BILL NUMBER: SB 1049	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 9, 2001
	AMENDED IN SENATE  MAY 2, 2001
	AMENDED IN SENATE  MARCH 27, 2001

INTRODUCED BY   Senator Speier

                        FEBRUARY 23, 2001

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1049, as amended, Speier.  County employees' retirement:
domestic partners:  San Mateo County.
   Under the existing County Employees Retirement Law of 1937, death
benefits and survivor's 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 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)   Section 297 of the Family Code  , 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 or Title XVI of the Social
Security Act as defined in Section 1381 of Title 42 of the United
States Code for aged individuals, 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)  
   (b)  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.