BILL ANALYSIS
AB 2777
Page 1
Date of Hearing: May 1, 2002
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Sally Havice, Chair
AB 2777 (Nation) - As Amended: April 8, 2002
SUBJECT : County employees' retirement: death benefits.
SUMMARY : Authorizes the Santa Barbara County Board of
Supervisors and the Marin County Board of Supervisors to adopt a
resolution providing domestic partners of employees in those
counties the same survivor benefits now received by spouses of
eligible county employees. Specifically, this bill :
1)Provides that same sex domestic partners, or opposite sex
domestic partners over age 62, of Santa Barbara County and
Marin County employees will be eligible for the same survivor
benefits received by spouses of county employees.
2)Specifies that only domestic partners of county employees who
meet the above criteria and for whom there has been an
Affidavit of Domestic Partnership on file with the county for
at least one year prior to the member's death are eligible to
receive the survivor benefits.
3)Specifies that when there is a surviving dependent child, he
or she will retain the death and survivor benefits until the
child reaches age 19, marries, or turns age 22 if enrolled in
college at which time the benefits may be accorded the
domestic partner. Also provides that if the dependent child
elects to receive a lump sum payment, the payment will be
shared proportionally among all surviving dependent children
and the domestic partner.
4)Specifies that these provisions will not take effect in Santa
Barbara or Marin County until adopted by the board of
supervisors of that county.
EXISTING LAW , as contained in the County Employees' Retirement
Law of 1937 ('37 Act) generally provides that only spouses of
eligible county employees are entitled to survivor benefits
provided by the county retirement system when an eligible county
employee dies either before or after retirement.
AB 2777
Page 2
However, SB 1049 (Speier), Chapter 146, Statutes of 2001,
authorized the San Mateo County Board of Supervisors to adopt a
resolution providing domestic partners of San Mateo County
employees the same survivor benefits now received by spouses of
eligible county employees.
FISCAL EFFECT : Unknown
COMMENTS : According to the sponsor of the bill, the County of
Santa Barbara, "The status of legal marriage governs the
provisions of many employment benefits, including retirement
benefits. Because same sex couples are not afforded the right
to marry, they are denied the benefits associated with the legal
status of marriage. Accordingly, the County is seeking to make
available to a surviving domestic partner, retirement benefits
currently available to a surviving spouse."
Supporters also state, "AB 2777 is the next step in our nation's
fight toward fair and equal treatment of all people. By
extending basic rights and privileges, to include domestic
partnerships, our state will be upholding the fundamental truth
of our nation; all people are created equal and deserve to be
treated as such."
Opponents state that this bill would allow these counties to
"use taxpayer money to pay spousal-equivalent benefits to a
homosexual 'domestic partner' of a county employee who dies. By
equating a homosexual partner with a husband or wife, this bill
further cheapens the value of marriage, forces taxpayers to pay
for it, and undermines the vote of the people as expressed
through Proposition 22, the Protection of Marriage Initiative."
REGISTERED SUPPORT / OPPOSITION :
Support
County of Santa Barbara (Sponsor)
American Federation of State, County and Municipal Employees
California Alliance for Pride and Equality
California Independent Public Employees Legislative Council
City of West Hollywood City Council
Marin County Board of Supervisors
Service Employees International Union
The Lambda Letters Project
AB 2777
Page 3
Opposition
Campaign for California Families
Analysis Prepared by : Karon Green / P.E., R. & S.S. /
(916)319-3957