Death Benefits
Cal. LAB § 4709
California Statutes
(
a) Notwithstanding any other law, a dependent of a peace officer, as defined in
Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.38, 830.39, 830.4, 830.5, or 830.6 of the Penal Code, or a Sheriff’s Special Officer of the County of Orange, who is killed in the performance of duty or who dies or is totally disabled as a result of an accident or an injury caused by external violence or physical force, incurred in the performance of duty, if the death, accident, or injury is compensable under this division or Division 4.5 (commencing with
Section 6100) shall be entitled to a scholarship at a qualifying institution described in subdivision (
l) of
Section 69432.7 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
Chapter 1.7 (commencing with
Section 69430) of Part of Division of Title of the Education Code. (
b) A dependent of an officer or employee of the Department of Corrections and Rehabilitation or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, described in
Section of the Government Code, who is killed in the performance of duty, or who dies or is totally disabled as a result of an accident or an injury incurred in the performance of duty, if the death, accident, or injury is caused by the direct action of an inmate, and is compensable under this division or Division 4.5 (commencing with
Section 6100), shall also be entitled to a scholarship specified in this section. (
c) Notwithstanding any other law, a dependent of a firefighter employed by a county, city, city and county, district, or other political subdivision of the state, who is killed in the performance of duty or who dies or is totally disabled as a result of an accident or injury incurred in the performance of duty, if the death, accident, or injury is compensable under this division or Division 4.5 (commencing with
Section 6100), shall also be entitled to a scholarship specified in this section. (
d) Notwithstanding any other law, the dependent of a firefighter employed by a tribal fire department, who is killed in the performance of duty or who dies or is totally disabled as a result of an accident or injury incurred in the performance of duty, is entitled to a scholarship specified in this section. (
e) This
section shall not be interpreted to allow the admittance of the dependent into a college or university unless the dependent is otherwise qualified to gain admittance to the college or university. (
f) 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 of Part of Division of Title of the Education Code. (
g) The receipt of a scholarship provided for by this
section shall not preclude a dependent from receiving a Cal Grant award pursuant to
Chapter 1.7 (commencing with
Section 69430) of Part of Division of Title 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
Chapter 1.7 (commencing with
Section 69430) of Part of Division of Title 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. (
h) As used in this section, “dependent” means the children (natural or adopted) or spouse, at the time of the death or injury, of the peace officer, law enforcement officer, or firefighter. (
i) 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 of Part of Division of Title of the Education Code. For purposes of determining financial need, the proceeds of death benefits received by the dependent, including, but not limited to, a continuation of income received from the Public Employees’ Retirement System, the proceeds from the federal Public Safety Officers’ Benefits Act, life insurance policies, proceeds from Sections and 4703.5, a private scholarship if receipt is predicated upon the recipient being the survivor of a deceased public safety officer, the scholarship awarded pursuant to