BILL NUMBER: SB 1049	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 19, 2001
	PASSED THE ASSEMBLY  JULY 9, 2001
	AMENDED IN ASSEMBLY  JUNE 21, 2001
	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, 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.


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 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) In the event a member described in subdivision (a) has a
surviving dependent child, the surviving dependent child shall
receive the death and survivor's allowance until age 19 years or
until married, whichever occurs earlier, or until age 22 years if
attending an educational institution.  When the member's surviving
dependent child reaches age 19 years or is no longer a dependent,
whichever occurs earlier, or reaches age 22 years if attending an
educational institution, then the benefits accorded to a spouse, as
specified in subdivision (a), may be accorded to a domestic partner
pursuant to this section.  However, if a surviving dependent child
elects to receive a lump sum payment, the lump sum payment shall be
shared among any surviving dependent children and the domestic
partner, pursuant to this section, in a proportional manner.
   (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.