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.