4850-4856

LABOR CODE
SECTION 4850-4856




4850.  (a) Whenever any person listed in subdivision (b), who is
employed on a regular, full-time basis, and is disabled, whether
temporarily or permanently, by injury or illness arising out of and
in the course of his or her duties, he or she shall become entitled,
regardless of his or her period of service with the city, county, or
district, to a leave of absence while so disabled without loss of
salary in lieu of temporary disability payments or maintenance
allowance payments under Section 139.5, if any, that would be payable
under this chapter, for the period of the disability, but not
exceeding one year, or until that earlier date as he or she is
retired on permanent disability pension, and is actually receiving
disability pension payments, or advanced disability pension payments
pursuant to Section 4850.3.
   (b) The persons eligible under subdivision (a) include all of the
following:
   (1) City police officers.
   (2) City, county, or district firefighters.
   (3) Sheriffs.
   (4) Officers or employees of any sheriff's offices.
   (5) Inspectors, investigators, detectives, or personnel with
comparable titles in any district attorney's office.
   (6) County probation officers, group counselors, or juvenile
services officers.
   (7) Officers or employees of a probation office.
   (8) Peace officers under Section 830.31 of the Penal Code employed
on a regular, full-time basis by a county of the first class.
   (9) Lifeguards employed year round on a regular, full-time basis
by a county of the first class.
   (10) Airport law enforcement officers under subdivision (d) of
Section 830.33 of the Penal Code.
   (11) Harbor or port police officers, wardens, or special officers
of a harbor or port district or city or county harbor department
under subdivision (a) of Section 830.1 or subdivision (b) of Section
830.33 of the Penal Code.
   (12) Police officers of the Los Angeles Unified School District.
   (c) This section shall apply only to persons listed in subdivision
(b) who meet the requirements of subdivision (a), and shall not
include any of the following:
   (1) Employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.
   (2) Employees of a county sheriff's office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (3) Employees of a county probation office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (4) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise, and
whose functions do not clearly fall within the scope of active
firefighting and prevention service.
   (d) If the employer is insured, the payments that, except for this
section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (e) No leave of absence taken pursuant to this section by a peace
officer, as defined by Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, or by a city, county, or
district firefighter, shall be deemed to constitute family care and
medical leave, as defined in Section 12945.2 of the Government Code,
or to reduce the time authorized for family care and medical leave by
Section 12945.2 of the Government Code.
   (f) This section shall not apply to any persons described in
paragraph (1) or (2) of subdivision (b) who are employees of the City
and County of San Francisco.
   (g) Amendments to subdivision (f) made by the act adding this
subdivision shall be applied retroactively to January 1, 2010.




4850.3.  A city, county, special district, or harbor district that
is a member of the Public Employees' Retirement System, is subject to
the County Employees Retirement Law of 1937, or is subject to the
Los Angeles City Employees' Retirement System, may make advanced
disability pension payments to any local safety officer who has
qualified for benefits under Section 4850 and is approved for a
disability allowance. The payments shall be no less than 50 percent
of the estimated highest average annual compensation earnable by the
local safety officer during the three consecutive years of employment
immediately preceding the effective date of his or her disability
retirement, unless the local safety officer chooses an optional
settlement in the permanent disability retirement application process
which would reduce the pension allowance below 50 percent. In the
case where the local safety officer's choice lowers the disability
pension allowance below 50 percent of average annual compensation as
calculated, the advanced pension payments shall be set at an amount
equal to the disability pension allowance. If a local agency has an
adopted policy of paying for any accumulated sick leave after the
safety officer is eligible for a disability allowance, the advanced
disability pension payments under this section may only be made when
the local safety officer has exhausted all sick leave payments.
Advanced disability pension payments shall not be considered a salary
under this or any other provision of law. All advanced disability
pension payments made by a local agency with membership in the Public
Employees' Retirement System shall be reimbursed by the Public
Employees' Retirement System pursuant to Section 21293.1 of the
Government Code.


