BILL ANALYSIS
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: AB 1739
Lou Correa, Chair Hearing date: June 14, 2010
AB 1739 (Lieu) as introduced 2/08/10 FISCAL: NO
LOS ANGELES COUNTY: DEATH AND DISABILITY BENEFITS FOR
EMPLOYEES KILLED OR DISABLED ON ACTIVE MILITARY DUTY
HISTORY :
Sponsor: Los Angeles County Sheriff's Department
Prior Legislation: none
ASSEMBLY VOTES :
PER & SS 6-0 5/05/10
Assembly Floor 76-0 5/13/10
SUMMARY :
In the Los Angeles County Employees' Retirement Association
(LACERA), this bill would provide 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.
BACKGROUND AND ANALYSIS :
1) Existing law provides non service-related death and
disability benefits for LACERA members, with at least five
years of service, who become disabled or die while actively
employed.
2) This bill :
a) would extend 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.
b) would extend death benefits, including an ongoing
monthly allowance, to the survivors of LACERA members
who die as a result of injury or illness incurred while
Pamela Schneider
Date: 6/8/10 Page 1
on military leave and employed in active military duty.
c) provides these benefits regardless of the member's age
or length of county service.
c) defines active military duty as full time duty within
a branch of the armed forces by a reservist or member of
the National Guard.
d) 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.
e) 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 :
1) Argument in support
According to the author:
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
nonservice-connected disability, or combined death
benefit.
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
Pamela Schneider
Date: 6/8/10 Page 2
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 if one of these
heroes is injured or killed while in service to this
country. It is the right thing to do to extend these
disability and death benefit to our members.
2) SUPPORT :
Los Angeles County Sheriff's Department (Sponsor)
Association for Los Angeles Deputy Sheriffs (ALADS)
California Professional Firefighters (CPF)
Los Angeles Probation Officers' Union, AFSCME, Local 685
Orange County Employees Association (OCEA)
3) OPPOSITION :
None to date
#####
Pamela Schneider
Date: 6/8/10 Page 3