Death and Total Disability Benefits for Dependents

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Lemaire, Faunce, Pingel & Singer

The Labor Code provides some benefits to the spouses and children of Law Enforcement Personnel in event of death or total disability.  The Retirement systems also provides additional benefits.  It is recommended that you consult the retirement system to see what benefits may be available in event of these circumstances.  There also may be some benefits available from the Federal Government.  If the deceased was a member of the Public Employee’s Retirement System (PERS), there may be a requirement that the dependents have to elect receiving PERS benefits versus workers’ compensation benefits.  If faced in this situation, it is important that those dependents consult with a workers’ compensation attorney and a retirement attorney to see which benefit should be chosen.

Health Care Benefits:  Labor Code Section 4856 provides that for peace officers as described in Chapter 4.5 of Title 3 of Part 2 of the Penal Code, See Sections 830 and beyond,  is killed in the performance of his or her duty dies as a result of an accident or injury caused by external violence or physical force incurred in the performance of his or her duty, the employer shall continue to provide health care benefits to the deceased employee’s spouse under the same terms and conditions provided prior to the death, or prior to the accident or injury that caused the death, of the employee unless the surviving spouse elects to receive a lump sum survivors benefit in lieu of monthly benefits.  Minor children shall continue to receive benefits under the coverage provided the surviving spouse or, if there is no surviving spouse, until the age of 21 years.