BILL ANALYSIS �
Senate Committee on Labor and Industrial Relations
Ted W. Lieu, Chair
Date of Hearing: June 27, 2012 2011-2012 Regular
Session
Consultant: Alma Perez Fiscal:Yes
Urgency: No
Bill No: AB 2069
Author: Solorio
As Introduced/Amended: May 24, 2012
SUBJECT
Workers' compensation: peace officer benefits
KEY ISSUE
Should the children and spouses of a Sheriff's Special Officer
receive educational scholarships and health benefits should
he/she die or be totally disabled in the line of duty?
PURPOSE
To extend current scholarship and health benefits to the
dependents of Sheriff's Special Officers of the County of Orange
as is currently available to other peace officers.
ANALYSIS
Under existing law , a dependent of a peace officer, an officer
or employee of the Department of Corrections or the Department
of the Youth Authority, or a firefighter employed by a county,
city, city and county, district, or other political subdivision
of the state who is killed in the performance of duty or who
dies or is totally disabled as a result of an accident or an
injury incurred in the performance of duty, is entitled to a
scholarship at any qualifying institution, as specified. The
scholarship shall be in an amount equal to the amount provided a
student who has been awarded a Cal Grant scholarship, as
specified.
Existing law defines "dependent" as the children (natural or
adopted) or spouse, at the time of the death or injury, of the
peace officer, law enforcement officer, or firefighter. (Labor
Code�4709) Among other things, existing law provides that:
1. The scholarship provided is paid out of funds annually
appropriated in the Budget Act to the Student Aid
Commission for disbursement.
2. Receipt of this scholarship does not preclude a
dependent from receiving any other grant, or any fee
waivers that may be provided by an institution of higher
education.
3. Eligibility for a scholarship is limited to a person who
demonstrates financial need, as specified, except that for
purposes of determining financial need, the proceeds of
death benefits received, as specified, any private
scholarship or any interest received from these benefits is
not considered.
Under existing law, whenever any local employee who is a
firefighter, or specified peace officer, is killed in the
performance of his or her duty or dies as a result of an
accident or injury caused by external violence or physical force
incurred in the performance of his or her duty, the employer
shall continue providing health benefits to the deceased
employee's spouse under the same terms and conditions provided
prior to the death, or prior to the accident or injury that
caused the death. However, the surviving spouse may elect to
receive a lump-sum survivor's benefit in lieu of monthly
benefits. Minor dependents shall continue to receive benefits
under the coverage provided the surviving spouse or, if there is
no surviving spouse, until the age of 21 years. (Labor Code
�4856)
This Bill would extend these scholarship and health benefits to
dependents of Sheriff's Special Officers of the County of Orange
who are killed or totally disabled in the performance of duty.
COMMENTS
Hearing Date: June 27, 2012 AB 2069
Consultant: Alma Perez Page 2
Senate Committee on Labor and Industrial Relations
1. Background on Sheriff's Special Officers:
According to the Orange County Sheriff's Department website, a
Sheriff's Special Officer (SSO) is a law enforcement position
that provides opportunity for diverse assignments related to
public safety and security. Sheriff's Special Officers are
aviation security specialists at John Wayne Airport, provide
Police Services for the Orange county Transit Authority, work
as civil bailiffs in the County courthouses, monitor inmates
within Orange County's five correctional facilities, maintain
Sheriff's Evidence and Property and provide security at county
buildings and facilities.
Under existing Penal Code �830.33 and �830.36, the following
are classified as peace officers whose authority extends to
any place in the state:
Transit police officer or peace officers of a
county, city, transit development board, or district, if
the primary duty of the officer is the enforcement of the
law in or about properties owned, operated, or
administered by the employing agency.
Any person regularly employed as an airport law
enforcement officer by a city, county, or district
operating the airport or by a joint powers agency, if the
primary duty of the peace officer is the enforcement of
the law in or about properties owned, operated, and
administered by the employing agency.
Marshalls of the Supreme Court and bailiffs of the
courts of appeal, and coordinators of security for the
judicial branch, if the primary duty of the peace officer
is the enforcement of the law in or about properties
owned.
Court service officers in a county of the second
class and third class, if the primary duty of the peace
officer is the enforcement of the law in or about
properties owned, operated, or administered by the
Hearing Date: June 27, 2012 AB 2069
Consultant: Alma Perez Page 3
Senate Committee on Labor and Industrial Relations
employing agency.
Existing law provides educational scholarships to dependents
of specified peace officers if the peace officer is killed or
permanently disabled on duty. Existing law also requires the
employer of a peace officer who is killed on duty to continue
providing health benefits to the deceased employee's spouse
unless the spouse elects to receive a lump-sum benefit in lieu
of monthly benefits. Existing law requires that minor
dependents continue to receive the health benefits until the
age of 21 years.
2. Need for this bill?
According to the sponsors of this measure, the Orange County
Sheriff's Policy Manual defines SSOs as follows:
Sheriff Special Officers (SSO) - are assigned to the more
routine duties in County Jail Facilities, fixed posts and
patrol assignments at various county facilities, including
John Wayne Airport, County Justice Centers, County Jails
and County Properties and special district facilities. For
the purpose of this policy manual and when applicable, the
term "Deputy" will be synonymous with Sheriff Special
Officer (SSO).
It appears that although Sheriff's Special Officers perform
similar duties as other peace officers classified in Penal
Code (and are classified as deputies like other peace officers
in the county), they are not eligible for the scholarships and
health benefits available to their dependents should they die
or suffer total disability on the job. Because SSOs perform
various duties that don't necessary fall within the peace
officer positions defined in penal code, this bill would
ensure that these peace officer benefits are extended to
Sheriff's Special Officers who serve people of the County of
Orange.
3. Proponent Arguments :
According to proponents, Sheriff's Special Officers (SSOs) are
peace officers assigned to the more routine duties in county
Hearing Date: June 27, 2012 AB 2069
Consultant: Alma Perez Page 4
Senate Committee on Labor and Industrial Relations
jail facilities, and fixed posts and patrol assignments at
various county facilities, including John Wayne Airport,
county justice centers, county properties and special district
facilities. Currently, there are 320 SSOs in Orange County.
They argue that while SSOs do not have peace officer status;
the Sheriff's Department trains SSOs, classifies SSOs, and
utilizes SSOs as peace officers. They are expected to perform
the functions of peace officers under the cost savings guise
of a "security" classification. That classification means SSO
families would not be eligible for the same benefits as peace
officer families if their loved one is killed in the line of
duty.
Proponents argue that currently, the only recourse for a
spouse or beneficiary is to sue to acquire the benefits they
should be entitled to. According to the sponsor, the
responsibilities and training requirements for SSOs have
steadily increased over the years and they now must pass an
18-week POST course which teaches the same learning domains as
those required to become a deputy sheriff. The sponsors argue
that SSOs are simply trying to fix the inequities that exist
in the fact that they are trained, work and are defined as
peace officers but work without the protection of their
families receiving proper benefits should they die on the job.
This bill would correct this inequity that exists in the
case of death to a SSO by extending the same death benefits to
surviving SSOs families that the families of Orange County
peace officers receive.
4. Opponent Arguments :
None received.
SUPPORT
Orange County Employees Association - (Sponsor)
OPPOSITION
Hearing Date: June 27, 2012 AB 2069
Consultant: Alma Perez Page 5
Senate Committee on Labor and Industrial Relations
None received
Hearing Date: June 27, 2012 AB 2069
Consultant: Alma Perez Page 6
Senate Committee on Labor and Industrial Relations