BILL NUMBER: SB 558	CHAPTERED  07/23/99

	CHAPTER   160
	FILED WITH SECRETARY OF STATE   JULY 23, 1999
	APPROVED BY GOVERNOR   JULY 22, 1999
	PASSED THE ASSEMBLY   JULY 8, 1999
	PASSED THE SENATE   MAY 25, 1999
	AMENDED IN SENATE   MAY 18, 1999
	AMENDED IN SENATE   MARCH 25, 1999

INTRODUCED BY   Senator Baca

                        FEBRUARY 19, 1999

   An act to add Section 31720.6 to the Government Code, relating to
county employee retirement benefits.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 558, Baca.  County employee retirement benefits.
   The County Employees Retirement Law of 1937 provides that the
development of heart trouble by specified safety members shall be
presumed to arise out of and in the course of employment.
   This bill would prescribe a similar presumption in the case of the
development of cancer by a safety member, firefighter member, or
member active in law enforcement, which presumption would extend
beyond the termination of services, as specified.


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


  SECTION 1.  Section 31720.6 is added to the Government Code, to
read:
   31720.6.  (a) If a safety member, a firefighter, or a member in
active law enforcement who has completed five years or more of
service under a pension system established pursuant to Chapter 4
(commencing with Section 31900) or under a pension system established
pursuant to Chapter 5 (commencing with Section 32200) or both or
under this retirement system or under the Public Employees'
Retirement System or under a retirement system established under this
chapter in another county, and develops cancer, the cancer so
developing or manifesting itself in those cases shall be presumed to
arise out of and in the course of employment.  The cancer so
developing or manifesting itself in those cases shall in no case be
attributed to any disease existing prior to that development or
manifestation.
   (b) Notwithstanding the existence of nonindustrial predisposing or
contributing factors, any safety member, firefighter member, or
member active in law enforcement permanently incapacitated for the
performance of duty as a result of cancer shall receive a
service-connected disability retirement if the member demonstrates
that he or she was exposed to a known carcinogen as a result of
performance of job duties.
   "Known carcinogen" for purposes of this section means those
carcinogenic agents recognized by the International Agency for
Research on Cancer, or its director.
   (c) The cancer so developing or manifesting itself in these cases
shall be presumed to arise out of and in the course of the
employment.  This presumption is disputable and may be controverted
by evidence, that the carcinogen to which the member has demonstrated
exposure is not reasonably linked to the disabling cancer, provided
that the primary site of the cancer has been established.  Unless so
controverted, the appeals board is bound to find in accordance with
the presumption.  This presumption shall be extended to a member
following termination of service for a period of three calendar
months for each full year of the requisite service, but not to exceed
60 months in any circumstance, commencing with the last date
actually worked in the specified capacity.
   (d) "Firefighter," for purposes of this section, includes a member
engaged in active fire suppression who is not classified as a safety
member.
   (e) "Member in active law enforcement," for purposes of this
section, includes a member engaged in active law enforcement who is
not classified as a safety member.