SECTIONS 20250-20255 - California Statutes

GOVERNMENT CODE

SECTION 20250-20255

20250. The provisions of this article shall be deemed to create a
right of subrogation only to amounts paid as disability retirement
allowances and special death benefits.

20251. As used in this article, "state fund" means the State
Compensation Insurance Fund.

20252. If benefits are payable under this part because of an injury
to or the death of a member and the injury or death is the proximate
consequence of the act of a person other than his or her employer
(the state or the employing contracting agency), the board may on
behalf of this system recover from that person an amount that is the
lesser of the following:
(1) An amount that is equal to one-half of the actuarial
equivalent of the benefits for which this system is liable because of
such injury or death.
(2) An amount that is equal to one-half of the remaining balance
of the amount recovered after allowance of that amount that the
employer or its insurance carrier have paid or become obligated to
pay.

20253. The board may contract with the state fund or the Attorney
General for the recovery on behalf of this system of any amounts that
the board might recover from third persons under this article or
Chapter 5 (commencing with Section 3850) of Part 1 of Division 4 of
the Labor Code, or that an insurer might recover under Section 11662
of the Insurance Code, or otherwise.
Under the contract, the state fund, in its own name or in the name
of the board, or the Attorney General for the board, may, to recover
the amounts regardless of whether the injury or death is industrial,
commence and prosecute actions, file liens, or intervene in court
proceedings 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, for the state fund or employer, except that the
recovery shall not be made from benefits payable under this part
because of the injury or death. The state fund or the Attorney
General, as the case may be, may compromise claims before or after
commencement of suit or entry of judgment for the amount as may be
approved by a person duly authorized by the board for that purpose.
The agreed cost of the service and the expense incidental thereto is
a proper charge against the retirement fund.

20254. Any amount recovered by way of subrogation by the employer,
workers' compensation insurer or this system shall be applied first
to the amounts that the employer or its insurer has paid or become
obligated to pay. The balance of the amount recovered as specified in
Section 20252 shall be paid to, or retained by, this system.

20255. Actions brought by the board under this article shall be
commenced within three years after the liability of this system to
pay benefits is fixed. Liability of this system is fixed at the time
the board approves the payment of benefits under this part.