Article 17 - Mixed Martial Arts Retirement Benefit Fund

California Business and Professions Code — §§ 18888-18888.12

Sections (5)

Added by Stats. 2023, Ch. 466, Sec. 1. (AB 1136) Effective January 1, 2024.

The Legislature finds and declares all of the following:

(a)Many Californians find a need, purpose, and great benefit in participating in combat sports.
(b)That professional athletes licensed under this chapter, as a group, for many reasons, do not retain their earnings, and are often injured or destitute, or both, and unable to take proper care of themselves, whether financially or otherwise, and that the enactment of this article is to serve a public purpose by making provisions for a needy group to insure a modicum of financial security for professional athletes.
(c)Athletes licensed under this chapter may suffer extraordinary

disabilities in the normal course of their trade. These may include acute and chronic traumatic brain injuries, resulting from multiple concussions as well as from repeated exposure to a large number of subconcussive punches and kicks, eye injuries, including retinal tears, holes, and detachments, and other neurological impairments.

(d)The retirement benefit plan of the commission is part of the state’s health and safety regulatory scheme, designed to protect professional athletes, including mixed martial artists, licensed under this chapter from the health-related hazards of their trade. The retirement benefit plan addresses those health and safety needs, recognizing the disability and health maintenance expenses those needs may require.
(e)The regulatory system of California is interrelated with the conduct of the trade in every jurisdiction. Athletes licensed under this

chapter participate in contests in other states and many athletes who are based in those other jurisdictions may participate in California on a single-event basis.

(f)The outcomes and natures of fights in other jurisdictions are relevant to California regulatory jurisdiction and are routinely monitored for health and safety reasons, so that, for example, a knockout of an athlete licensed under this chapter in another jurisdiction is paid appropriate heed with respect to establishing a waiting period before that athlete may commence fighting in California.
(g)The monitoring of other jurisdictions is an integral part of the health and safety of California athletes licensed under this chapter due to the interstate nature of the trade, and therefore the regulatory scheme for contests and athletes under this chapter should reflect this

accordingly.

Added by Stats. 2023, Ch. 466, Sec. 1. (AB 1136) Effective January 1, 2024.

For purposes of this article:

(a)“Beneficiary” means a person entitled under this article to receive benefits after the death of a participating martial artist.
(b)“Martial artist” means a licensed professional mixed martial artist, licensed professional kickboxer, licensed professional Muay Thai fighter, or athlete licensed by the commission other than a boxer.
(c)“Mixed martial arts contest” shall mean a professional martial arts contest approved by the commission, including kickboxing and Muay Thai, other than boxing.
(d)“MMA Fund” means the Mixed Martial Arts

Retirement Benefit Fund created pursuant to Section 18888.2.

(e)“Participating martial artist” means a martial artist who participates in a commission-sanctioned contest in the state on or after January 1, 2024, and who is, or may become, eligible to receive a benefit under this article or whose beneficiary may be eligible to receive that benefit.
(f)“Regular account” means the account maintained by the commission, or its designee, on the records of the MMA Fund for each participating martial artist representing allocations of contributions, adjusted for withdrawals, income, expenses, and released and unrealized gains and losses attributable thereto.

Added by Stats. 2023, Ch. 466, Sec. 1. (AB 1136) Effective January 1, 2024.

(a)The administration of the MMA Fund shall be contingent upon the availability of funds collected pursuant to paragraph (2) of subdivision (b) of Section 18888.2, which do not divert or detract from funds currently utilized to fund existing functions of the commission.
(b)In the absence of funding adequate to meet the requirements of this article, this article does not impose any obligations upon the department, the commission, or the MMA Fund.

Added by Stats. 2023, Ch. 466, Sec. 1. (AB 1136) Effective January 1, 2024.

This article shall not be construed to create a liability on the General Fund, and the General Fund shall not be used to offset or fund any liabilities attributed to the operation of the MMA Fund.

Added by Stats. 2023, Ch. 466, Sec. 1. (AB 1136) Effective January 1, 2024.

Moneys collected pursuant to this article shall not be used to fund boxer benefits under Article 16 (commencing with Section 18880).