Workers’ compensation: death benefits.

SB 447

California Bills

20250SB__044796CHP INTRODUCED 2025-02-18 AMENDED_ASSEMBLY 2025-06-23 PASSED_ASSEMBLY 2025-08-28 PASSED_SENATE 2025-09-11 ENROLLED 2025-09-16 CHAPTERED 2025-10-11 APPROVED 2025-10-11 FILED 2025-10-11 2025 SB CHP CHP 0 Introduced by Senator Umberg (Coauthor: Senator Rubio) LEAD_AUTHOR SENATE Umberg COAUTHOR SENATE Rubio

An act to amend

Section of the Labor Code, relating to workers’ compensation. workers’ compensation Workers’ compensation: death benefits. Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment.

Under existing law, when a local employee who is a firefighter or peace officer, as specified, and that employee is killed or dies as a result of an accident or injury caused by external violence of physical force incurred in the performance of their duty, the employer is required to continue providing health benefits to the deceased employee’s minor dependents under the benefits extended to the surviving spouse, or if there is no surviving spouse, until the minor dependent is years of age. This bill would increase that age to years of age.

MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Labor Code is amended to read: 4856. (

a) Whenever any local employee who is a firefighter, peace officer as described in

Chapter 4.5 (commencing with

Section 830) of Title of Part of the Penal Code, or a Sheriff’s Special Officer of the County of Orange, is killed in the performance of their duty or dies as a result of an accident or injury caused by external violence or physical force incurred in the performance of their 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 years of age. However, pursuant to

Section 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 of Part of the Penal Code, who was killed in the performance of their duty or who died as a result of an accident or injury caused by external violence or physical force incurred in the performance of their duty prior to September 30, 1996.

Document details

CollectionCalifornia Bills
CitationSB 447
Date2025-10-11
Typebill
Languageen
SourceCA_BILL
Identifier20250SB44796CHP

Workers’ compensation: death benefits.

SB 447

California Bills

Workers’ compensation: death benefits.

SB 447

California Bills

20250SB__044796CHP INTRODUCED 2025-02-18 AMENDED_ASSEMBLY 2025-06-23 PASSED_ASSEMBLY 2025-08-28 PASSED_SENATE 2025-09-11 ENROLLED 2025-09-16 CHAPTERED 2025-10-11 APPROVED 2025-10-11 FILED 2025-10-11 2025 SB CHP CHP 0 Introduced by Senator Umberg (Coauthor: Senator Rubio) LEAD_AUTHOR SENATE Umberg COAUTHOR SENATE Rubio

An act to amend

Section of the Labor Code, relating to workers’ compensation. workers’ compensation Workers’ compensation: death benefits. Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment.

Under existing law, when a local employee who is a firefighter or peace officer, as specified, and that employee is killed or dies as a result of an accident or injury caused by external violence of physical force incurred in the performance of their duty, the employer is required to continue providing health benefits to the deceased employee’s minor dependents under the benefits extended to the surviving spouse, or if there is no surviving spouse, until the minor dependent is years of age. This bill would increase that age to years of age.

MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Labor Code is amended to read: 4856. (

a) Whenever any local employee who is a firefighter, peace officer as described in

Chapter 4.5 (commencing with

Section 830) of Title of Part of the Penal Code, or a Sheriff’s Special Officer of the County of Orange, is killed in the performance of their duty or dies as a result of an accident or injury caused by external violence or physical force incurred in the performance of their 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 years of age. However, pursuant to

Section 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 of Part of the Penal Code, who was killed in the performance of their duty or who died as a result of an accident or injury caused by external violence or physical force incurred in the performance of their duty prior to September 30, 1996.

Document details

CollectionCalifornia Bills
CitationSB 447
Date2025-10-11
Typebill
Languageen
SourceCA_BILL
Identifier20250SB44796CHP