2011 California Code
Government Code
TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980]
ARTICLE 2. Preretirement Death Benefits
Section 21537.5
(a) The special death benefit is payable if the deceased was a state miscellaneous member in State Bargaining Unit 12 employed by the Department of Transportation, if his or her death occurred as a direct result of injury arising out of and in the course of his or her official duties with the department working on the California highway system performing highway maintenance, and if there is a survivor who qualifies under subdivision (b) of Section 21541. The Workers Compensation Appeals Board, using the same procedures as in workers compensation hearings, shall in disputed cases determine whether the death of the member occurred as a result of that injury.
(b) 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, 5811, or any other provision of the Labor Code.
(c) This section shall not become operative unless and until a memorandum of understanding has been agreed to by the state employer and the recognized employee organization making this section applicable to those members described in subdivision (a).
(Amended by Stats. 2006, Ch. 210, Sec. 6. Effective September 6, 2006.)
Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
