BILL NUMBER: AB 2777	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nation

                        FEBRUARY 25, 2002

   An act to amend and repeal Section 31780.2 of the Government Code,
relating to county employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2777, as introduced, Nation.  County employees' retirement:
death benefits.
   Under the County Employees Retirement Law of 1937, any death
benefits, optional retirement allowances, or survivor's allowances
accorded to a spouse, as specified, may be accorded to a domestic
partner in San Mateo County, subject to approval by the county board
of supervisors and certain limitations.
   This bill would also make these provisions applicable to Santa
Barbara County, subject to approval by the county board of
supervisors, and would delete a redundant provision of law.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 31780.2 of the Government Code, as added by
Chapter 893 of the Statutes of 2001, is amended to read:
   31780.2.  (a) In a county of the 10th class  or the 16th class
 , as defined in Sections 28020  and   ,
 28031,  and 28037,  any benefits accorded to a spouse
pursuant to this article and Article 11 (commencing with Section
31760), Article 15.5 (commencing with Section 31841), Article 15.6
(commencing with Section 31855), and Article 16 (commencing with
Section 31861), or any of them, may be accorded to a domestic
partner, as defined in Section 297 of the Family Code, and registered
pursuant to Division 2.5 (commencing with Section 297) of the Family
Code, provided that the member and the member's domestic partner
have a current Affidavit of Domestic Partnership, in the form adopted
by the county board of supervisors, on file with the county for at
least one year prior to the member's retirement or death prior to
retirement.
   (b) In the event a member described in subdivision (a) has a
surviving dependent child, the surviving dependent child shall
receive the death and survivor's allowance until age 19 years or
until married, whichever occurs earlier, or until age 22 years if
attending an educational institution.  When the member's surviving
dependent child reaches age 19 years or is no longer a dependent,
whichever occurs earlier, or reaches age 22 years if attending an
educational institution, then the benefits accorded to a spouse, as
specified in subdivision (a), may be accorded to a domestic partner
pursuant to this section.  However, if a surviving dependent child
elects to receive a lump sum payment, the lump sum payment shall be
shared among any surviving dependent children and the domestic
partner, pursuant to this section, in a proportional manner.
   (c) This section shall not be operative unless and until the
county board of supervisors, by resolution adopted by a majority
vote, makes this section operative in the county.
  SEC. 2.  Section 31780.2 of the Government Code, as added by
Chapter 146 of the Statutes of 2001, is repealed.  
   31780.2.  (a) In a county of the 10th class, as defined in
Sections 28020 and 28031, any benefits accorded to a spouse pursuant
to this article and Article 11 (commencing with Section 31760),
Article 15.5 (commencing with Section 31841), Article 15.6
(commencing with Section 31855), and Article 16 (commencing with
Section 31861), or any of them, may be accorded to a domestic
partner, as defined in Section 297 of the Family Code, provided that
the member and the member's domestic partner have a current Affidavit
of Domestic Partnership, in the form adopted by the county board of
supervisors, on file with the county for at least one year prior to
the member's retirement or death prior to retirement.
   (b) In the event a member described in subdivision (a) has a
surviving dependent child, the surviving dependent child shall
receive the death and survivor's allowance until age 19 years or
until married, whichever occurs earlier, or until age 22 years if
attending an educational institution.  When the member's surviving
dependent child reaches age 19 years or is no longer a dependent,
whichever occurs earlier, or reaches age 22 years if attending an
educational institution, then the benefits accorded to a spouse, as
specified in subdivision (a), may be accorded to a domestic partner
pursuant to this section.  However, if a surviving dependent child
elects to receive a lump sum payment, the lump sum payment shall be
shared among any surviving dependent children and the domestic
partner, pursuant to this section, in a proportional manner.
   (c) This section shall not be operative unless and until the
county board of supervisors, by resolution adopted by a majority
vote, makes this section operative in the county.