CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 447Introduced by Senator UmbergFebruary 18, 2025 An act to amend Section 4856 of the Labor Code, relating to workers compensation. LEGISLATIVE COUNSEL'S DIGESTSB 447, as introduced, Umberg. Workers compensation: death benefits.Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Under existing law, when a local employee who is a firefighter or peace officer, as specified, and that employee is killed or dies as a result of an accident or injury caused by external violence of physical force incurred in the performance of their duty, the employer is required to continue providing health benefits to the deceased employees minor dependents under the benefits extended to the surviving spouse, or if there is no surviving spouse, until the minor dependent is 21 years of age.This bill would increase that age to 26 years of age.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4856 of the Labor Code is amended to read:4856. (a) Whenever any local employee who is a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a Sheriffs Special Officer of the County of Orange, is killed in the performance of his or her their duty or dies as a result of an accident or injury caused by external violence or physical force incurred in the performance of his or her their duty, the employer shall continue providing health benefits to the deceased employees spouse under the same terms and conditions provided prior to the death, or prior to the accident or injury that caused the death, of the employee unless the surviving spouse elects to receive a lump-sum survivors benefit in lieu of monthly benefits. Minor dependents shall continue to receive benefits under the coverage provided the surviving spouse or, if there is no surviving spouse, until the age of 21 years. 26 years of age. However, pursuant to Section 22822 of the Government Code, the surviving spouse may not add the new spouse or stepchildren as family members under the continued health benefits coverage of the surviving spouse.(b) Subdivision (a) also applies to the employer of any local employee who is a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who was killed in the performance of his or her their duty or who died as a result of an accident or injury caused by external violence or physical force incurred in the performance of his or her their duty prior to September 30, 1996.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 447Introduced by Senator UmbergFebruary 18, 2025 An act to amend Section 4856 of the Labor Code, relating to workers compensation. LEGISLATIVE COUNSEL'S DIGESTSB 447, as introduced, Umberg. Workers compensation: death benefits.Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Under existing law, when a local employee who is a firefighter or peace officer, as specified, and that employee is killed or dies as a result of an accident or injury caused by external violence of physical force incurred in the performance of their duty, the employer is required to continue providing health benefits to the deceased employees minor dependents under the benefits extended to the surviving spouse, or if there is no surviving spouse, until the minor dependent is 21 years of age.This bill would increase that age to 26 years of age.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 447
Introduced by Senator UmbergFebruary 18, 2025
Introduced by Senator Umberg
February 18, 2025
An act to amend Section 4856 of the Labor Code, relating to workers compensation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 447, as introduced, Umberg. Workers compensation: death benefits.
Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Under existing law, when a local employee who is a firefighter or peace officer, as specified, and that employee is killed or dies as a result of an accident or injury caused by external violence of physical force incurred in the performance of their duty, the employer is required to continue providing health benefits to the deceased employees minor dependents under the benefits extended to the surviving spouse, or if there is no surviving spouse, until the minor dependent is 21 years of age.This bill would increase that age to 26 years of age.
Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Under existing law, when a local employee who is a firefighter or peace officer, as specified, and that employee is killed or dies as a result of an accident or injury caused by external violence of physical force incurred in the performance of their duty, the employer is required to continue providing health benefits to the deceased employees minor dependents under the benefits extended to the surviving spouse, or if there is no surviving spouse, until the minor dependent is 21 years of age.
This bill would increase that age to 26 years of age.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4856 of the Labor Code is amended to read:4856. (a) Whenever any local employee who is a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a Sheriffs Special Officer of the County of Orange, is killed in the performance of his or her their duty or dies as a result of an accident or injury caused by external violence or physical force incurred in the performance of his or her their duty, the employer shall continue providing health benefits to the deceased employees spouse under the same terms and conditions provided prior to the death, or prior to the accident or injury that caused the death, of the employee unless the surviving spouse elects to receive a lump-sum survivors benefit in lieu of monthly benefits. Minor dependents shall continue to receive benefits under the coverage provided the surviving spouse or, if there is no surviving spouse, until the age of 21 years. 26 years of age. However, pursuant to Section 22822 of the Government Code, the surviving spouse may not add the new spouse or stepchildren as family members under the continued health benefits coverage of the surviving spouse.(b) Subdivision (a) also applies to the employer of any local employee who is a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who was killed in the performance of his or her their duty or who died as a result of an accident or injury caused by external violence or physical force incurred in the performance of his or her their duty prior to September 30, 1996.
