BILL ANALYSIS
AB 419
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CONCURRENCE IN SENATE AMENDMENTS
AB 419 (Lieber)
As Amended April 17, 2008
Majority vote
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|ASSEMBLY: |46-30 |(June 4, |SENATE: |21-15|(August 13, |
| | |2007) | | |2008) |
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Original Committee Reference: INS.
SUMMARY : Expands the scope of the law that provides that
specified safety officers (police and firefighters) are entitled
to full pay, tax free, for up to one year after an on-the-job
injury ("4850 time") in lieu of temporary disability benefits.
The Senate amendments :
1)Exempt employees of the City and County of San Francisco from
the bill.
2)Limit application of "4850 time" to full-time employees of
covered agencies.
3)Specify that local park rangers, community college police
officers, and school district police officers are also covered
by 4850 time.
EXISTING LAW provides that specified safety officers who are
members of the California Public Employees Retirement System,
the Los Angeles City Employees Retirement System, or who are
subject to the County Employees Retirement Law of 1937 are
entitled to receive, in lieu of temporary disability benefits,
full pay, tax-free, for up to one year following an on-the-job
injury.
AS PASSED BY THE ASSEMBLY , this bill deleted the limitation of
4850 time benefits to employees of the three specified
retirement systems.
FISCAL EFFECT : Notwithstanding the deletion of the fiscal tag
and the state-mandated local program tag by Legislative Counsel,
the Commission on State Mandates has in the past concluded that
"special" workers' compensation benefits such as 4850 time that
are not available to all workers generally in fact constitute a
AB 419
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reimbursable mandate. It is probable that the same conclusion
would be reached with respect to the bill's expansion of the
number of safety officers entitled to this special benefit.
COMMENTS : "4850 time" (Labor Code Section 4850) is one of the
enhanced workers' compensation benefits that safety officers
receive that other injured workers are not entitled to receive.
Temporary disability benefits in general do not replace an
injured worker's full wages. Local government's have expressed
concerns that with full pay, tax free, safety officers are
earning more than their regular pay when they are off work due
to an on-the-job injury, and therefore have no incentive to
return to work as soon as possible.
Local governments have objected to the expansion of 4850 time as
provided by the bill because many of the local agencies have
negotiated comparable benefits, or other alternatives, to make
up for the fact that Labor Code Section 4850 does not apply to
their employees.
Analysis prepared by : Mark Rakich / INS. / (916) 319-2086
FN: 0006809