BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2777| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED AB 2777 Page 2 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 AB 2777 Page 3 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 AB 2777 Page 4 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 **** END ****