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AB-2008 Workers’ compensation: death benefits.(2001-2002)



Current Version: 08/28/02 - Chaptered

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AB2008:v96#DOCUMENT

Assembly Bill No. 2008
CHAPTER 296

An act to amend Section 4703.6 of the Labor Code, relating to workers’ compensation, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  August 28, 2002. Approved by Governor  August 28, 2002. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2008, Correa. Workers’ compensation: death benefits.
Existing law provides for the payment of death benefits to the dependents of an injured employee who has died. Existing law provides that in the case of totally dependent children, the death benefits are payable until the youngest child attains the age of 18 years. Existing law also provides for the payment of those death benefits in the case of a totally dependent child of a local safety member or a patrol member, as defined, if the member was killed in the line of duty before January 1, 1990, and the child is otherwise entitled to the benefits.
This bill would extend those death benefits to the totally dependent child of a specified safety member or a safety member subject to any public retirement system, and to a defined patrol member. The bill would also provide that the payment of death benefits would apply retroactively.
This bill would declare that it is to take effect immediately as an urgency statute.

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


SECTION 1.

 Section 4703.6 of the Labor Code is amended to read:

4703.6.
 The provisions of Section 4703.5 shall also apply to a totally dependent minor child of a local safety member as defined in Article 4 (commencing with Section 20420) of Chapter 4 of Part 3 of Division 5 of Title 2 of the Government Code, or a safety member as defined in Section 31469.3 of the Government Code, other than a member performing duties related to juvenile hall group counseling and group supervision, or a safety member subject to any public retirement system, or a patrol member as defined in Section 20390 of the Government Code, if that member was killed in the line of duty prior to January 1, 1990, and the totally dependent minor child is otherwise entitled to benefits under Section 4703.5.

SEC. 2.

 The provisions of this act shall apply retroactively to January 1, 2002.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide death benefits to the dependent minor children of certain local safety members and patrol members as soon as possible, it is necessary that this act take effect immediately.