BILL NUMBER: AB 511 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Gipson
FEBRUARY 23, 2015
An act to amend Section 3212.1 of, and to repeal and add Sections
3212, 3212.5, 3212.6, 3212.85, and 3212.9 of, the Labor Code,
relating to workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 511, as introduced, Gipson. Workers' compensation.
Existing law establishes a workers' compensation system to
compensate an employee for injuries arising out of, and in the course
of, his or her employment. Existing law designates illnesses and
conditions that constitute a compensable injury for various
employees, such as California Highway Patrol members, firefighters,
and certain peace officers. These injuries include, but are not
limited to, hernia, pneumonia, heart trouble, cancer, meningitis, and
exposure to a biochemical substance when the illness or condition
develops or manifests itself during a period when the officer or
employee is in service of his or her employer, as specified.
This bill would expand the coverage of the above provisions
relating to compensable injury, to include other, full-time peace
officers described pursuant to specified provisions of law. The bill
would also expand the coverage of these provisions to include, upon
the approval of an ordinance or resolution adopted by the governing
body of the contracting public agency, or the adoption of language to
this effect in a city or county charter, or pursuant to the terms
and conditions of employment set forth in a collective bargaining
agreement, a custody assistant, correctional officer, security
officer, or security assistant employed by a public agency, or a
peace officer other than a peace officer to whom these provisions
already apply. The bill would also make technical and clarifying
changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3212 of the Labor Code is repealed.
3212. In the case of members of a sheriff's office or the
California Highway Patrol, district attorney's staff of inspectors
and investigators or of police or fire departments of cities,
counties, cities and counties, districts or other public or municipal
corporations or political subdivisions, whether those members are
volunteer, partly paid, or fully paid, and in the case of active
firefighting members of the Department of Forestry and Fire
Protection whose duties require firefighting or of any county
forestry or firefighting department or unit, whether voluntary, fully
paid, or partly paid, and in the case of members of the warden
service of the Wildlife Protection Branch of the Department of Fish
and Game whose principal duties consist of active law enforcement
service, excepting those whose principal duties are clerical or
otherwise do not clearly fall within the scope of active law
enforcement service such as stenographers, telephone operators, and
other officeworkers, the term "injury" as used in this act includes
hernia when any part of the hernia develops or manifests itself
during a period while the member is in the service in the office,
staff, division, department, or unit, and in the case of members of
fire departments, except those whose principal duties are clerical,
such as stenographers, telephone operators, and other officeworkers,
and in the case of county forestry or firefighting departments,
except those whose principal duties are clerical, such as
stenographers, telephone operators, and other officeworkers, and in
the case of active firefighting members of the Department of Forestry
and Fire Protection whose duties require firefighting, and in the
case of members of the warden service of the Wildlife Protection
Branch of the Department of Fish and Game whose principal duties
consist of active law enforcement service, excepting those whose
principal duties are clerical or otherwise do not clearly fall within
the scope of active law enforcement service such as stenographers,
telephone operators, and other officeworkers, the term "injury"
includes pneumonia and heart trouble that develops or manifests
itself during a period while the member is in the service of the
office, staff, department, or unit. In the case of regular salaried
county or city and county peace officers, the term "injury" also
includes any hernia that manifests itself or develops during a period
while the officer is in the service. The compensation that is
awarded for the hernia, heart trouble, or pneumonia shall include
full hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by the workers' compensation laws of
this state.
The hernia, heart trouble, or pneumonia so developing or
manifesting itself in those cases shall be presumed to arise out of
and in the course of the employment. This presumption is disputable
and may be controverted by other evidence, but unless so
controverted, the appeals board is bound to find in accordance with
it. The presumption shall be extended to a member following
termination of service for a period of three calendar months for each
full year of the requisite service, but not to exceed 60 months in
any circumstance, commencing with the last date actually worked in
the specified capacity.
The hernia, heart trouble, or pneumonia so developing or
manifesting itself in those cases shall in no case be attributed to
any disease existing prior to that development or manifestation.
