BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1739|
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THIRD READING
Bill No: AB 1739
Author: Lieu (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC EMP. & RET. COMMITTEE : 6-0, 6/14/10
AYES: Correa, Ashburn, Corbett, Ducheny, Hollingsworth,
Liu
ASSEMBLY FLOOR : 76-0, 5/13/10 - See last page for vote
SUBJECT : County employees retirement: disability:
military leave
SOURCE : Los Angeles County Sheriffs Department
DIGEST : This bill provides, in the Los Angeles County
Employees Retirement Association, 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.
ANALYSIS : Existing law provides non service-related
death and disability benefits for Los Angeles County
Employees Retirement Association (LACERA) members, with at
least five years of service, who become disabled or die
while actively employed.
This bill:
CONTINUED
AB 1739
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2
1.Extends 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.
2.Extends death benefits, including an ongoing monthly
allowance, to the survivors of LACERA members who die as
a result of injury or illness incurred while on military
leave and employed in active military duty.
3.Provides these benefits regardless of the member's age or
length of county service.
4.Defines active military duty within a branch of the armed
forces by a reservist or member of the National Guard.
5.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.
6.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
According to the author's office, "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
non service-connected disability, or combined death
benefit."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/16/10)
AB 1739
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3
Los Angeles County Sheriff's Department (source)
Association for Los Angeles Deputy Sheriffs
California Professional Firefighters
Los Angeles Probation Officers' Union, AFSCME, Local 685
Orange County Employees Association
ARGUMENTS IN SUPPORT : 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 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 of one of these heroes is injured or killed while
serving this country. It is the right thing to do to
extend these disability and death benefit to our members.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Smyth, Solorio, Audra Strickland,
Swanson, Torlakson, Torres, Torrico, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Caballero, Norby, Skinner, Vacancy
CPM:cm 6/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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