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California Government Code Section 31720.6

Legal Research Home > California Laws > Government Code > California Government Code Section 31720.6

31720.6.  (a) If a safety member, a firefighter, or a member in
active law enforcement who has completed five years or more of
service under a pension system established pursuant to Chapter 4
(commencing with Section 31900) or under a pension system established
pursuant to Chapter 5 (commencing with Section 32200) or both or
under this retirement system or under the Public Employees'
Retirement System or under a retirement system established under this
chapter in another county, and develops cancer, the cancer so
developing or manifesting itself in those cases shall be presumed to
arise out of and in the course of employment. The cancer so
developing or manifesting itself in those cases shall in no case be
attributed to any disease existing prior to that development or
manifestation.
   (b) Notwithstanding the existence of nonindustrial predisposing or
contributing factors, any safety member, firefighter member, or
member active in law enforcement described in subdivision (a)
permanently incapacitated for the performance of duty as a result of
cancer shall receive a service-connected disability retirement if the
member demonstrates that he or she was exposed to a known carcinogen
as a result of performance of job duties.
   "Known carcinogen" for purposes of this section means those
carcinogenic agents recognized by the International Agency for
Research on Cancer, or the Director of the Department of Industrial
Relations.
   (c) The presumption is disputable and may be controverted by
evidence, that the carcinogen to which the member has demonstrated
exposure is not reasonably linked to the disabling cancer, provided
that the primary site of the cancer has been established. Unless so
controverted, the board is bound to find in accordance with the
presumption. This presumption shall be extended to a member following
termination of service for a period of three calendar months for
each full year of the requisite service, but not to exceed 60 months
in any circumstance, commencing with the last date actually worked in
the specified capacity.
   (d) "Firefighter," for purposes of this section, includes a member
engaged in active fire suppression who is not classified as a safety
member.
   (e) "Member in active law enforcement," for purposes of this
section, includes a member engaged in active law enforcement who is
not classified as a safety member.
Section: Previous  31720  31720.1  31720.3  31720.4  31720.5  31720.6  31720.7  31720.9  31721  31722  31723  31724  31725  31725.5  31725.6  Next

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Last modified: March 17, 2014