BILL NUMBER: AB 1883 CHAPTERED 09/29/00 CHAPTER 920 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2000 APPROVED BY GOVERNOR SEPTEMBER 29, 2000 PASSED THE ASSEMBLY AUGUST 22, 2000 PASSED THE SENATE AUGUST 10, 2000 AMENDED IN SENATE AUGUST 7, 2000 AMENDED IN SENATE JUNE 29, 2000 AMENDED IN SENATE JUNE 21, 2000 AMENDED IN SENATE JUNE 7, 2000 AMENDED IN ASSEMBLY MARCH 20, 2000 INTRODUCED BY Assembly Member Lowenthal (Principal coauthor: Senator Karnette) FEBRUARY 10, 2000 An act to amend Sections 4850 and 4850.3 of the Labor Code, relating to workers' compensation. LEGISLATIVE COUNSEL'S DIGEST AB 1883, Lowenthal. Workers' compensation: disability benefits for airport law enforcement officers and harbor and port police. Existing workers' compensation law provides that certain peace officers, firefighters, and other specified state and local public employees are entitled to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of employment. This leave of absence is in lieu of temporary disability payments or maintenance allowance payments otherwise payable. This bill would extend this provision to specified airport law enforcement officers, harbor and port police officers, wardens, and special officers. This bill would incorporate additional changes in Section 4850 of the Labor Code proposed by AB 1124 and SB 2081, to become operative only if those bills are enacted, as specified, and become operative on or before January 1, 2001, and this bill is enacted last. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4850 of the Labor Code is amended to read: 4850. (a) Whenever any person listed in subdivision (b) who is a member of the Public Employees' Retirement System or the Los Angeles City Employees' Retirement System or subject to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code), is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his or her duties, he or she shall become entitled, regardless of his or her period of service with the city, county, or district, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments under Section 139.5, if any, which would be payable under this chapter, for the period of the disability, but not exceeding one year, or until that earlier date as he or she is retired on permanent disability pension, and is actually receiving disability pension payments, or advanced disability pension payments pursuant to Section 4850.3. (b) The persons eligible under subdivision (a) include all of the following: (1) City police officers. (2) City, county, or district firefighters. (3) Sheriffs. (4) Officers or employees of any sheriff's offices. (5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorney's office. (6) County probation officers, group counselors, or juvenile services officers. (7) Officers or employees of a probation office. (8) Peace officers under Section 830.31 of the Penal Code employed on a regular, full-time basis by a county of the first class. (9) Lifeguards employed year round on a regular, full-time basis by a county of the first class. (10) Airport law enforcement officers under subdivision (d) of Section 830.33 of the Penal Code. (11) Harbor or port police officers, wardens, or special officers of a harbor or port district or city or county harbor department under subdivision (a) of Section 830.1 or subdivision (b) of Section 830.33 of the Penal Code. (c) This section shall apply only to persons listed in subdivision (b) who meet the requirements of subdivision (a) and does not include any of the following: (1) Employees of a police department whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly fall within the scope of active law enforcement service. (2) Employees of a county sheriff's office whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service. (3) Employees of a county probation office whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service. (4) Employees of a city fire department, county fire department, or fire district whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly fall within the scope of active firefighting and prevention service. (d) If the employer is insured, the payments which, except for this section, the insurer would be obligated to make as disability indemnity to the injured, the insurer may pay to the insured. (e) No leave of absence taken pursuant to this section by a peace officer, as defined by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall be deemed to constitute family care and medical leave, as defined in Section 12945.2 of the Government Code, or to reduce the time authorized for family care and medical leave by Section 12945.2 of the Government Code. SEC. 1.3. Section 4850 of the Labor Code is amended to read: 4850. (a) Whenever any person listed in subdivision (b) who is a member of the Public Employees' Retirement System or subject to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code), is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his or her duties, he or she shall become entitled, regardless of his or her period of service with the city, county, or district, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments under Section 139.5, if any, which would be payable under this chapter, for the period of the disability, but not exceeding one year, or until that earlier date as he or she is retired on permanent disability pension, and is actually receiving disability pension payments, or advanced disability pension payments pursuant to Section 4850.3. (b) The persons eligible under subdivision (a) include all of the following: (1) City police officers. (2) City, county, or district firefighters. (3) Sheriffs. (4) Officers or employees of any sheriff's offices. (5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorney's