BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 586|
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                                 THIRD READING


          Bill No:  AB 586
          Author:   Ma (D), et al
          Amended:  3/23/10 in Senate
          Vote:     27 - Urgency

           
           SENATE LAB. & INDUSTRIAL RELATIONS COMMITTEE  :  6-0, 5/3/10
          AYES:  DeSaulnier, Wyland, Ducheny, Hollingsworth, Leno,  
            Yee

           ASSEMBLY FLOOR  :  Not relevant


           SUBJECT  :    Workers compensation: employees of the City and  
          County 
                      of San Francisco:  leaves of absence

            SOURCE  :     City and County of San Francisco 
                       Peace Officers Research Association of  
                      California


           DIGEST  :    This bill corrects an inadvertent drafting error  
          that excluded San Francisco deputy sheriffs, probation  
          officers, institutional police, and certain members of the  
          District Attorney's office from receiving workers'  
          compensation benefits for work-related injuries or  
          illnesses.

           ANALYSIS  :    Existing law establishes a comprehensive  
          system of workers' compensation that provides a range of  
          benefits for employees who are injured on the job.  These  
          benefits include temporary disability payments, which are  
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          designed to be wage replacement payments for the period the  
          injured employee is temporarily unable to work due to the  
          on-the-job injury.  Temporary disability benefits are  
          intended to replace two-thirds of the employee's regular  
          wages, subject to a maximum cap.

          Existing law provides that certain public employees  
          employed on a regular, full-time basis, regardless of their  
          period of service, who incur on the job injury or illness,  
          are entitled to receive disability payment for up to one  
          year or earlier if the employee retired on permanent  
          disability, and is actually receiving disability pension  
          payment.

          Existing law lists the following safety officers as being  
          eligible for benefits:  
          city police officers; county sheriffs and sheriffs'  
          deputies; city, county or district firefighters; district  
          attorney investigators; probation officers; certain special  
          district police officers; certain lifeguards; certain  
          airport law enforcement officers; certain harbor security  
          personnel; and police officers of the Los Angeles Unified  
          School District.

          Existing law denies eligibility to persons who work in  
          safety-related offices who are classified as clerks,  
          stenographers, telephone operators, machinists, and  
          mechanics.

          Existing law specifies certain public employees to whom the  
          above-described provisions do not apply, including certain  
          employees of the City and County of San Francisco.  

          This bill corrects an inadvertent drafting error that  
          excluded San Francisco deputy sheriffs, probation officers,  
          institutional police, and certain members of the District  
          Attorney's office from receiving workers' compensation  
          benefits for work-related injuries or illnesses.

           Prior Legislation  

          AB 1227 (Feuer), Chapter 389, Statutes of 2009, this bill,  
          relating to workers' compensation, removes the restriction  
          on "one-year leave of absence with full salary (4850 time)"  







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          that provides that only specified safety employees who are  
          members of certain pension plans are eligible.  Passed the  
          Senate Floor  with a vote of 26-8, 9/9/09.

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

           SUPPORT  :   (Verified  5/3/10)

          City and County of San Francisco (co-source)
          Peace Officers Research Association of California  
          (co-source)
          California Applicants' Attorneys Association 


           ARGUMENTS IN SUPPORT  :    A drafting error in prior  
          legislation inadvertently caused some San Francisco peace  
          officers that were already covered by Labor Code Section  
          4850 leave time to lose the benefit.  The proponents note  
          that 4850 "time" is a critical tool for officers injured in  
          the line of duty, and that this accidental exclusion  
          unfairly deprives the hard-working safety officers of the  
          City and County of San Francisco the necessary leave to  
          heal from occupational injuries.


          PQ:do  5/4/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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