SECTIONS 89529-89529.11 - California Statutes

EDUCATION CODE

SECTION 89529-89529.11

89529. (a) This article applies to employees of the trustees who
are members of the Public Employees' Retirement System or the State
Teachers' Retirement System in compensated employment on and after
July 1, 1974.
(b) This article also applies to a participant in the optional
retirement program pursuant to Chapter 5.5 (commencing with Section
89600), provided that he or she would otherwise be eligible to
participate in the Public Employees' Retirement System except for the
election to participate in the optional retirement program.
(c) This article does not apply to employees of the trustees who
are included in the provisions of Article 6 (commencing with Section
4800) of Chapter 2 of Part 2 of Division 4 of the Labor Code.

89529.01. If the provisions of this article are in conflict with
the provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.

89529.02. As used in this article:
(a) "Industrial disability leave" means temporary disability as
defined in Divisions 4 (commencing with Section 3200) and 4.5
(commencing with Section 6100) of the Labor Code and includes any
period in which the disability is permanent and stationary and the
disabled employee is undergoing vocational rehabilitation.
(b) "Full pay" means the gross base pay earnable by the employee
and subject to retirement contribution if he or she had not vacated
his or her position.

89529.03. If an employee is temporarily disabled by illness or
injury arising out of and in the course of state employment, he or
she shall become entitled, regardless of his or her period of
service, to receive industrial disability leave and payments, in lieu
of workers' compensation temporary disability payments and payment
under Section 89527, for a period not exceeding 52 weeks within two
years from the first day of disability. The payments shall be in the
amount of the employee's full pay less withholding based on his or
her exemptions in effect on the date of his or her disability for
federal income taxes, state income taxes, and social security taxes
not to exceed 22 working days of disability subject to Section
89529.08. Thereafter, the payment shall be two-thirds of full pay.
Payments shall be additionally adjusted to offset disability
benefits, excluding those disability benefits payable from the State
Teachers' Retirement System, the employee may receive from other
employer-subsidized programs, except that no adjustment will be made
for benefits to which the employee's family is entitled up to a
maximum of three-quarters of full pay. Contributions to the Public
Employees' Retirement System or the State Teachers' Retirement System
shall be deducted in the amount based on full pay. Discretionary
deductions of the employee including those for coverage under a state
health benefits plan in which the employee is enrolled shall
continue to be deducted unless canceled by the employee. State
employer contributions to the Public Employees' Retirement System and
state employer normal retirement contributions to the State Teachers'
Retirement System shall be made on the basis of full pay and state
contributions pursuant to Sections 22871 and 22885 of the Government
Code because of the employee's enrollment in a health benefits plan
shall continue.

89529.04. An employee who is receiving industrial disability leave
benefits shall continue to receive all employee benefits which he or
she would have received had he or she not incurred disability.

89529.05. The disabled employee shall not receive temporary
disability indemnity or sick leave or annual leave with pay for any
period for which he or she receives industrial disability leave;
however, he or she may elect to waive the provisions of this article
and to receive disability indemnity pursuant to Divisions 4
(commencing with Section 3200) and 4.5 (commencing with Section 6100)
of the Labor Code and to receive payments under Section 89527 in
lieu of the benefits provided in this article. If the amount of the
employee's benefits payable under this article is less than the
amount he or she would receive under Divisions 4 (commencing with
Section 3200) and 4.5 (commencing with Section 6100) of the Labor
Code, the employee shall be deemed to have rejected the benefits of
this article and shall be paid benefits pursuant to Divisions 4
(commencing with Section 3200) and 4.5 (commencing with Section 6100)
of the Labor Code.

89529.06. Division 4.7 (commencing with Section 6200) of the Labor
Code shall not apply to employees to which this article applies.

89529.07. If an employee continues to be temporarily disabled after
termination of benefits under this article, he or she shall be
entitled to the benefits provided by Division 4 (commencing with
Section 3200) and 4.5 (commencing with Section 6100) of the Labor
Code and to payments under Section 89527.

89529.08. (a) If an illness or injury causes temporary disability,
the employee shall be placed on industrial disability leave on the
fourth calendar day after the injured employee leaves work as the
result of the illness or injury, except that in case the injury
causes disability of more than 14 days or necessitates
hospitalization, the employee shall be placed on industrial
disability leave from the first day he or she leaves work or is
hospitalized as a result of the injury.
(b) Notwithstanding subdivision (a), the disability payment shall
be made from the first day the injured employee leaves work as a
result of the injury, if the injury is the result of a criminal act
of violence against the employee.

89529.09. Payments shall be contingent on the complete medical
certification of the illness or injury including diagnosis and any
prognosis of recovery. Further, payments shall be contingent on the
employee's agreement to cooperate and participate in a reasonable and
appropriate vocational rehabilitation plan when furnished by the
state subject to appropriate medical approval as determined by the
trustees.

89529.10. The trustees or its designee shall adopt any rules and
regulations necessary for the administration of this article for its
employees.

89529.11. (a) This article shall be effective upon the adoption of
applicable rules and regulations, but not later than January 1,
1975.
(b) The reenactment of this article at the 1987-88 Regular Session
of the Legislature does not constitute a change in, but is
declaratory of, the existing law.