SEC. 2. Section 3212 is added to the Labor Code, to read:
3212. (a) As used in this act, the term "injury" includes both of
the following:
(1) With respect to the following members, a hernia, when any part
of the hernia develops or manifests itself during a period while the
member is in the service of the office, staff, division, department,
or unit:
(A) Members of a sheriff's office or the California Highway
Patrol, district attorney's staff of inspectors and investigators, or
police or fire departments of cities, counties, cities and counties,
districts, or other public or municipal corporations or political
subdivisions, whether those members are volunteers, or are partly
paid or fully paid.
(B) Active firefighting members of the Department of Forestry and
Fire Protection whose duties require firefighting or of any county
forestry or firefighting department or unit, whether those members
are volunteers, or are partly paid or fully paid.
(C) Members of the warden service of the Wildlife Branch of the
Department of Fish and Wildlife whose principal duties consist of
active law enforcement service.
(D) Regular salaried county or city and county peace officers.
(E) Full-time peace officers, other than those described in
subparagraph (A) or (D), as described in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code.
(F) Upon the approval of an ordinance or resolution adopted by the
governing body of the contracting public agency, or the adoption of
language to this effect in a city or county charter, or pursuant to
the terms and conditions of employment set forth in a collective
bargaining agreement, a custody assistant, correctional officer,
security officer, or security assistant employed by a public agency,
or a peace officer other than a peace officer described in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.
(2) With respect to the following members, pneumonia and heart
trouble that develops or manifests itself during a period while the
member is in the service of the department:
(A) Members of fire departments.
(B) Members of county forestry or firefighting departments.
(C) Active firefighting members of the Department of Forestry and
Fire Protection whose duties require firefighting.
(D) Members of the warden service of the Wildlife Branch of the
Department of Fish and Wildlife whose principal duties consist of
active law enforcement service.
(E) Upon the approval of an ordinance or resolution adopted by the
governing body of the contracting public agency, or the adoption of
language to this effect in a city or county charter, or pursuant to
the terms and conditions of employment set forth in a collective
bargaining agreement, a custody assistant, correctional officer,
security officer, or security assistant employed by a public agency,
or a peace officer other than a peace officer described in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.
(b) The compensation that is awarded for the hernia, heart
trouble, or pneumonia shall include full hospital, surgical, medical
treatment, disability indemnity, and death benefits, as provided by
the workers' compensation laws of this state.
(c) Hernia, heart trouble, or pneumonia developing or manifesting
as described in this section shall be presumed to arise out of and in
the course of employment. This presumption is disputable and may be
controverted by other evidence, but unless controverted by other
evidence, the appeals board is bound to find in accordance with it.
The presumption shall be extended to a member following termination
of service for a period of three calendar months for each full year
of the requisite service, but not to exceed 60 months in any
circumstance, commencing with the last date actually worked in the
specified capacity.
(d) Hernia, heart trouble, or pneumonia developing or manifesting
as described in this section shall not be attributed to any disease
existing prior to that development or manifestation.
(e) This section does not apply to persons whose principal duties
are clerical or otherwise do not clearly fall within the scope of
active law enforcement, including custody and corrections,
firefighting, or emergency first aid response service, such as
stenographers, receptionists, and other office workers.
SEC. 3. Section 3212.1 of the Labor Code is amended to read:
3212.1. (a) This section applies to all of the following:
(1) Active firefighting members, whether those members are
volunteers, or are partly paid,
paid or fully paid, of all of the following fire
departments:
(A) A fire department of a city, county, city and county,
district, or other public or municipal corporation or political
subdivision.
(B) A fire department of the University of California and the
California State University.
(C) The Department of Forestry and Fire Protection.
(D) A county forestry or firefighting department or unit.
(2) Active firefighting members of a fire department that serves a
United States Department of Defense installation and who are
certified by the Department of Defense as meeting its standards for
firefighters.
(3) Active firefighting members of a fire department that serves a
National Aeronautics and Space Administration installation and who
adhere to training standards established in accordance with Article 4
(commencing with Section 13155) of Chapter 1 of Part 2 of Division
12 of the Health and Safety Code.
(4) Peace Part-time peace officers,
as defined in Section 830.1, subdivision (a) of Section 830.2, and
subdivisions (a) and (b) of Section 830.37, of the Penal Code, who
are primarily engaged in active law enforcement activities , and
full-time peace officers described in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code .
