disease to elect a combined death
benefit.
FISCAL EFFECT : Unknown.
COMMENTS : According to the author, "Current law does not
provide adequate or consistent compensation to military
reservists who have been permanently incapacitated during the
performance of active military duty. AB 1739 enables Los
Angeles County to waive the five year service minimum required
to provide the incapacitated member, or the surviving spouse in
the case of death, with the retired for nonservice-connected
disability, or combined death benefit."
According to the sponsor, the Los Angeles County Sheriff's
Department, "Many members of our Department serve proudly and
heroically in the United States Military, and we are very proud
of these men and women. They sacrifice much by being away from
family and friends and put in harm's way protecting our country.
It is crucially important that we protect them and their
families if one of these heroes is injured or killed while
service this country. It is the right thing to do to extend
these disability and death benefit to our members."
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles County Sheriff's Department (Sponsor)
Association for Los Angeles Deputy Sheriffs
California Professional Firefighters
Orange County Employees Association
Los Angeles County Probation Officers Union
Opposition
None on file
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
AB 1739
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319-3957