BILL NUMBER: SB 996	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 26, 2012

INTRODUCED BY   Committee on Public Employment and Retirement
(Senators Negrete McLeod (Chair), Gaines, Padilla, Vargas, and
Walters)

                        FEBRUARY 6, 2012

   An act to amend Section  31552   31720.5
 of the Government Code, relating to the County Employees
Retirement Law of 1937.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 996, as amended, Committee on Public Employment and Retirement.
County Employees Retirement Law of  1937.  
1937: heart trouble presumption   .  
   The County Employees Retirement Law of 1937 prescribes the rights,
benefits, and duties of members of the retirement systems
established pursuant to its provisions. Existing law also provides
that if a safety member, a fireman member, or a member in active law
enforcement who has completed 5 years or more of service develops
heart trouble, that heart trouble shall be presumed to arise out of
and in the course of employment.  
   This bill would clarify that the existing presumption is
rebuttable, and would state findings and declarations and the intent
of the Legislature in this regard. The bill would make additional
nonsubstantive, technical changes.  
   The County Employees Retirement Law of 1937 authorizes counties
and districts, as defined, to provide a system of retirement benefits
to their employees. Existing law provides that all existing officers
and employees of the county become members of the retirement
association on the day the retirement system becomes operative, and
thereafter each person entering the county employ becomes a member on
the first day of the calendar month after the person's entrance into
the service, unless otherwise provided by regulations adopted by the
board.  
   This bill would make technical, nonsubstantive changes to those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) It is the intent of the Legislature
in enacting this measure amending Section 31720.5 of the Government
Code to restate existing law without substantive change, for purposes
of clarification.  
   (b) The Legislature finds and declares that Section 31720.5 of the
Government Code establishes a rebuttable presumption regarding heart
trouble, and in addition, that the presumption was held to be
rebuttable by the Fifth District Court of Appeals in Pellerin v. Kern
County Employees' Retirement Association (2006) 145 Cal.App.4th
1099.
   SEC. 2.    Section 31720.5 of the   
 Government Code   is amended to read: 
   31720.5.   (a)    If a safety member, a fireman
member, or a member in active law enforcement who has completed five
years or more of service under a pension system established pursuant
to Chapter 4 (commencing with Section 31900) or under a pension
system established pursuant to Chapter 5 (commencing with Section
32200) or both or under this retirement system or under the State
Employees' Retirement System or under a retirement system established
under this chapter in another county, and develops heart trouble,
 such   that  heart trouble  so
 developing or manifesting itself in  such 
 those  cases shall be presumed to arise out of and in the
course of employment.  Such   That  heart
trouble  so  developing or manifesting itself in
 such   those  cases shall in no case be
attributed to any disease existing prior to such development or
manifestation. 
   (b) The presumption described in subdivision (a) is rebuttable by
other evidence. Unless so rebutted, the board is bound to find in
accordance with the presumption.  
    As 
    (c)     As  used in this section,
"fireman member" includes a member engaged in active fire suppression
who is not classified as a safety member. 
    As 
    (d)     As  used in this section,
"member in active law enforcement" includes a member engaged in
active law enforcement who is not classified as a safety member.

  SECTION 1.    Section 31552 of the Government Code
is amended to read:
   31552.  All existing officers and employees of the county become
members of the association on the day the retirement system becomes
operative, and thereafter each person entering the county employ
becomes a member on the first day of the calendar month after his or
her entrance into the service, unless otherwise provided by
regulations adopted by the board. Those regulations may provide for
waiver of membership by the prospective employee in the case of newly
hired employees who have attained the age of 60. In all cases where
there is such a waiver, said employee upon attaining the age of 70
shall thereafter be employed from year to year at the discretion of
the county.