S.B. 1312 Summary

• Establishes new statutory definitions for "accident," "actual performance of duty," "definite and exact time and place," "incapacitated for duty," and "occupational hazard" for Employees' Retirement System eligibility determinations.

• Defines "accident" as a single traumatic unlooked-for mishap that is not a risk inherent in routine job duties, interrupts normal performance of duty, and naturally and proximately results in permanent incapacity or death.

• Clarifies that permanent incapacity or death primarily caused by natural deterioration, degeneration, or progression of a pre-existing condition does not qualify for service-connected disability or accidental death benefits unless the pre-existing condition itself was caused by an occupational hazard.

• Shifts burden of proof to members or applicants claiming service-connected disability or accidental death benefits to prove by preponderance of the evidence that their incapacity or death was not primarily caused by a pre-existing condition.

• Effective January 1, 2050, and does not affect rights, duties, or proceedings that matured or began before the effective date.