BILL NUMBER: AB 2069 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 9, 2012
PASSED THE ASSEMBLY AUGUST 27, 2012
AMENDED IN SENATE MAY 24, 2012
AMENDED IN ASSEMBLY APRIL 10, 2012
INTRODUCED BY Assembly Member Solorio
(Principal coauthor: Senator Correa)
FEBRUARY 23, 2012
An act to amend Sections 4709 and 4856 of the Labor Code, relating
to workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2069, Solorio. Workers' compensation: peace officer benefits.
Existing law provides for the payment of a scholarship to
dependents of specified peace officers if the peace officer is killed
in the performance of his or her duty or if the officer suffers
death or permanent disability as a result of specified accidents or
injuries incurred in the performance of his or her duties. Existing
law also requires the employer of a peace officer who is killed in
the performance of his or her duty, or who suffers death as a result
of specified accidents or injuries, to continue providing health
benefits to the deceased employee's spouse unless the spouse elects
to receive a lump-sum survivor's benefit in lieu of monthly benefits.
This bill would extend these peace officer benefits to Sheriff's
Special Officers of the County of Orange.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4709 of the Labor Code is amended to read:
4709. (a) Notwithstanding any other law, a dependent of a peace
officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32,
830.33, 830.34, 830.35, 830.36, 830.37, 830.38, 830.39, 830.4, 830.5,
or 830.6 of the Penal Code, or a Sheriff's Special Officer of the
County of Orange, who is killed in the performance of duty or who
dies or is totally disabled as a result of an accident or an injury
caused by external violence or physical force, incurred in the
performance of duty, when the death, accident, or injury is
compensable under this division or Division 4.5 (commencing with
Section 6100) shall be entitled to a scholarship at any qualifying
institution described in subdivision (l) of Section 69432.7 of the
Education Code. The scholarship shall be in an amount equal to the
amount provided a student who has been awarded a Cal Grant
scholarship as specified in Chapter 1.7 (commencing with Section
69430) of Part 42 of Division 5 of Title 3 of the Education Code.
(b) A dependent of an officer or employee of the Department of
Corrections and Rehabilitation or the Department of Corrections and
Rehabilitation, Division of Juvenile Justice, described in Section
20403 of the Government Code who is killed in the performance of
duty, or who dies or is totally disabled as a result of an accident
or an injury incurred in the performance of duty, when the death,
accident, or injury is caused by the direct action of an inmate, and
is compensable under this division or Division 4.5 (commencing with
Section 6100), shall also be entitled to a scholarship specified in
this section.
(c) Notwithstanding any other law, a dependent of a firefighter
employed by a county, city, city and county, district, or other
political subdivision of the state, who is killed in the performance
of duty or who dies or is totally disabled as a result of an accident
or injury incurred in the performance of duty, when the death,
accident, or injury is compensable under this division or Division
4.5 (commencing with Section 6100), shall also be entitled to a
scholarship specified in this section.
(d) Nothing in this section shall be interpreted to allow the
admittance of the dependent into a college or university unless the
dependent is otherwise qualified to gain admittance to the college or
university.
(e) The scholarship provided for by this section shall be paid out
of funds annually appropriated in the Budget Act to the Student Aid
Commission established by Article 2 (commencing with Section 69510)
of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education
Code.
(f) The receipt of a scholarship provided for by this section
shall not preclude a dependent from receiving a Cal Grant award
pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 of
Division 5 of Title 3 of the Education Code, any other grant, or any
fee waivers that may be provided by an institution of higher
education. The receipt of a Cal Grant award pursuant to Chapter 1.7
(commencing with Section 69430) of Part 42 of Division 5 of Title 3
of the Education Code, any other grant, or any fee waivers that may
be provided by an institution of higher education shall not preclude
a dependent from receiving a scholarship provided for by this
section.
(g) As used in this section, "dependent" means the children
(natural or adopted) or spouse, at the time of the death or injury,
of the peace officer, law enforcement officer, or firefighter.
(h) Eligibility for a scholarship under this section shall be
limited to a person who demonstrates financial need as determined by
the Student Aid Commission pursuant to Article 1.5 (commencing with
Section 69503) of Chapter 2 of Part 42 of Division 5 of Title 3 of
the Education Code. For purposes of determining financial need, the
proceeds of death benefits received by the dependent, including, but
not limited to, a continuation of income received from the Public
Employees' Retirement System, the proceeds from the federal Public
Safety Officers' Benefits Act, life insurance policies, proceeds from
Sections 4702 and 4703.5, any private scholarship where receipt is
predicated upon the recipient being the survivor of a deceased public
safety officer, the scholarship awarded pursuant to Section 68120 of
the Education Code, and any interest received from these benefits,
shall not be considered.
SEC. 2. Section 4856 of the Labor Code is amended to read:
4856. (a) Whenever any local employee who is a firefighter, or
peace officer as described in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, or a Sheriff's Special
Officer of the County of Orange, is killed in the performance of his
or her duty or dies as a result of an accident or injury caused by
external violence or physical force incurred in the performance of
his or her duty, the employer shall continue providing health
benefits to the deceased employee's spouse under the same terms and
conditions provided prior to the death, or prior to the accident or
injury that caused the death, of the employee unless the surviving
spouse elects to receive a lump-sum survivors benefit in lieu of
monthly benefits. Minor dependents shall continue to receive benefits
under the coverage provided the surviving spouse or, if there is no
surviving spouse, until the age of 21 years. However, pursuant to
Section 22822 of the Government Code, the surviving spouse may not
add the new spouse or stepchildren as family members under the
continued health benefits coverage of the surviving spouse.
(b) Subdivision (a) also applies to the employer of any local
employee who is a firefighter, or peace officer as described in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, who was killed in the performance of his or her duty or
who died as a result of an accident or injury caused by external
violence or physical force incurred in the performance of his or her
duty prior to September 30, 1996.