21428.1. (a) Upon retirement of a patrol member for industrial disability as the result of a single event that results in serious bodily injury, the member shall receive the higher of the allowance provided by Section 21406, or, the disability allowance otherwise provided pursuant to this section equal to 3 percent of his or her final compensation multiplied by the number of years of patrol service credited to him or her plus an annuity purchased with his or her accumulated additional contributions, if any. This section shall not apply to a disability that manifests more than six months after the effective date for the industrial disability retirement. This section does not entitle the member to an industrial disability retirement if the member would not otherwise be eligible for an industrial disability retirement.
(b) This section shall apply only to serious bodily injuries, and shall not be applied to disabilities that are the result of any of the following:
(1) Cumulative trauma.
(2) Cumulative injuries, including, but not limited to, heart conditions, stroke, stress, anxiety, or diabetes.
(3) Presumptive injuries or illnesses as described in Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code.
(4) Stress-related disabilities.
(5) Physical disability having mental origin.
(c) If a patrol member has other service credit as a state peace officer/firefighter member, state safety member, local safety member, state miscellaneous, state industrial, or local miscellaneous member under this system, the cumulative benefit pursuant to this section, including an annuity purchased with his or her accumulated contributions, shall not exceed 90 percent of final compensation.
(d) For purposes of this section, “serious bodily injury” includes any of the following:
(1) Total loss of sight in one or both eyes.
(2) Total loss of hearing in both ears.
(3) Amputation or total loss of function in a hand, arm, foot, or leg.
(4) A spinal cord injury resulting in paralysis which causes the complete loss of function in a hand, arm, foot, or leg.
(5) Physical injury to the brain resulting in serious cognitive disorders or paralysis which causes the complete loss of function in a hand, arm, foot, or leg.
(6) Injury to a major internal organ which substantially limits one or more “major life activities.” Major life activities are functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning, and performing substantial gainful employment.
(7) Any other serious physical injury that results in the inability to perform substantial gainful employment.
(e) This section applies only to those patrol members who are described by at least one of the following:
(1) Employed in a state bargaining unit for which a memorandum of understanding has been agreed to by the state employer and the recognized employee organization to become subject to this section.
(2) Excluded from the definition of state employee in subdivision (c) of Section 3513.
(3) Employed by the executive branch of government and not a member of the civil service.
(f) In the event of a dispute regarding the applicability of this section, the board shall proceed with retirement pursuant to any other section that may apply and with the payment of any benefits that are payable pursuant to any other section when this section is not applicable. If the board subsequently determines that this section is applicable, an amount equal to the benefits paid shall be deducted from the benefits payable pursuant to this section because of the determination.
(Added by Stats. 2006, Ch. 240, Sec. 7. Effective September 13, 2006.)