BILL NUMBER: SB 1049	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 27, 2001

INTRODUCED BY   Senator Speier

                        FEBRUARY 23, 2001

   An act to add  Sections 31678.3 and   Section
 31780.2 to the Government Code, relating to county employees'
retirement.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1049, as amended, Speier.  County employees' retirement:
 benefits   domestic partners:  San Mateo County
 . 
   (1) The existing County Employees Retirement Law of 1937
authorizes adoption of various formulae for calculation of retirement
allowances, including a 2% at age 551/2 formula, and provides that a
member's allowance shall be calculated under any one formula only
for the period of time that the formula was in effect in the county.

   This bill would provide that in San Mateo County, subject to the
approval of the board of supervisors, calculation of a member's
allowance under the 2% at age 551/2 formula shall be based on all of
the member's eligible service credit, as defined.
   (2) Under  
   Under  the existing County Employees Retirement Law of 1937,
death benefits and survivor's  allowance  
allowances  are payable to the surviving spouse or children of a
deceased member, as specified.
   This bill would provide that in San Mateo County, subject to the
approval of the board of supervisors, death benefits and survivor's
allowances may be payable to a member's surviving domestic partner,
as specified.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 31678.3 is added to the Government Code, to
read:
   31678.3.  (a) This section shall only be applicable in a county of
the 10th class, as defined in Sections 28020 and 28031.
   (b) Notwithstanding Section 31678, benefits calculated in
accordance with Section 31676.14 shall be based upon all eligible
service credit earned by the member since becoming a member.
   (c) This section shall not be operative unless and until the
county board of supervisors, by resolution adopted by a majority
vote, makes this section operative in the county.
   (d) For purposes of this section, "eligible service credit" means
the service credit earned as a member of the tier or tiers eligible
for benefits under Section 31676.14, as specified in the resolution
of the board of supervisors.
   (e) This section shall apply only to benefits payable to members
who retire on or after the effective date specified in the resolution
of the board of supervisors.
  SEC. 2.   
  SECTION 1.   Section 31780.2 is added to the Government Code,
to read:
   31780.2.  (a) In a county of the 10th class, as defined in
Sections 28020 and 28031, any benefits accorded to a spouse pursuant
to this article and Article 11 (commencing with Section 31760),
Article 15.5 (commencing with Section 31841), Article 15.6
(commencing with Section 31855), and Article 16 (commencing with
Section 31861), or any of them, may be accorded to a domestic
partner, as defined in a resolution adopted by the county board of
supervisors  consistent with the requirements of subdivision (b)
 , provided that the member and the member's domestic partner
have a current Affidavit of Domestic Partnership, in the form adopted
by the county board of supervisors, on file with the county for at
least one year prior to the member's retirement or death prior to
retirement.
   (b)  For purposes of this section, a domestic partnership may
be established between two adults of the same sex or, if both persons
meet the eligibility criteria under Title II of the Social Security
Act as defined in Section 402(a) of Title 42 of the United States
Code for old-age insurance benefits, two persons of the opposite sex.
  In no event may two persons of the opposite sex constitute a
domestic partnership unless both persons are over the age of 62
years.
   (c)  This section shall not be operative unless and until the
county board of supervisors, by resolution adopted by a majority
vote, makes this section operative in the county.