Bill Text: CA SB996 | 2011-2012 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: County Employees Retirement Law of 1937: heart trouble

Spectrum: Bipartisan Bill

Status: (Passed) 2012-09-29 - Chaptered by Secretary of State. Chapter 792, Statutes of 2012. [SB996 Detail]

Download: California-2011-SB996-Enrolled.html

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BILL NUMBER: SB 996	ENROLLED
	BILL TEXT

	PASSED THE SENATE  APRIL 16, 2012
	PASSED THE ASSEMBLY  AUGUST 22, 2012
	AMENDED IN SENATE  MARCH 26, 2012

INTRODUCED BY   Committee on Public Employment and Retirement
(Senators Negrete McLeod (Chair), Gaines, Padilla, Vargas, and
Walters)

                        FEBRUARY 6, 2012

   An act to amend Section 31720.5 of the Government Code, relating
to the County Employees Retirement Law of 1937.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 996, Committee on Public Employment and Retirement. County
Employees Retirement Law of 1937: heart trouble presumption.
   The County Employees Retirement Law of 1937 prescribes the rights,
benefits, and duties of members of the retirement systems
established pursuant to its provisions. Existing law also provides
that if a safety member, a fireman member, or a member in active law
enforcement who has completed 5 years or more of service develops
heart trouble, that heart trouble shall be presumed to arise out of
and in the course of employment.
   This bill would clarify that the existing presumption is
rebuttable, and would state findings and declarations and the intent
of the Legislature in this regard. The bill would make additional
nonsubstantive, technical changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) It is the intent of the Legislature in enacting
this measure amending Section 31720.5 of the Government Code to
restate existing law without substantive change, for purposes of
clarification.
   (b) The Legislature finds and declares that Section 31720.5 of the
Government Code establishes a rebuttable presumption regarding heart
trouble, and in addition, that the presumption was held to be
rebuttable by the Fifth District Court of Appeals in Pellerin v. Kern
County Employees' Retirement Association (2006) 145 Cal.App.4th
1099.
  SEC. 2.  Section 31720.5 of the Government Code is amended to read:

   31720.5.  (a) If a safety member, a fireman member, or a member in
active law enforcement who has completed five years or more of
service under a pension system established pursuant to Chapter 4
(commencing with Section 31900) or under a pension system established
pursuant to Chapter 5 (commencing with Section 32200) or both or
under this retirement system or under the State Employees' Retirement
System or under a retirement system established under this chapter
in another county, and develops heart trouble, that heart trouble
developing or manifesting itself in those cases shall be presumed to
arise out of and in the course of employment. That heart trouble
developing or manifesting itself in those cases shall in no case be
attributed to any disease existing prior to such development or
manifestation.
   (b) The presumption described in subdivision (a) is rebuttable by
other evidence. Unless so rebutted, the board is bound to find in
accordance with the presumption.
   (c) As used in this section, "fireman member" includes a member
engaged in active fire suppression who is not classified as a safety
member.
   (d) As used in this section, "member in active law enforcement"
includes a member engaged in active law enforcement who is not
classified as a safety member.