office. (6) County probation officers, group counselors, or juvenile services officers. (7) Officers or employees of a probation office. (8) Peace officers under Section 830.31 of the Penal Code employed on a regular, full-time basis by a county of the first class. (9) Lifeguards employed year round on a regular, full-time basis by a county of the first class. (10) Custody assistants employed on a regular, full-time basis by a county of the first class. (11) Airport law enforcement officers under subdivision (d) of Section 830.33 of the Penal Code. (12) Harbor or port police officers, wardens, or special officers of a harbor or port district or city or county harbor department under subdivision (a) of Section 830.1 or subdivision (b) of Section 830.33 of the Penal Code. (c) This section shall apply only to persons listed in subdivision (b) who meet the requirements of subdivision (a) and does not include any of the following: (1) Employees of a police department whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly fall within the scope of active law enforcement service. (2) Employees of a county sheriff's office whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service. (3) Employees of a county probation office whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service. (4) Employees of a city fire department, county fire department, or fire district whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly fall within the scope of active firefighting and prevention service. (d) If the employer is insured, the payments which, except for this section, the insurer would be obligated to make as disability indemnity to the injured, the insurer may pay to the insured. (e) No leave of absence taken pursuant to this section by a peace officer, as defined by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall be deemed to constitute family care and medical leave, as defined in Section 12945.2 of the Government Code, or to reduce the time authorized for family care and medical leave by Section 12945.2 of the Government Code. SEC. 1.5. Section 4850 of the Labor Code is amended to read: 4850. (a) Whenever any person listed in subdivision (b) who is a member of the Public Employees' Retirement System or subject to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code), is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his or her duties, he or she shall become entitled, regardless of his or her period of service with the city, county, or district, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments under Section 139.5, if any, which would be payable under this chapter, for the period of the disability, but not exceeding one year, or until that earlier date as he or she is retired on permanent disability pension, and is actually receiving disability pension payments, or advanced disability pension payments pursuant to Section 4850.3. (b) The persons eligible under subdivision (a) include all of the following: (1) City police officers. (2) City, county, or district firefighters. (3) Sheriffs. (4) Officers or employees of any sheriff's offices. (5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorney's office. (6) County probation officers, group counselors, or juvenile services officers. (7) Officers or employees of a probation office. (8) Peace officers under Section 830.31 of the Penal Code employed on a regular, full-time basis by a county of the first class. (9) Lifeguards employed year round on a regular, full-time basis by a county of the first class. (10) Airport law enforcement officers under subdivision (d) of Section 830.33 of the Penal Code. (11) Harbor or port police officers, wardens, or special officers of a harbor or port district or city or county harbor department under subdivision (a) of Section 830.1 or subdivision (b) of Section 830.33 of the Penal Code. (12) Police officers of the Los Angeles Unified School District. (c) This section shall apply only to persons listed in subdivision (b) who meet the requirements of subdivision (a) and does not include any of the following: (1) Employees of a police department whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly fall within the scope of active law enforcement service. (2) Employees of a county sheriff's office whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service. (3) Employees of a county probation office whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service. (4) Employees of a city fire department, county fire department, or fire district whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly fall within the scope of active firefighting and prevention service. (d) If the employer is insured, the payments which, except for this section, the insurer would be obligated to make as disability indemnity to the injured, the insurer may pay to the insured. (e) No leave of absence taken pursuant to this section by a peace officer, as defined by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall be deemed to constitute family care and medical leave, as defined in Section 12945.2 of the Government Code, or to reduce the time authorized for family care and medical leave by Section 12945.2 of the Government Code. SEC. 1.7. Section 4850 of the Labor Code is amended to read: 4850. (a) Whenever any person listed in subdivision (b) who is a member of the Public Employees' Retirement System or subject to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code), is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his or her duties, he or she shall become entitled, regardless of his or her period of service with the city, county, or district, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments under Section 139.5, if any, which would be payable under this chapter, for