4850.4.  (a) A city, county, special district, or harbor district
that is a member of the Public Employees' Retirement System, is
subject to the County Employees Retirement Law of 1937, or is subject
to the Los Angeles City Employees' Retirement Systems, shall make
advanced disability pension payments in accordance with Section
4850.3 unless any of the following is applicable:
   (1) After an examination of the employee by a physician, the
physician determines that there is no discernable injury to, or
illness of, the employee.
   (2) The employee was incontrovertibly outside the course of his or
her employment duties when the injury occurred.
   (3) There is proof of fraud associated with the filing of the
employee's claim.
   (b) Any employer described in subdivision (a) who is required to
make advanced disability pension payments, shall make the payments
commencing no later than 30 days from the date of issuance of the
last disbursed of the following:
   (1) The employee's last regular payment of wages or salary.
   (2) The employee's last payment of benefits under Section 4850.
   (3) The employee's last payment for sick leave.
   (c) The advanced disability payments shall continue until the
claimant is approved or disapproved for a disability allowance
pursuant to final adjudication as provided by law.
   (d) An employer described in subdivision (a) shall be required to
make advanced disability pension payments only if the employee does
all of the following:
   (1) Files an application for disability retirement at least 60
days prior to the payment of benefits pursuant to subdivision (a).
   (2) Fully cooperates in providing the employer with medical
information and in attending all statutorily required medical
examinations and evaluations set by the employer.
   (3) Fully cooperates with the evaluation process established by
the retirement plan.
   (e) The 30-day period for the commencement of payments pursuant to
subdivision (b) shall be tolled by whatever period of time is
directly related to the employee's failure to comply with the
provisions of subdivision (d).
   (f) After final adjudication, if an employee's disability
application is denied, the local agency and the employee shall
arrange for the employee to repay any advanced disability pension
payments received by the employee pursuant to this subdivision. The
repayment plan shall take into account the employee's ability to
repay the advanced disability payments received. Absent an agreement
on repayment, the matter shall be submitted for a local agency
administrative appeals remedy that includes an independent level of
resolution to determine a reasonable repayment plan. If repayment is
not made according to the repayment plan, the local agency may take
reasonable steps, including litigation, to recover the payments
advanced.


4850.5.  Any firefighter employed by the County of San Luis Obispo,
and the sheriff or any officer or employee of the sheriff's office of
the County of San Luis Obispo, and any county probation officer,
group counselor, or juvenile services officer, or any officer or
employee of a probation office, employed by the County of San Luis
Obispo, shall, upon the adoption of a resolution of the board of
supervisors so declaring, be entitled to the benefits of this
article, if otherwise entitled to these benefits, even though the
employee is not a member of the Public Employees' Retirement System
or subject to the County Employees Retirement Law of 1937 (Chapter 3
(commencing with Section 31450) of Part 3 of Division 4 of Title 3 of
the Government Code).



4850.7.  (a) Any firefighter employed by a dependent or independent
fire district may be entitled to the benefits of this article, if
otherwise entitled to these benefits, even though the employee is not
a member of the Public Employees' Retirement System or subject to
the County Employees Retirement Law of 1937 (Chapter 3 (commencing
with Section 31450) of Part 3 of Division 4 of Title 3 of the
Government Code).
   (b) The issue of whether the firefighters employed by a fire
district are entitled to the benefits of this article is subject to
Article 10 (commencing with Section 3500) of Chapter 3 of Division 4
of Title 1 of the Government Code.
   (c) If the governing body of the district agrees that the benefits
shall apply, it shall adopt a resolution to that effect.



4851.  The governing body of any city, county, or city and county,
in addition to anyone else properly entitled, including the Public
Employees' Retirement System, may request the appeals board to
determine in any case, and the appeals board shall determine, whether
or not the disability referred to in Section 4850 arose out of and
in the course of duty. The appeals board shall also, in any disputed
case, determine when the disability commenced and ceased, and the
amount of benefits provided by this division to which the employee is
entitled during the period of the disability. The appeals board
shall have jurisdiction to award and enforce payment of these
benefits pursuant to Part 4 (commencing with Section 5300).




4852.  The provisions of this article do not diminish or affect the
right of any such officer or employee to the medical, surgical, and
hospital benefits prescribed by this division.



4853.  Whenever such disability of any such officer or employee
continues for a period beyond one year, such member shall thereafter
be subject as to disability indemnity to the provisions of this
division other than Section 4850 during the remainder of the period
of said disability or until the effective date of his retirement
under the Public Employees' Retirement Act, and the leave of absence
shall continue.



4854.  No disability indemnity shall be paid to any such officer or
employee concurrently with wages or salary payments.



4855.  This article shall not be applicable to individuals who are
appointed as reserve public safety employees and are deemed to be
employees of a county, city, town or district for workmen's
compensation purposes pursuant to Section 3362.




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, is killed in the
performance of his or her 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 duty, the employer shall continue providing
health benefits to the deceased employee's 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. 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 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
duty prior to September 30, 1996.