§ 16.86-1. SHERIFF MEMBER INCAPACITATED WITH HEART TROUBLE OR PNEUMONIA - WHEN PRESUMED CONTRACTED IN COURSE OF EMPLOYMENT.
Latest version.
(a) For purposes of this Section 16.86-1, the term "Sheriff Member" shall mean (1) any Sheriff who assumed office on and after January 7, 2012; and (2) any under sheriff or deputized personnel of the Sheriffs Department hired on and after January 7, 2012.
(b) Subject to the limitations of subsections (c) and (d), whenever any Sheriff Member becomes incapacitated for the performance of his or her duty on account of heart trouble or pneumonia that develops or manifests itself while the Sheriff Member is in the service of the Sheriff's Department, that heart trouble or pneumonia shall be presumed to arise out of and in the course of his or her employment, unless there is evidence to the contrary.
(c) The provisions of this Section 16.86-1 shall apply only to Sheriff Members who have served a total of five or more years:
(1) in the Sheriff's Department; or,
(2) in a deputized position in another sheriff department in the State of California, provided that the Sheriff Member was: (A) entitled to the same presumption in his or her prior employment; and (B) became a member of the Sheriff's Department within six months of separating from the prior sheriff department employment.
(d) The presumption in subsection (b) of this Section 16.86-1 shall apply only to injuries or deaths occurring or after January 7, 2012, and only to applications for benefits under the San Francisco City and County Employees' Retirement System ("Retirement System"). In such cases, the Sheriff Member's prior safety service in another sheriff department in the state of California shall be used by the Retirement System to measure the date upon which the Sheriff Member would have completed at least twenty-five (25) years of service in the aggregate.
