California 2017 2017-2018 Regular Session

California Assembly Bill AB283 Introduced / Bill

Filed 02/02/2017

                    CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 283Introduced by Assembly Member CooperFebruary 02, 2017 An act to amend Section 31720 of the Government Code, relating to county employees retirement. LEGISLATIVE COUNSEL'S DIGESTAB 283, as introduced, 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 members incapacity is a result of injury or disease arising out of and in the course of the members 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 members rank, position, or duty at the time of injury or at the time of application for permanent incapacity. The bill would also make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe 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:(a)(1) The members incapacity is a result of injury or disease arising out of and in the course of the members employment, and such that employment contributes substantially to such that incapacity, or(b)(2) The member has completed five years of service, and(c)(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 members rank, position, or duty at the time of injury, or at the time of application for permanent incapacity.(c) The amendments to this section enacted during the 197980 Regular Session of the Legislature shall be applicable apply to all applicants for disability retirement on or after the effective date of such those amendments.

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 283Introduced by Assembly Member CooperFebruary 02, 2017 An act to amend Section 31720 of the Government Code, relating to county employees retirement. LEGISLATIVE COUNSEL'S DIGESTAB 283, as introduced, 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 members incapacity is a result of injury or disease arising out of and in the course of the members 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 members rank, position, or duty at the time of injury or at the time of application for permanent incapacity. The bill would also make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 283

Introduced by Assembly Member CooperFebruary 02, 2017

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

## LEGISLATIVE COUNSEL'S DIGEST

AB 283, as introduced, 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 members incapacity is a result of injury or disease arising out of and in the course of the members 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 members rank, position, or duty at the time of injury or at the time of application for permanent incapacity. The bill would also make nonsubstantive changes to that provision.

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 members incapacity is a result of injury or disease arising out of and in the course of the members 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 members rank, position, or duty at the time of injury or at the time of application for permanent incapacity. The bill would also make nonsubstantive changes to that provision.

## Digest Key

## Bill Text

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:(a)(1) The members incapacity is a result of injury or disease arising out of and in the course of the members employment, and such that employment contributes substantially to such that incapacity, or(b)(2) The member has completed five years of service, and(c)(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 members rank, position, or duty at the time of injury, or at the time of application for permanent incapacity.(c) The amendments to this section enacted during the 197980 Regular Session of the Legislature shall be applicable apply to all applicants for disability retirement on or after the effective date of such those amendments.

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

## 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:(a)(1) The members incapacity is a result of injury or disease arising out of and in the course of the members employment, and such that employment contributes substantially to such that incapacity, or(b)(2) The member has completed five years of service, and(c)(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 members rank, position, or duty at the time of injury, or at the time of application for permanent incapacity.(c) The amendments to this section enacted during the 197980 Regular Session of the Legislature shall be applicable apply to all applicants for disability retirement on or after the effective date of such those amendments.

SECTION 1. Section 31720 of the Government Code is amended to read:

### SECTION 1.

31720. (a) Any member permanently incapacitated for the performance of duty shall be retired for disability regardless of age if, and only if:(a)(1) The members incapacity is a result of injury or disease arising out of and in the course of the members employment, and such that employment contributes substantially to such that incapacity, or(b)(2) The member has completed five years of service, and(c)(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 members rank, position, or duty at the time of injury, or at the time of application for permanent incapacity.(c) The amendments to this section enacted during the 197980 Regular Session of the Legislature shall be applicable apply to all applicants for disability retirement on or after the effective date of such those amendments.

31720. (a) Any member permanently incapacitated for the performance of duty shall be retired for disability regardless of age if, and only if:(a)(1) The members incapacity is a result of injury or disease arising out of and in the course of the members employment, and such that employment contributes substantially to such that incapacity, or(b)(2) The member has completed five years of service, and(c)(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 members rank, position, or duty at the time of injury, or at the time of application for permanent incapacity.(c) The amendments to this section enacted during the 197980 Regular Session of the Legislature shall be applicable apply to all applicants for disability retirement on or after the effective date of such those amendments.

31720. (a) Any member permanently incapacitated for the performance of duty shall be retired for disability regardless of age if, and only if:(a)(1) The members incapacity is a result of injury or disease arising out of and in the course of the members employment, and such that employment contributes substantially to such that incapacity, or(b)(2) The member has completed five years of service, and(c)(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 members rank, position, or duty at the time of injury, or at the time of application for permanent incapacity.(c) The amendments to this section enacted during the 197980 Regular Session of the Legislature shall be applicable apply to all applicants for disability retirement on or after the effective date of such those amendments.



31720. (a) Any member permanently incapacitated for the performance of duty shall be retired for disability regardless of age if, and only if:

(a)



(1) The members incapacity is a result of injury or disease arising out of and in the course of the members employment, and such that employment contributes substantially to such that incapacity, or

(b)



(2) The member has completed five years of service, and

(c)



(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 members rank, position, or duty at the time of injury, or at the time of application for permanent incapacity.

(c) The amendments to this section enacted during the 197980 Regular Session of the Legislature shall be applicable apply to all applicants for disability retirement on or after the effective date of such those amendments.