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 4856 of the Labor Code is amended to read:4856. (a) Whenever any local employee who is a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a Sheriffs Special Officer of the County of Orange, is killed in the performance of his or her their duty or dies as a result of an accident or injury caused by external violence or physical force incurred in the performance of his or her their duty, the employer shall continue providing health benefits to the deceased employees spouse under the same terms and conditions provided prior to the death, or prior to the accident or injury that caused the death, of the employee unless the surviving spouse elects to receive a lump-sum survivors benefit in lieu of monthly benefits. Minor dependents shall continue to receive benefits under the coverage provided the surviving spouse or, if there is no surviving spouse, until the age of 21 years. 26 years of age. However, pursuant to Section 22822 of the Government Code, the surviving spouse may not add the new spouse or stepchildren as family members under the continued health benefits coverage of the surviving spouse.(b) Subdivision (a) also applies to the employer of any local employee who is a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who was killed in the performance of his or her their duty or who died as a result of an accident or injury caused by external violence or physical force incurred in the performance of his or her their duty prior to September 30, 1996.
SECTION 1. Section 4856 of the Labor Code is amended to read:
### SECTION 1.
4856. (a) Whenever any local employee who is a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a Sheriffs Special Officer of the County of Orange, is killed in the performance of his or her their duty or dies as a result of an accident or injury caused by external violence or physical force incurred in the performance of his or her their duty, the employer shall continue providing health benefits to the deceased employees spouse under the same terms and conditions provided prior to the death, or prior to the accident or injury that caused the death, of the employee unless the surviving spouse elects to receive a lump-sum survivors benefit in lieu of monthly benefits. Minor dependents shall continue to receive benefits under the coverage provided the surviving spouse or, if there is no surviving spouse, until the age of 21 years. 26 years of age. However, pursuant to Section 22822 of the Government Code, the surviving spouse may not add the new spouse or stepchildren as family members under the continued health benefits coverage of the surviving spouse.(b) Subdivision (a) also applies to the employer of any local employee who is a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who was killed in the performance of his or her their duty or who died as a result of an accident or injury caused by external violence or physical force incurred in the performance of his or her their duty prior to September 30, 1996.
4856. (a) Whenever any local employee who is a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a Sheriffs Special Officer of the County of Orange, is killed in the performance of his or her their duty or dies as a result of an accident or injury caused by external violence or physical force incurred in the performance of his or her their duty, the employer shall continue providing health benefits to the deceased employees spouse under the same terms and conditions provided prior to the death, or prior to the accident or injury that caused the death, of the employee unless the surviving spouse elects to receive a lump-sum survivors benefit in lieu of monthly benefits. Minor dependents shall continue to receive benefits under the coverage provided the surviving spouse or, if there is no surviving spouse, until the age of 21 years. 26 years of age. However, pursuant to Section 22822 of the Government Code, the surviving spouse may not add the new spouse or stepchildren as family members under the continued health benefits coverage of the surviving spouse.(b) Subdivision (a) also applies to the employer of any local employee who is a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who was killed in the performance of his or her their duty or who died as a result of an accident or injury caused by external violence or physical force incurred in the performance of his or her their duty prior to September 30, 1996.
4856. (a) Whenever any local employee who is a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a Sheriffs Special Officer of the County of Orange, is killed in the performance of his or her their duty or dies as a result of an accident or injury caused by external violence or physical force incurred in the performance of his or her their duty, the employer shall continue providing health benefits to the deceased employees spouse under the same terms and conditions provided prior to the death, or prior to the accident or injury that caused the death, of the employee unless the surviving spouse elects to receive a lump-sum survivors benefit in lieu of monthly benefits. Minor dependents shall continue to receive benefits under the coverage provided the surviving spouse or, if there is no surviving spouse, until the age of 21 years. 26 years of age. However, pursuant to Section 22822 of the Government Code, the surviving spouse may not add the new spouse or stepchildren as family members under the continued health benefits coverage of the surviving spouse.(b) Subdivision (a) also applies to the employer of any local employee who is a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who was killed in the performance of his or her their duty or who died as a result of an accident or injury caused by external violence or physical force incurred in the performance of his or her their duty prior to September 30, 1996.
4856. (a) Whenever any local employee who is a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a Sheriffs Special Officer of the County of Orange, is killed in the performance of his or her their duty or dies as a result of an accident or injury caused by external violence or physical force incurred in the performance of his or her their duty, the employer shall continue providing health benefits to the deceased employees spouse under the same terms and conditions provided prior to the death, or prior to the accident or injury that caused the death, of the employee unless the surviving spouse elects to receive a lump-sum survivors benefit in lieu of monthly benefits. Minor dependents shall continue to receive benefits under the coverage provided the surviving spouse or, if there is no surviving spouse, until the age of 21 years. 26 years of age. However, pursuant to Section 22822 of the Government Code, the surviving spouse may not add the new spouse or stepchildren as family members under the continued health benefits coverage of the surviving spouse.
(b) Subdivision (a) also applies to the employer of any local employee who is a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who was killed in the performance of his or her their duty or who died as a result of an accident or injury caused by external violence or physical force incurred in the performance of his or her their duty prior to September 30, 1996.