4720-4728

LABOR CODE
SECTION 4720-4728




4720.  As used in this article:
   (a) "Elected public official" means any person other than the
President or Vice President of the United States who holds any
federal, state, local, or special district elective office as a
result of winning election in California to such office or being
appointed to fill a vacancy in such office.
   (b) "Assassination" means the killing of an elected public
official as a direct result of an intentional act perpetrated by an
individual or individuals acting to prevent, or retaliate for, the
performance of official duties, acting because of the public position
held by the official, or acting because of pathological reasons.




4721.  The surviving spouse or dependent minor children of an
elected public official who is killed by assassination shall be
entitled to a special death benefit which shall be in addition to any
other benefits provided for by this division or Division 4.5
(commencing with Section 6100).



4722.  If the deceased elected public official is survived by a
spouse with or without dependent minor children, such special death
benefit shall be payable to the surviving spouse. If the deceased
elected public official leaves no surviving spouse but one or more
dependent minor children, benefits shall be paid to a guardian ad
litem and trustee for such child or children appointed by the Workers'
Compensation Appeals Board. In the absence of a surviving spouse and
dependent minor children, the benefit shall be payable to any
legally recognized dependent parent of the deceased elected public
official.


4723.  The person or persons to whom the special death benefit is
payable pursuant to Section 4722 shall, within one year of the date
of death of the elected public official, choose either of the
following benefits:
   (a) An annual benefit equal to one-half of the average annual
salary paid to the elected public official in his or her elected
capacity, less credit for any other death benefit provided for under
existing law or by public funds, except benefits payable pursuant to
this division or Division 4.5 (commencing with Section 6100).
Payments shall be paid not less frequently than monthly, and shall be
paid from the date of death until the spouse dies or remarries, or
until the youngest minor dependent child reaches the age of 18 years,
whichever occurs last. If payments are being made to a dependent
parent or parents they shall continue during dependency.
   (b) A lump-sum benefit of one hundred fifty thousand dollars
($150,000), less any other death benefit provided for under existing
law or by public funds, except benefits payable pursuant to this
division or Division 4.5 (commencing with Section 6100).




4724.  The person or persons to whom the special death benefit is
payable pursuant to Section 4722 shall file a claim therefor with the
State Board of Control, which shall be processed pursuant to the
provisions of Chapter 3 (commencing with Section 900) of Part 2 of
Division 3.6 of Title 1 of the Government Code.



4725.  The State Compensation Insurance Fund shall be the disbursing
agent for payments made pursuant to this article and shall receive a
fee for its services to be negotiated by the State Board of Control.
Unless otherwise provided herein, payments shall be made in
accordance with the provisions of this division.



4726.  The State Board of Control and the Administrative Director of
the Division of Workers' Compensation shall jointly adopt rules and
regulations as may be necessary to carry out the provisions of this
article.


4727.  Any person who is convicted of any crime in connection with
the assassination of an elected public official shall not be eligible
for any benefits pursuant to this article.



4728.  (a) A dependent of an elected public official, who was
intentionally killed while holding office, in retaliation for, or to
prevent the performance of, an official duty, shall be entitled to a
scholarship at any institution described in subdivision (k) of
Section 69535 of the Education Code. The scholarship shall be in an
amount equal to the amount provided a student who has been awarded a
Cal Grant scholarship as specified in Article 3 (commencing with
Section 69530) of Chapter 2 of Part 42 of the Education Code.
Eligibility for a scholarship under this section shall be limited to
a person who demonstrates financial need as determined by the Student
Aid Commission pursuant to Article 1.5 (commencing with Section
69503) of Chapter 2 of Part 42 of the Education Code.
   (b) The scholarship provided for by this section shall be paid out
of funds annually appropriated in the Budget Act to the Student Aid
Commission established by Article 2 (commencing with Section 69510)
of Chapter 2 of Part 42 of the Education Code.
   (c) The receipt of a scholarship provided for by this section
shall not preclude a dependent from receiving a Cal Grant award
pursuant to Article 3 (commencing with Section 69530) of Chapter 2 of
Part 42 of the Education Code, any other grant, or any fee waivers
that may be provided by an institution of higher education. The
receipt of a Cal Grant award pursuant to Article 3 (commencing with
Section 69530) of Chapter 2 of Part 42 of the Education Code, any
other grant, or any fee waivers that may be provided by an
institution of higher education shall not preclude a dependent from
receiving a scholarship provided for by this section.
   (d) This section shall apply to a student receiving a scholarship
on the effective date of the section unless that application would
result in the student receiving a scholarship on less favorable terms
or in a lesser amount, in which case the student shall continue to
receive the scholarship on the same terms and conditions in effect
prior to the effective date of this section.
   (e) As used in this section, "dependent" means the children
(natural or adopted) or spouse, at the time of the death or injury,
of the elected public official.