AB 845 creates a temporary rule, requiring California’s public retirement systems to presume that a disability retirement based at least in part due to a COVID-19 related illness arose out of the member’s employment, thus making the member eligible for industrial disability benefits, if certain criteria are met. Specifically, the presumption applies to (1) job classifications described in subdivision (a) of Section 3212.87 of the Labor Code (firefighter, public safety officer, and health care job classifications), or their functional equivalents; and (2) members in other job classifications who test positive during an COVID-19 outbreak at the member’s specific place of employment.
Where the presumption applies, it can be rebutted by evidence to the contrary, but unless controverted, the applicable governing board of a public retirement system would be required to find in accordance with the presumption. The bill does not otherwise change the eligibility requirements for an industrial disability retirement.
The presumption will remain in effect only until January 1, 2023, and sunsets automatically on that date.
(AB 845 adds Sections 7523, 7523.1, and 7523.2 to the Government Code.)