BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1739|
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                                 THIRD READING


          Bill No:  AB 1739
          Author:   Lieu (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE PUBLIC EMP. & RET. COMMITTEE  :  6-0, 6/14/10
          AYES:  Correa, Ashburn, Corbett, Ducheny, Hollingsworth,  
            Liu

           ASSEMBLY FLOOR  :  76-0, 5/13/10 - See last page for vote


           SUBJECT  :    County employees retirement:  disability:   
          military leave

           SOURCE  :     Los Angeles County Sheriffs Department 


           DIGEST  :    This bill provides, in the Los Angeles County  
          Employees Retirement Association, non service-related death  
          and disability benefits to active employee members and  
          their survivors who are disabled or killed while on  
          military leave and performing active military duty.

           ANALYSIS  :    Existing law provides non service-related  
          death and disability benefits for Los Angeles County  
          Employees Retirement Association (LACERA) members, with at  
          least five years of service, who become disabled or die  
          while actively employed.

          This bill:

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                                                               AB 1739
                                                                Page  
          2

          1.Extends non service-related disability benefits to active  
            LACERA members who are disabled as a result of injury or  
            illness incurred while on military leave and employed in  
            active military duty.

          2.Extends death benefits, including an ongoing monthly  
            allowance, to the survivors of LACERA members who die as  
            a result of injury or illness incurred while on military  
            leave and employed in active military duty.

          3.Provides these benefits regardless of the member's age or  
            length of county service.

          4.Defines active military duty within a branch of the armed  
            forces by a reservist or member of the National Guard.

          5.Makes implementation of these provisions dependent on a  
            resolution by the Los Angeles County Board of Supervisors  
            or the governing body of a LACERA district in the county,  
            and allows the Board or governing body to repeal or amend  
            the resolution at any time with regard to employees who  
            have not been disabled or killed prior to the repeal or  
            amendment.

          6.Requires that a resolution making the provisions  
            effective shall not create a vested right to benefits  
            prior to a member's disability or death.

           Comments

           According to the author's office, "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  
          non service-connected disability, or combined death  
          benefit."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/16/10)







                                                               AB 1739
                                                                Page  
          3


          Los Angeles County Sheriff's Department (source)
          Association for Los Angeles Deputy Sheriffs
          California Professional Firefighters
          Los Angeles Probation Officers' Union, AFSCME, Local 685
          Orange County Employees Association

           ARGUMENTS IN SUPPORT  :    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 of one of these heroes is injured or killed while  
          serving this country.  It is the right thing to do to  
          extend these disability and death benefit to our members.


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Blakeslee, Block,  
            Blumenfield, Bradford, Brownley, Buchanan, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Silva, Smyth, Solorio, Audra Strickland,  
            Swanson, Torlakson, Torres, Torrico, Tran, Villines,  
            Yamada, John A. Perez
          NO VOTE RECORDED:  Caballero, Norby, Skinner, Vacancy


          CPM:cm  6/16/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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