(5) (A) Fire and rescue services coordinators who work for the
Office of Emergency Services.
(B) For purposes of this paragraph, "fire and rescue services
coordinators" means coordinators with any of the following job
classifications: coordinator, senior coordinator, or chief
coordinator.
(6) Upon the approval of an ordinance or resolution adopted by the
governing body of the contracting public agency, or the adoption of
language to this effect in a city or county charter, or pursuant to
the terms and conditions of employment set forth in a collective
bargaining agreement, a custody assistant, correctional officer,
security officer, or security assistant employed by a public agency,
or a peace officer other than a peace officer described in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.
(b) The term "injury," as used in this division, includes cancer,
including leukemia, that develops or manifests itself during a period
in which any member described in subdivision (a) is in the service
of the department or unit, if the member demonstrates that he or she
was exposed, while in the service of the department or unit, to a
known carcinogen as defined by the International Agency for Research
on Cancer, or as defined by the director.
(c) The compensation that is awarded for cancer shall include full
hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by this division.
(d) The cancer so developing or manifesting itself in these cases
shall be presumed to arise out of and in the course of the
employment. This presumption is disputable and may be controverted by
evidence that the primary site of the cancer has been established
and that the carcinogen to which the member has demonstrated exposure
is not reasonably linked to the disabling cancer. Unless so
controverted, the appeals board is bound to find in accordance with
the presumption. This presumption shall be extended to a member
following termination of service for a period of three calendar
months for each full year of the requisite service, but not to exceed
120 months in any circumstance, commencing with the last date
actually worked in the specified capacity.
(e) The amendments to this section enacted during the 1999 portion
of the 1999-2000 Regular Session shall be applied to claims for
benefits filed or pending on or after January 1, 1997, including, but
not limited to, claims for benefits filed on or after that date that
have previously been denied, or that are being appealed following
denial.
(f) This section shall be known, and may be cited, as the William
Dallas Jones Cancer Presumption Act of 2010.
SEC. 4. Section 3212.5 of the Labor Code is repealed.
3212.5. In the case of a member of a police department of a city
or municipality, or a member of the State Highway Patrol, when any
such member is employed upon a regular, full-time salary, and in the
case of a sheriff or deputy sheriff, or an inspector or investigator
in a district attorney's office of any county, employed upon a
regular, full-time salary, the term "injury" as used in this division
includes heart trouble and pneumonia which develops or manifests
itself during a period while such member, sheriff, or deputy sheriff,
inspector or investigator is in the service of the police
department, the State Highway Patrol, the sheriff's office or the
district attorney's office, as the case may be. The compensation
which is awarded for such heart trouble or pneumonia shall include
full hospital, surgical, medical treatment, disability indemnity, and
death benefits as provided by the provisions of this division.
Such heart trouble or pneumonia so developing or manifesting
itself shall be presumed to arise out of and in the course of the
employment; provided, however, that the member of the police
department, State Highway Patrol, the sheriff or deputy sheriff, or
an inspector or investigator in a district attorney's office of any
county shall have served five years or more in such capacity before
the presumption shall arise as to the compensability of heart trouble
so developing or manifesting itself. This presumption is disputable
and may be controverted by other evidence, but unless so
controverted, the appeals board is bound to find in accordance with
it. This presumption shall be extended to a member following
termination of service for a period of three calendar months for each
full year of the requisite service, but not to exceed 60 months in
any circumstance, commencing with the last date actually worked in
the specified capacity.
Such heart trouble or pneumonia so developing or manifesting
itself in such cases shall in no case be attributed to any disease
existing prior to such development or manifestation.
The term "members" as used herein shall be limited to those
employees of police departments, the California Highway Patrol and
sheriffs' departments and inspectors and investigators of a district
attorney's office who are defined as peace officers in Section 830.1,
830.2, or 830.3 of the Penal Code.
SEC. 5. Section 3212.5 is added to the Labor Code, to read:
3212.5. (a) The term "injury" as used in this division includes
heart trouble and pneumonia that develops or manifests itself during
a period while a person described in this subdivision is in the
service of the agency, department, or office as described in this
subdivision, and the compensation that is awarded for heart trouble
or pneumonia as described in this section shall include full
hospital, surgical, medical treatment, disability indemnity, and
death benefits as provided by the provisions of this division for the
following persons when those persons are employed upon a regular,
full-time salary:
(1) A peace officer described in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code who is employed
on a regular, full-time salary.
