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AB-283 County employees’ retirement: permanent incapacity.(2017-2018)

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Date Published: 03/23/2017 09:00 PM
AB283:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 283


Introduced by Assembly Member Cooper

February 02, 2017


An act to amend Section 31720 of the Government Code, relating to county employees’ retirement.


LEGISLATIVE COUNSEL'S DIGEST


AB 283, as amended, Cooper. County employees’ retirement: permanent incapacity.
The County Employees Retirement Law of 1937 provides that a member who is permanently incapacitated shall be retired for disability despite age if, among other conditions, the member’s incapacity is a result of injury or disease arising out of and in the course of the member’s employment, and that employment contributes substantially to that incapacity or the member has completed 5 years of service and not waived retirement in respect to the particular incapacity or aggravation thereof, as specified.
This bill would specify that any member who is classified as a peace officer, as defined, shall be retired for disability upon meeting the criteria of this provision, regardless of the member’s rank, position, or duty at the time of injury or at the time of application for permanent incapacity require, for purposes of determining permanent incapacity of certain members employed as peace officers, that those members be evaluated by the retirement system to determine if they can perform all of the usual and customary duties of a peace officer, as specified. The bill would apply to members who file applications for disability on or after the effective date of the act, except for cases on appeal at that time. The bill also would also make nonsubstantive changes to that provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 31720 of the Government Code is amended to read:

31720.
 (a) Any member permanently incapacitated for the performance of duty shall be retired for disability regardless of age if, and only if:
(1) The member’s incapacity is a result of injury or disease arising out of and in the course of the member’s employment, and that employment contributes substantially to that incapacity, or
(2) The member has completed five years of service, and
(3) The member has not waived retirement in respect to the particular incapacity or aggravation thereof as provided by Section 31009.

(b)Any member who is designated as a peace officer in Section 830 of the Penal Code, shall be retired for disability upon meeting the criteria set forth in subdivision (a) regardless of that member’s rank, position, or duty at the time of injury, or at the time of application for permanent incapacity.

(b) For any member who is employed in a position classified as a peace officer under Section 830 of the Penal Code, in determining permanent incapacity pursuant to subdivision (a), the member, based on the standards specified in Section 1031, shall be evaluated by the existing procedure established by the retirement system, to determine if that member can perform all of the usual and customary duties of a peace officer who is described under Section 830 of the Penal Code.
(c) The amendments to this section enacted during the 1979–80 Regular Session of the Legislature shall apply to all applicants for disability retirement on or after the effective date of those amendments.
(d) The amendments to this section enacted during the 2017–18 Regular Session of the Legislature shall apply to any member who files an application for disability retirement on or after the effective date of the amendments, except that the amendments shall not apply to an appeal brought before the effective date of these amendments.