§ 21537. — 21537. (Amended by Stats. 2008, Ch. 74, Sec. 1.)

California § 21537.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 5.
• Title 2.: DIVISION 5. PERSONNEL
• Part 3.: PART 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM
• Ch. 14.: CHAPTER 14. Death Benefits
• Art. 2.: ARTICLE 2. Preretirement Death Benefits

Text

(a)
The special death benefit is payable if the deceased was a patrol, state peace officer/firefighter, state safety, state industrial, or local safety member, if his or her death was industrial and if there is a survivor who qualifies under subdivision (b) of Section 21541. The Workers’ Compensation Appeals Board, using the same procedures as in workers’ compensation hearings, shall in disputed cases determine whether the death of a member was industrial.
(b)
The jurisdiction of the Workers’ Compensation Appeals Board shall be limited solely to the issue of industrial causation, and this section shall not be construed to authorize the Workers’ Compensation Appeals Board to award costs against this system pursuant to Section 4600, 5811, or any other provision of the Labor Code.
(c)
This section does not apply to state safety members described in Section 20401.5 or local safety members described in Section 20423.6.
(d)
(1)
For purposes of this section, the special death benefit is payable as of the effective date of the industrial disability retirement of the member if the death of the member occurred from a single event injury arising out of and in the course of his or her official duties which, based on competent medical opinion, rendered the member into a persistent vegetative state devoid of cognitive function at the time of injury until the time of death.
(2)
This subdivision applies only to a member who retired and then died on or after July 3, 2006.

Legislative History

Amended by Stats. 2008, Ch. 74, Sec. 1. Effective January 1, 2009.