the period of the disability, but not exceeding one year, or until that earlier date as he or she is retired on permanent disability pension, and is actually receiving disability pension payments, or advanced disability pension payments pursuant to Section 4850.3. (b) The persons eligible under subdivision (a) include all of the following: (1) City police officers. (2) City, county, or district firefighters. (3) Sheriffs. (4) Officers or employees of any sheriff's offices. (5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorney's office. (6) County probation officers, group counselors, or juvenile services officers. (7) Officers or employees of a probation office. (8) Peace officers under Section 830.31 of the Penal Code employed on a regular, full-time basis by a county of the first class. (9) Lifeguards employed year round on a regular, full-time basis by a county of the first class. (10) Custody assistants employed on a regular, full-time basis by a county of the first class. (11) Airport law enforcement officers under subdivision (d) of Section 830.33 of the Penal Code. (12) Harbor or port police officers, wardens, or special officers of a harbor or port district or city or county harbor department under subdivision (a) of Section 830.1 or subdivision (b) of Section 830.33 of the Penal Code. (13) Police officers of the Los Angeles Unified School District. (c) This section shall apply only to persons listed in subdivision (b) who meet the requirements of subdivision (a) and does not include any of the following: (1) Employees of a police department whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly fall within the scope of active law enforcement service. (2) Employees of a county sheriff's office whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service. (3) Employees of a county probation office whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service. (4) Employees of a city fire department, county fire department, or fire district whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly fall within the scope of active firefighting and prevention service. (d) If the employer is insured, the payments which, except for this section, the insurer would be obligated to make as disability indemnity to the injured, the insurer may pay to the insured. (e) No leave of absence taken pursuant to this section by a peace officer, as defined by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall be deemed to constitute family care and medical leave, as defined in Section 12945.2 of the Government Code, or to reduce the time authorized for family care and medical leave by Section 12945.2 of the Government Code. SEC. 2. Section 4850.3 of the Labor Code is amended to read: 4850.3. A city, county, special district, or harbor district that is a member of the Public Employees' Retirement System, is subject to the County Employees Retirement Law of 1937, or is subject to the Los Angeles City Employees' Retirement System, may make advanced disability pension payments to any local safety officer who has qualified for benefits under Section 4850 and is approved for a disability allowance. The payments shall be no less than 50 percent of the estimated highest average annual compensation earnable by the local safety officer during the three consecutive years of employment immediately preceding the effective date of his or her disability retirement, unless the local safety officer chooses an optional settlement in the permanent disability retirement application process which would reduce the pension allowance below 50 percent. In the case where the local safety officer's choice lowers the disability pension allowance below 50 percent of average annual compensation as calculated, the advanced pension payments shall be set at an amount equal to the disability pension allowance. If a local agency has an adopted policy of paying for any accumulated sick leave after the safety officer is eligible for a disability allowance, the advanced disability pension payments under this section may only be made when the local safety officer has exhausted all sick leave payments. Advanced disability pension payments shall not be considered a salary under this or any other provision of law. All advanced disability pension payments made by a local agency with membership in the Public Employees' Retirement System shall be reimbursed by the Public Employees' Retirement System pursuant to Section 21293.1 of the Government Code. SEC. 3. Section 1.3 of this bill incorporates amendments to Section 4850 of the Labor Code proposed by both this bill and AB 1124. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2001, (2) SB 2081 does not amend Section 4850 of the Labor Code, (3) each bill amends Section 4850 of the Labor Code, and (4) this bill is enacted after AB 1124, in which case Sections 1, 1.5, and 1.7 of this bill shall not become operative. SEC. 4. Section 1.5 of this bill incorporates amendments to Section 4850 of the Labor Code proposed by this bill and SB 2081. It shall become operative if (1) both bills are enacted and become effective on or before January 1, 2001, (2) AB 1124 does not amend Section 4850 of the Labor Code, (3) each bill amends Section 4850 of the Labor Code, and (4) this bill is enacted after SB 2081, in which case Sections 1, 1.3, and 1.7 of this bill shall not become operative. SEC. 5. Section 1.7 of this bill incorporates amendments to Section 4850 of the Labor Code proposed by this bill, AB 1124, and SB 2081. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2001, (2) each bill amends Section 4850 of the Labor Code, and (3) this bill is enacted after AB 1124 and SB 2081, in which case Sections 1, 1.3, and 1.5 of this bill shall not become operative.