County employees' retirement: disability: military leave.

The County Employees Retirement Law of 1937 permits a member permanently incapacitated for the performance of duty to be retired for disability regardless of age only if the member's incapacity is a result of injury or disease arising out of, and in the course of, the member's employment, and the employment contributes substantially to the incapacity or the member has complete 5 years of service, as specified. Existing law permits the spouse of a member who dies in service after 5 years of service or as a result of service-connected injury or disease to elect a combined death benefit. This bill would, in Los Angeles County, upon adoption by the board of supervisors or a district governing body, require that a member who becomes permanently incapacitated for the performance of duty with his or her county or district as a direct result of injury or disease arising out of, and in the course of, active military service while on miliary leave, as defined, be retired for nonservice-connected disability regardless of age or years of service. The bill would also permit the surviving spouse of a member who dies in the course of this active military service to receive the combined death benefit without regard to what would otherwise be required with regard to the member. The bill would provide that the right to these benefits is not vested with respect to any member prior to the member's retirement or death.