Section 4856 Of Article 7. City Police And Firemen, Sheriffs, And Others From California Labor Code >> Division 4. >> Part 2. >> Chapter 2. >> Article 7.
4856
. (a) Whenever any local employee who is a firefighter, or
peace officer as described in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, or a Sheriff's Special
Officer of the County of Orange, is killed in the performance of his
or her duty or 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 providing health
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 dependents 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. However, pursuant to
Section 22822 of the Government Code, the surviving spouse may not
add the new spouse or stepchildren as family members under the
continued health benefits coverage of the surviving spouse.
(b) Subdivision (a) also applies to the employer of any local
employee who is a firefighter, or peace officer as described in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, who was killed in the performance of his or her duty or
who died as a result of an accident or injury caused by external
violence or physical force incurred in the performance of his or her
duty prior to September 30, 1996.