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 andSection 31780.2 to the Government Code, relating to county employees' retirement. LEGISLATIVE COUNSEL'S DIGEST SB 1049, as amended, Speier. County employees' retirement: benefitsdomestic 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) UnderUnder the existing County Employees Retirement Law of 1937, death benefits and survivor's allowanceallowances 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.