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AB-664 County employees’ retirement: permanent incapacity. (2019-2020)

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Date Published: 03/13/2019 09:00 PM
AB664:v98#DOCUMENT

Amended  IN  Assembly  March 13, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 664


Introduced by Assembly Member Cooper

February 15, 2019


An act to amend Section 31720 of add and repeal Section 31720.2 of the Government Code, relating to county employees’ retirement.


LEGISLATIVE COUNSEL'S DIGEST


AB 664, 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 require, for purposes of determining permanent incapacity of certain members employed as peace officers, officers in the County of Sacramento, 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 make nonsubstantive changes to that provision. would require the board of retirement to develop a method of tracking the costs of providing permanent disability retirement to the members who become eligible for disability retirement pursuant to the bill’s provisions. The bill would repeal these provisions on December 31, 2024.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 31720.2 is added to the Government Code, to read:

31720.2.
 (a) Notwithstanding subdivision (b) of Section 31720, in determining permanent incapacity for a member who is employed in a position classified as a peace officer under Section 830 of the Penal Code, 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.
(b) This section shall apply to a member who files an application for disability retirement on or after the effective date of this section, and shall not apply to an appeal brought before that date.
(c) This section shall only apply in the County of Sacramento.
(d) The board shall develop a method of tracking the costs of providing permanent disability retirement to the members who become eligible for disability retirement under this section.
(e) This section shall remain in effect only until December 31, 2024, and as of that date is repealed.

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)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 2019-20 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.