Assembly Bill 1020 was enacted effective January 1, 2024.  It concerns disability presumptions under the County Employees Retirement Law of 1937 (CERL).  Existing law provides that participants in certain membership categories may be entitled to special benefits if the injury that causes their disability arises in the course of their employment.  Existing law creates presumptions, for purposes of qualification for disability retirement benefits for specified members, that certain injuries, arose out of and in the course of employment.  Existing law authorizes the presumptions to be rebutted by evidence to the contrary, but unless controverted, the governing board of a public retirement system is required to find in accordance with the presumption.

AB 1020 established several new disability retirement presumptions for the following injuries and illnesses, including post-traumatic stress disorder, tuberculosis, skin cancer, lower back impairments, Lyme disease, hernia, pneumonia, and meningitis, if the injury develops or manifests while a member, as defined, is in a specified job classification, or additionally if the injury develops or manifests within a prescribed length of time following the termination of the member’s employment in the specified job classification.

This bill would authorize the presumption relating to these additional injuries to be rebutted by evidence to the contrary, but unless controverted, the governing board of a public retirement system is required to find in accordance with the presumption.  As with all disability determinations, the member must also show permanent incapacity.  Permanent incapacity is not presumed.  It must be supported by competent medical evidence. 

Specifically, AB 1020 added the following injuries and illnesses to the list of available service-connection presumptions under CERL:

1. Post-traumatic stress disorder (PTSD)[1], as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of the Mental Disorders published by the American Psychiatric Association.  This presumption applies to active firefighting members and peace officers who are primarily engaged in active law enforcement activities, as set forth in Labor Code Section 3212.15.  This presumption sunsets on January 1, 2025.
    
2. Tuberculosis (also known as “TB”).[2]  This presumption applies to active firefighters, all peace officers or sheriff’s office members except those whose duties are clerical/office workers, as set forth in Labor Code Section 3212.6.
    
3. Meningitis.[3]  This presumption applies to active firefighters, all peace officers or sheriff’s office members except those whose duties are clerical/office workers, as set forth in Labor Code Section 3212.9.
    
4. Skin cancer.[4]  This presumption applies to active lifeguards, as set forth in Labor Code Section 3212.11.  AB 1020 additionally requires the member to have worked for 3 consecutive months in a calendar year as a lifeguard for this presumption to apply. 
    
5. Lyme disease.[5]  This presumption only applies to certain classifications of state employees, including forest firefighters, conservationists and fish and game law officers, as set forth in Labor Code Section 3212.12.
    
6. Lower back impairments.[6]  This presumption applies to all peace officers, as defined in Labor Code Section 3213.2, who have worked at least 5 years in a specified position that required the member to wear a duty belt as a condition of employment.
    
7. Hernia or pneumonia.[7]  This presumption applies to active firefighters and peace officers or sheriff’s office workers, as defined in Labor Code Section 3212.

Additionally, AB 1020 amended the already existing “heart trouble” presumption.[8]  Existing law requires, if a safety member, a firefighter member, or a member in active law enforcement who has completed 5 years or more of service develops heart trouble, that the heart trouble be presumed to arise out of and in the course of employment.  AB 1020 extends the presumption that the member’s heart trouble arose out of and in the course of employment to a prescribed length of time not to exceed 60 months following termination of service.  Specifically, the “heart trouble” presumption shall additionally apply to a firefighter member or member in active law enforcement following termination of service for a period of 3 calendar months for each full year of the requisite service but shall not exceed 60 months regardless of the member’s length of service, commencing with the last date that member actually worked as a firefighter member or member in active law enforcement.