SECTIONS 24500-24505 - California Statutes

EDUCATION CODE

SECTION 24500-24505

24500. Notwithstanding Sections 11042 and 11043 of the Government
Code, if a disability retirement allowance, disability allowance,
family allowance, or survivor benefit allowance is payable under this
part due to the injury to or death of a member and the injury or
death is the proximate consequence of the act of a third person or
entity, other than the member's employer, the board may, upon
adoption of a resolution, recover from that person or entity on
behalf of the plan, an amount equal to the actuarial equivalent of
benefits paid under the plan because of the injury to or death of the
member less any amounts the system may be obligated to pay under the
plan without regard to the actions of the third party. This chapter
shall be deemed to create a right of subrogation only to amounts paid
as disability retirement allowances, disability allowances, family
allowances, or survivor benefit allowances.

24501. The board may act on its own or contract with the State
Compensation Insurance Fund or Attorney General for recovery on
behalf of the plan of any amounts recoverable from third persons
under this chapter, Chapter 5 (commencing with Section 3850) of Part
1 of Division 4 of the Labor Code, Section 11662 of the Insurance
Code, or otherwise.

24502. In the exercise of its rights under this part, the board or
the agent under contract may commence or prosecute actions, file
liens, intervene in court proceedings, join parties to the action and
consolidate actions all in the same manner and to the same extent
provided in Chapter 5 (commencing with Section 3850) of Part 1 of
Division 4 of the Labor Code except that recovery shall not be made
from benefits payable under this part because of the injury or death.

24503. The State Compensation Insurance Fund or Attorney General as
agent for the board may compromise claims before or after
commencement of suit or entry of judgment for an amount as may be
approved by a person duly authorized by the board for that purpose.

24504. Any amount recovered by way of subrogation by the board on
behalf of the member, shall be applied first to the amount which the
plan paid or is obligated to pay including court costs, attorney
fees, and expenses.

24505. Actions brought by the board or its agent under contract
pursuant to this chapter shall be commenced within three years after
the liability of the system to pay benefits under the plan is fixed.
Liability of the plan is fixed at the time the board approves the
payment of benefits under this plan.