(2) An inspector or investigator in a district attorney's office
of a county who is employed on a regular, full-time salary.
(3) Upon the approval of an ordinance or resolution adopted by the
governing body of the contracting public agency, or the adoption of
language to this effect in a city or county charter, or pursuant to
the terms and conditions of employment set forth in a collective
bargaining agreement, a custody assistant, correctional officer,
security officer, or security assistant employed by a public agency,
or a peace officer other than a peace officer described in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.
(b) The heart trouble or pneumonia so developing or manifesting
itself shall be presumed to arise out of and in the course of the
employment; provided, however, that the person shall have served five
years or more in that capacity before the presumption shall arise as
to the compensability of heart trouble so developing or manifesting
itself. This presumption is disputable and may be controverted by
other evidence, but, unless so controverted, the appeals board is
bound to find in accordance with it. This presumption shall be
extended to a person following termination of service for a period of
three calendar months for each full year of the requisite service,
not to exceed 60 months in any circumstance, commencing with the last
date actually worked in the specified capacity.
(c) The heart trouble or pneumonia so developing or manifesting
itself in these cases shall in no case be attributed to any disease
existing prior to its development or manifestation.
SEC. 6. Section 3212.6 of the Labor Code is repealed.
3212.6. In the case of a member of a police department of a city
or county, or a member of the sheriff's office of a county, or a
member of the California Highway Patrol, or an inspector or
investigator in a district attorney's office of any county whose
principal duties consist of active law enforcement service, or a
prison or jail guard or correctional officer who is employed by a
public agency, when that person is employed upon a regular, full-time
salary, or in the case of members of fire departments of any city,
county, or district, or other public or municipal corporations or
political subdivisions, when those members are employed on a regular
fully paid basis, and in the case of active firefighting members of
the Department of Forestry and Fire Protection whose duties require
firefighting and first-aid response services, or of any county
forestry or firefighting department or unit, where those members are
employed on a regular fully paid basis, excepting those whose
principal duties are clerical or otherwise do not clearly fall within
the scope of active law enforcement, firefighting, or emergency
first-aid response service such as stenographers, telephone
operators, and other officeworkers, the term "injury" includes
tuberculosis that develops or manifests itself during a period while
that member is in the service of that department or office. The
compensation that is awarded for the tuberculosis shall include full
hospital, surgical, medical treatment, disability indemnity, and
death benefits as provided by the provisions of this division.
The tuberculosis so developing or manifesting itself shall be
presumed to arise out of and in the course of the employment. This
presumption is disputable and may be controverted by other evidence,
but unless so controverted, the appeals board is bound to find in
accordance with it. This presumption shall be extended to a member
following termination of service for a period of three calendar
months for each full year of the requisite service, but not to exceed
60 months in any circumstance, commencing with the last date
actually worked in the specified capacity.
A public entity may require applicants for employment in
firefighting positions who would be entitled to the benefits granted
by this section to be tested for infection for tuberculosis.
SEC. 7. Section 3212.6 is added to the Labor Code, to read:
3212.6. (a) (1) The term "injury" includes tuberculosis that
develops or manifests itself during a period while a person described
in this paragraph is in the service of the agency, department, or
office as described in this paragraph and the compensation that is
awarded for the tuberculosis shall include full hospital, surgical,
medical treatment, disability indemnity, and death benefits as
provided by the provisions of this division for the following
persons:
(A) A peace officer described in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code if that person is
employed upon a regular, full-time salary.
(B) An inspector or investigator in a district attorney's office
of a county who is employed on a regular, full-time salary.
(C) A prison or jail guard or correctional officer who is employed
by a public agency if that person is employed upon a regular,
full-time salary.
(D) Upon the approval of an ordinance or resolution adopted by the
governing body of the contracting public agency, or the adoption of
language to this effect in a city or county charter, or pursuant to
the terms and conditions of employment set forth in a collective
bargaining agreement, a custody assistant, correctional officer,
security officer, or security assistant employed by a public agency,
or a peace officer other than a peace officer described in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, if that person is employed upon a regular, full-time salary.
