Section 31720.97 - Disability retirement; presumption when injury is hernia or pneumonia(a) For purposes of a member who retires for disability from a system established under this chapter on the basis of being permanently incapacitated from the performance of their usual and customary duties because of an injury, as described in paragraph (1) of subdivision (c), it shall be presumed that the disability arose out of, or in the course of, the member's employment.(b) The presumption described in subdivision (a) may be rebutted by evidence to the contrary, but unless controverted, the board shall be bound to find in accordance with the presumption.(c) For the purpose of this section: (1) "Injury" means hernia or pneumonia.(2) "Member" means a member of a public retirement system, established under this chapter, whose job classification is listed in Section 3212 of the Labor Code.(d) This presumption shall additionally apply to a member following termination of service for a period of 3 calendar months for each full year of the requisite service, but shall not exceed 60 months regardless of the member's length of service, commencing with the last date the member actually worked in the classification specified in paragraph (2) of subdivision (c).Added by Stats 2023 ch 554 (AB 1020),s 8, eff. 1/1/2024.