BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                  AB 2777|
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                                 THIRD READING


          Bill No:  AB 2777
          Author:   Nation (D), et al
          Amended:  6/6/02 in Senate
          Vote:     21

           
           SENATE PUBLIC EMP. & RET. COMMITTEE :  3-1, 6/10/02
          AYES:  Soto, Karnette, Romero
          NOES:  Oller

           ASSEMBLY FLOOR  :  44-26, 5/16/02 - See last page for vote


           SUBJECT  :    County employees' retirement:  death benefits

           SOURCE  :     County of Santa Barbara


           DIGEST  :    This bill makes domestic partners in specified  
          categories eligible for certain death benefits and survivor  
          benefits subject to approval by the board of supervisors;  
          only applies to Santa Barbara, Los Angeles and Marin  
          Counties, which provide retirement benefits under the  
          County Employees' Retirement Law of 1937 ('37 Act).

           ANALYSIS  :     Existing '37 Act law  :

          1. Provides, generally, 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, and

          2. Authorizes the San Mateo County Board of Supervisors to  
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             adopt a resolution providing domestic partners of San  
             Mateo County employees the same survivor benefits now  
             received by spouses of eligible county employees.

          This bill:

          1. Provides that same sex domestic partners (opposite sex  
             domestic partners over age 62) of Santa Barbara, Los  
             Angeles 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);

          4. 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; and

          5. Specifies that these provisions will not take effect in  
             Santa  Barbara, Los Angeles or Marin County until  
             adopted by the board of supervisors of that county.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/13/02)

          County of Santa Barbara (source)
          American Federation of State, County and Municipal  
          Employees
          Board of Supervisors of Marin County
          California Alliance for Pride and Equality







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          California Independent Public Employees Legislative Council
          California Professional Fire Fighters
          California Professional Firefighters
          City of West Hollywood 
          Lambda Letters Project
          Los Angeles County Board of Supervisors
          Los Angeles County District Attorney
          Los Angeles County Sheriff's Department, Leroy Baca
          Michael P. Judge, Law Offices Los Angeles County Public  
          Defender
          Service Employees International Union

           OPPOSITION  :    (Verified  6/13/02)

          Campaign for California Families

           ARGUMENTS IN SUPPORT  :    According to Santa Barbara County,  
          the sponsor of this bill:

          "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."

           ARGUMENTS IN OPPOSITION  :    According to the Senate Public  
          Employment and Retirement Committee analysis, opponents  
          state that this bill would allow these counties to:

            "?use taxpayers money to pay spousal-equivalent benefits  
            to a homosexual "domestic partner" of a county employee  
            who dies.  By equating a homosexual partner with a  







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            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."

           ASSEMBLY FLOOR  :
          AYES:  Alquist, Aroner, Calderon, Canciamilla, Cardenas,  
            Chan, Chavez, Chu, Cohn, Corbett, Diaz, Dutra, Firebaugh,  
            Frommer, Goldberg, Hertzberg, Horton, Jackson, Keeley,  
            Kehoe, Koretz, Liu, Longville, Lowenthal, Migden, Nakano,  
            Nation, Negrete McLeod, Oropeza, Papan, Pavley, Reyes,  
            Salinas, Shelley, Simitian, Steinberg, Strom-Martin,  
            Thomson, Vargas, Washington, Wayne, Wiggins, Wright,  
            Wesson
          NOES:  Aanestad, Ashburn, Bogh, Briggs, Bill Campbell,  
            Cogdill, Cox, Dickerson, Florez, Harman, Hollingsworth,  
            Kelley, La Suer, Leach, Leonard, Leslie, Maldonado,  
            Mountjoy, Robert Pacheco, Rod Pacheco, Pescetti, Runner,  
            Strickland, Wyland, Wyman, Zettel


          TSM:jk  6/13/02   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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