(E) A member of a fire department of any city, county, or
district, or other public or municipal corporations or political
subdivisions, if that person is employed on a regular, fully paid
basis.
(F) An active firefighting member of the Department of Forestry
and Fire Protection whose duties require firefighting and first aid
response services, or of a county forestry or firefighting department
or unit, if that person is employed on a regular, fully paid basis.
(2) The tuberculosis developing or manifesting itself as described
in paragraph (1) shall be presumed to arise out of and in the course
of the employment. This presumption is disputable and may be
controverted by other evidence, but unless so controverted, the
appeals board is bound to find in accordance with it. This
presumption shall be extended to a person described in paragraph (1)
following termination of service for a period of three calendar
months for each full year of the requisite service, but not to exceed
60 months in any circumstance, commencing with the last date
actually worked in the specified capacity.
(b) A public entity may require applicants for employment in
firefighting positions who would be entitled to the benefits granted
by this section to be tested for infection for tuberculosis.
(c) This section does not apply to persons whose principal duties
are clerical or otherwise do not clearly fall within the scope of
active law enforcement, including custody and corrections,
firefighting, or emergency first aid response service, such as
stenographers, receptionists, and other office workers.
SEC. 8. Section 3212.85 of the Labor Code is repealed.
3212.85. (a) This section applies to peace officers described in
Sections 830.1 to 830.5, inclusive, of the Penal Code, and members of
a fire department.
(b) The term "injury," as used in this division, includes illness
or resulting death due to exposure to a biochemical substance that
develops or occurs during a period in which any member described in
subdivision (a) is in the service of the department or unit.
(c) The compensation that is awarded for injury pursuant to this
section shall include full hospital, surgical, medical treatment,
disability indemnity, and death benefits, as provided by this
division.
(d) The injury that develops or manifests itself in these cases
shall be presumed to arise out of, and in the course of, the
employment. This presumption is disputable and may be controverted by
other evidence. Unless controverted, the appeals board is bound to
find in accordance with the presumption. This presumption shall be
extended to a member following termination of service for a period of
three calendar months for each full year of the requisite service,
but not to exceed 60 months in any circumstance, commencing with the
last date actually worked in the specified capacity.
(e) For purposes of this section, the following definitions apply:
(1) "Biochemical substance" means any biological or chemical agent
that may be used as a weapon of mass destruction, including, but not
limited to, any chemical warfare agent, weaponized biological agent,
or nuclear or radiological agent, as these terms are defined in
Section 11417 of the Penal Code.
(2) "Members of a fire department" includes, but is not limited
to, an apprentice, volunteer, partly paid, or fully paid member of
any of the following:
(A) A fire department of a city, county, city and county,
district, or other public or municipal corporation or political
subdivision.
(B) A fire department of the University of California and the
California State University.
(C) The Department of Forestry and Fire Protection.
(D) A county forestry or firefighting department or unit.
SEC. 9. Section 3212.85 is added to the Labor Code, to read:
3212.85. (a) The term "injury," as used in this division,
includes illness or resulting death due to exposure to a biochemical
substance that develops or occurs during a period in which a person
described in this
subdivision is in the service of the agency, department, or unit as
described in this subdivision:
(1) A part-time peace officer described in Sections 830.1 to
830.5, inclusive, of, or a full-time peace officer described in,
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code.
(2) A member of a fire department.
(3) Upon the approval of an ordinance or resolution adopted by the
governing body of the contracting public agency, or the adoption of
language to this effect in a city or county charter, or pursuant to
the terms and conditions of employment set forth in a collective
bargaining agreement, a custody assistant, correctional officer,
security officer, or security assistant employed by a public agency,
or a peace officer other than a peace officer described in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.
(b) The compensation that is awarded for injury pursuant to this
section shall include full hospital, surgical, medical treatment,
disability indemnity, and death benefits, as provided by this
division.
