BILL ANALYSIS
AB 2777
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CONCURRENCE IN SENATE AMENDMENTS
AB 2777 (Nation)
As Amended August 5, 2002
Majority vote
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|ASSEMBLY: |44-26|(May 16, 2002) |SENATE: |21-14|(August 12, |
| | | | | |2002) |
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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
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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
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319-3957
FN: 0006087