SECTIONS 22980 - California Statutes

GOVERNMENT CODE

SECTION 22980

22980. (a) If a correctional officer who was injured as a result of
an incident at a state prison and subsequently retired from state
employment and sustained an injury as the result of a work-related
event that arose out of and in the course of his or her official
duties as a correctional officer at a state prison, before January 1,
1984, and that meets the definition of a bloodborne infectious
disease contained in Section 3212.8 of the Labor Code, and a
dependent or former dependent of that person contracts the bloodborne
infectious disease from that correctional officer, the dependent or
former dependent may elect to receive health care benefits sufficient
to cover all medically necessary health care costs associated with
the disease, for the duration of the disease. The state shall
contribute the cost of providing that benefit coverage from the
General Fund, upon appropriation by the Legislature. The dependent's
or former dependent's health care coverage shall cease if that person
is subsequently employed by an agency that provides health care
coverage under the Public Employees' Retirement System.
(b) If the dependent or former dependent elects to receive
benefits pursuant to this section that do not already exist, his or
her election shall constitute the sole and exclusive remedy of the
dependent or former dependent against the employer of the employee or
former employer of the annuitant and the dependent or former
dependent may not bring a civil action against the state.
(c) If the dependent or former dependent does not elect to receive
benefits pursuant to this section, as specified in subdivision (a),
the dependent or former dependent shall retain the right to pursue
all civil remedies otherwise allowed by law, and shall not be subject
to a defense that the dependent's or former dependent's claim is
barred by this section.
(d) For purposes of this section, "former dependent" means a
person who was diagnosed with a bloodborne infectious disease, on or
after January 1, 1990, which was contracted from a correctional
officer who comes within the description of subdivision (a) and is
covered under Section 3212.8 of the Labor Code while a dependent of
that person, but the dependency relationship has terminated.
(e) For purposes of this section, "dependent" has the meaning
provided by Section 17056 of the Revenue and Taxation Code.
(f) It is the intent of the Legislature that this section apply
retroactively.
(g) The Board of Directors of the State Compensation Insurance
Fund shall administer this benefit.
(h) This section shall become operative on July 1, 2009.