BILL ANALYSIS AB 2777 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2777 (Nation) As Amended August 5, 2002 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |44-26|(May 16, 2002) |SENATE: |21-14|(August 12, | | | | | | |2002) | ----------------------------------------------------------------- Original Committee Reference: P.E.,R. & S.S. SUMMARY : Authorizes the Los Angeles County Board of Supervisors, 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. The Senate amendments add Los Angeles County to this bill, require registration of the domestic partnership with the Secretary of State, and allow the counties to decide if a current Affidavit of Domestic Partnership (ADP) needs to be on file with the county in order to qualify for the benefits. 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. 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. AS PASSED BY THE ASSEMBLY , this bill: 1)Provided 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)Specified that only domestic partners of county employees who AB 2777 Page 2 meet the above criteria and for whom there has been an ADP on file with the county for at least one year prior to the member's death are eligible to receive the survivor benefits. 3)Specified 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)Specified that these provisions will not take effect in Santa Barbara or Marin County until adopted by the board of supervisors of that county. FISCAL EFFECT : Unknown COMMENTS : According to the sponsor of this 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." Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916) AB 2777 Page 3 319-3957 FN: 0006087