California Government Code

§ 21540.5

GOV § 21540.5 Effective Jan 1, 2006Div. 5 · Title 2 · Part 3 · Ch. 14 · Art. 2

Statute text

(a)The special death benefit is also payable if the deceased was a state, school, or local miscellaneous member, a local safety member described in Section 20423.6, or a state safety member described in Section 20401.5, if the death of the member was a direct consequence of a violent act perpetrated on his or her person that arose out of and was in the course of his or her official duties and there is a survivor who qualifies under paragraph (2) of subdivision (a) of Section 21541. The Workers’ Compensation Appeals Board, using the same procedure as in workers’ compensation hearings, shall, in disputed cases determine whether the member’s death was a direct consequence of a violent act perpetrated on his or her person that arose out of and in the course of his or her official duties.

(b)A natural parent of surviving children eligible to receive an allowance payable under this section is not required to become the guardian of surviving unmarried children under 18 years of age in order to be paid the benefits prescribed for those children.

(c)The jurisdiction of the Workers’ Compensation Appeals Board shall be limited solely to the issue of industrial causation, and this section may not be construed to authorize the Workers’ Compensation Appeals Board to award costs against this system pursuant to Section 4600 or 5811 or any other provision of the Labor Code.

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Legislative history

Amended by Stats. 2005, Ch. 328, Sec. 16. Effective January 1, 2006.