(c) The injury that develops or manifests itself in these cases
shall be presumed to arise out of, and in the course of, the
employment. This presumption is disputable and may be controverted by
other evidence. Unless controverted, the appeals board is bound to
find in accordance with the presumption. This presumption shall be
extended to a person described in subdivision (a) following
termination of service for a period of three calendar months for each
full year of the requisite service, but not to exceed 60 months in
any circumstance, commencing with the last date actually worked in
the specified capacity.
(d) For purposes of this section, the following definitions apply:
(1) "Biochemical substance" means any biological or chemical agent
that may be used as a weapon of mass destruction, including, but not
limited to, any chemical warfare agent, weaponized biological agent,
or nuclear or radiological agent, as these terms are defined in
Section 11417 of the Penal Code.
(2) "Member of a fire department" includes, but is not limited to,
an apprentice, volunteer, partly paid, or fully paid member of any
of the following:
(A) A fire department of a city, county, city and county,
district, or other public or municipal corporation or political
subdivision.
(B) A fire department of the University of California and the
California State University.
(C) The Department of Forestry and Fire Protection.
(D) A county forestry or firefighting department or unit.
SEC. 10. Section 3212.9 of the Labor Code is repealed.
3212.9. In the case of a member of a police department of a city,
county, or city and county, or a member of the sheriff's office of a
county, or a member of the California Highway Patrol, or a county
probation officer, or an inspector or investigator in a district
attorney's office of any county whose principal duties consist of
active law enforcement service, when that person is employed on a
regular, full-time salary, or in the case of a member of a fire
department of any city, county, or district, or other public or
municipal corporation or political subdivision, or any county
forestry or firefighting department or unit, when those members are
employed on a regular full-time salary, excepting those whose
principal duties are clerical or otherwise do not clearly fall within
the scope of active law enforcement or firefighting, such as
stenographers, telephone operators, and other officeworkers, the term
"injury" includes meningitis that develops or manifests itself
during a period while that person is in the service of that
department, office, or unit. The compensation that is awarded for the
meningitis shall include full hospital, surgical, medical treatment,
disability indemnity, and death benefits as provided by the
provisions of this division.
The meningitis so developing or manifesting itself shall be
presumed to arise out of and in the course of the employment. This
presumption is disputable and may be controverted by other evidence,
but unless so controverted, the appeals board is bound to find in
accordance with it. This presumption shall be extended to a person
following termination of service for a period of three calendar
months for each full year of the requisite service, but not to exceed
60 months in any circumstance, commencing with the last date
actually worked in the specified capacity.
SEC. 11. Section 3212.9 is added to the Labor Code, to read:
3212.9. (a) The term "injury" includes meningitis that develops
or manifests itself when one of the following persons is in the
service of the agency, department, or unit as described in this
subdivision and the compensation that is awarded for meningitis shall
include full hospital, surgical, medical treatment, disability
indemnity, and death benefits as provided by this division:
(1) A peace officer described in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 Penal Code who is employed on a
regular, full-time salary.
(2) An inspector or investigator in a district attorney's office
of a county whose principal duties consist of active law enforcement
service and who is employed on a regular, full-time salary.
(3) A member of a fire department of any city, county, or
district, or other public or municipal corporation or political
subdivision, or a county forestry or firefighting department or unit,
who is employed on a regular, full-time salary.
(4) Upon the approval of an ordinance or resolution adopted by the
governing body of the contracting public agency, or the adoption of
language to this effect in a city or county charter, or pursuant to
the terms and conditions of employment set forth in a collective
bargaining agreement, a custody assistant, correctional officer,
security officer, or security assistant employed by a public agency,
or a peace officer other than a peace officer described in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code who is employed on a regular, full-time salary.
(b) For purposes of this section, meningitis shall be presumed to
arise out of, and in the course of, the employment. This presumption
is disputable and may be controverted by other evidence, but unless
so controverted, the appeals board is bound to find in accordance
with it. This presumption shall be extended to a person following
termination of service for a period of three calendar months for each
full year of the requisite service, but not to exceed 60 months in
any circumstance, commencing with the last date actually worked in
the specified capacity.
(c) This section does not apply to persons whose principal duties
are clerical or otherwise do not clearly fall within the scope of
active law enforcement, including custody and corrections, or
firefighting, such as stenographers, receptionists, and other office
workers.