BILL ANALYSIS
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: AB 2777
Nell Soto, Chair Hearing date: June 10, 2002
AB 2777 (Nation) as amended June 6, 2002 FISCAL: NO
'37 ACT COUNTY EMPLOYEES' RETIREMENT LAW : SURVIVOR AND DEATH
BENEFITS
HISTORY :
Sponsor: County of Santa Barbara
Prior legislation: SB 1049 (Speier)
Chapter 146 of 2001
ASSEMBLY VOTES :
PER & SS 4-2 05/01/02
Assembly Floor 44-26 05/16/02
SUMMARY :
Would make 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).
BACKGROUND AND ANALYSIS :
1) Existing '37 Act law :
a) 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
b) pursuant to Chapter 146 of 2001, authorizes 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.
2) This bill :
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Date: 6/3/02 Page 1
a) 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,
b) 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,
c) 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),
d) 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
e) 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 .
COMMENTS :
1) 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
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Date: 6/3/02 Page 2
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."
2) ARGUMENTS IN OPPOSITION
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 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."
3) SUPPORT :
Santa Barbara County Board of Supervisors
Board of Supervisors of Marin County
California Alliance for Pride and Equality (CAPE)
Lambda Letters Project
American Federation of State, County and Municipal Employees
(AFSCME)
Service Employees International Union (SEIU)
California Independent Public Employees Legislative Council
(CIPELC)
Los Angeles County Board of Supervisors
Los Angeles County Sheriff's Department, Leroy Baca
City of West Hollywood
Michael P. Judge, Law Offices Los Angeles County Public
Defender
California Professional Firefighters
4) OPPOSITION :
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Date: 6/3/02 Page 3
Campaign for California Families
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