Today's Law As Amended

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AB-526 Military service: benefits.(2013-2014)



SECTION 1.

 Section 800 of the Military and Veterans Code is amended to read:

800.
 (a) (1)  Subject to subdivision (b), in addition to any other benefits provided by law and to the extent permitted by federal law, a reservist  any member of the United States Military Reserve or the National Guard of this state  who is called to active duty after the enactment of this chapter and before January 1, 2014, as a part of the Iraq and Afghanistan conflicts  may defer payments on any of the following obligations while serving on active duty:
(A) An obligation secured by a mortgage or deed of trust.
(B) Credit card as defined in Section 1747.02 of the Civil Code.
(C) Retail installment contract as defined in Section 1802.6 of the Civil Code.
(D) Retail installment account, installment account, or revolving account as defined in Section 1802.7 of the Civil Code.
(E) Up to two vehicle loans. For purposes of this chapter, “vehicle” means a vehicle as defined in Section 670 of the Vehicle Code.
(F) Any payment of property tax or any special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist’s primary place of residence on the date the reservist was ordered to active duty.
(2) Subject to subdivision (b), in addition to any other benefits provided by law and to the extent permitted by federal law, a reservist who is called to active duty on and after January 1, 2014, may defer payments on any of the following obligations while serving on active duty:
(1) (A)  An obligation secured by a mortgage or deed of trust.
(2) (B)  Credit card, card  as defined in Section 1747.02 of the Civil Code.
(3) (C)  Retail installment contract, contract  as defined in Section 1802.6 of the Civil Code.
(4) (D)  Retail installment account, installment account, or revolving account, account  as defined in Section 1802.7 of the Civil Code.
(5) (E)  Up to two vehicle loans. For purposes of this chapter, “vehicle” means a vehicle as defined in Section 670 of the Vehicle Code.
(6) (F)  A Any  payment of property tax or any special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist’s primary place of residence on the date the reservist was ordered to active duty.
(7) (G)  An Any  obligation owed to a utility company.
(8) A student loan.
(b) (1) In order for an obligation or liability of a reservist to be subject to the provisions of this chapter, the reservist or the reservist’s designee shall deliver to the obligor both of the following:
(A) A written request by or on behalf of the reservist for letter signed by the reservist, under penalty of perjury, requesting  a deferment of financial obligations. For purposes of this subparagraph, “written request” includes an electronic communication. 
(B) A copy of the reservist’s military orders. activation or deployment order and any other information that substantiates the duration of the service member’s military service. 
(2) If required by a financial institution, proof that the reservist’s employer does not provide continuing income to the reservist while the reservist is on active military duty, including the reservist’s military pay, of more than 90 percent of the reservist’s monthly salary and wage income earned before the call to active duty.
(c) Upon request of the reservist or the reservist’s dependent or designee and within five working days of that request, if applicable, the employer of a reservist shall furnish the letter or other comparable evidence showing that the employer’s compensation policy does not provide continuing income to the reservist, including the reservist’s military pay, of more than 90 percent of the reservist’s monthly salary and wage income earned before the call to active duty.
(d) The deferral period on financial obligations shall be the lesser of 180 days or the period of active duty plus 60 calendar days and shall apply only to those payments due subsequent to the notice provided to a lender as provided in subdivision (b). In addition, the total period of the deferment shall not exceed 180 days within a 365-day period.
(e) If a lender defers payments on a closed end credit obligation or an open-end credit obligation with a maturity date, pursuant to this chapter, the lender shall extend the term of the obligation by the amount of months the obligation was deferred.
(f) If a lender defers payments on an open-end credit obligation pursuant to this chapter, the lender may restrict the availability of additional credit with respect to that obligation during the term of the deferral.

SEC. 2.

 Section 803 of the Military and Veterans Code is amended to read:

803.
 The (a)   following definitions apply Before January 1, 2014,  for purposes of this chapter: chapter, “reservist” means a member of the United States Military Reserve or National Guard of this state called to active duty as a result of the Iraq conflict pursuant to the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243) or the Afghanistan conflict pursuant to Presidential Order No. 13239. 
(b) On and after January 1, 2014, for purposes of this chapter:
(a) (1)  “Reservist” means either of the following:
(1) (A)  A member of the militia, as defined in Section 120, called or ordered into state military service pursuant to Section 143 or 146  Section 146,  or federal law. in federal or state military service pursuant to Title 10 or Title 32 of the United States Code. 
(2) (B)  A member of a reserve component of the Armed Forces  reservist of the United States Military Reserve who has been ordered to full-time federal active duty by the President  of the United States, as defined by Section 101 of  States pursuant to  Title 10 of the United States Code, who is ordered to active duty pursuant to federal law. Code. 
(b) “Military orders” means, with respect to a service member, official military orders, or any notification, certification, or verification from the service member’s commanding officer, with respect to the service member’s current or future military duty status.
(c) (2)  “Military service” means either of the following:
(1) (A)  Full-time active state service or full-time active federal service of a service member who is a member of the militia, as described in paragraph (1) of subdivision (a). subparagraph (A) of paragraph (1). 
(2) (B)  Full-time active duty of a service member who is a reservist, as described in paragraph (2) of subdivision (a), subparagraph (B) of paragraph (1),  for a period of no less than  30 consecutive days.

SEC. 3.

 Section 809 of the Military and Veterans Code is repealed.

SEC. 4.

 Section 811 of the Military and Veterans Code is amended to read:

811.
 (a) The spouse or legal dependent, or both, of a reservist who is called to active duty, shall be entitled to the benefits accorded to a reservist under this chapter, provided that the reservist is eligible for the benefits.
(b) This chapter applies only to an obligation specified in this chapter that was incurred prior to the date that a reservist was called to his or her current period of  active duty.
SEC. 5.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.