BILL ANALYSIS                                                                                                                                                                                                    






          SENATE PUBLIC EMPLOYMENT & RETIREMENT    BILL NO: SB 1049
          Nell Soto, Chair                Hearing date: May 7, 2001
          SB 1049 (Speier) as amended 5/2/01           FISCAL:   NO
           
           '37 ACT:  SAN MATEO COUNTY:  "DOMESTIC PARTNER" SURVIVOR  
          BENEFIT MADE OPTIONAL TO THE SAN MATEO COUNTY BOARD OF  
          SUPERVISORS
           

           HISTORY  :

              Sponsor:  American Federation of State, County and  
          Municipal
                    Employees (AFSCME)

              Prior legislation:  SB 1410 (Speier) 2000
                          Vetoed

           
          SUMMARY  :
          
          Would amend the County Employees Retirement Act of 1937 ('37  
          Act) to permit the San Mateo County Board of Supervisors to  
          adopt a resolution to provide that  "domestic partners"  of  
          San Mateo county employees (as defined) will be eligible for  
          the same survivor benefits now received by the spouses of  
          eligible county employees who die either before or after  
          retirement from county service.

           
          ANALYSIS  :
          
          1)   Existing '37 Act law  provides that:

            a)  only spouses (husbands and wives) of eligible county  
            employees are entitled to survivor benefits provided by the  
            county retirement system when an eligible county employee  
            dies either before or after retirement (if no spouse, minor  
            children are entitled),

            b)  basically, the survivor benefit for a non-service  
            connected death is 60 percent of the retirement benefit the  
            member was receiving (for a death after retirement), or was  
            entitled to receive (for a death of an eligible member  
          David Felderstein                                    SB 1049
          Date:  5/01/01                                         Page 1  









            before retirement).  The 60 percent survivor benefit is  
            received by the surviving spouse until his or her death.

          2)   This bill  provides that:

            a)   same sex domestic partners  , or  opposite sex domestic  
            partners over age 62  of San Mateo County employees will be  
            eligible for the same survivor benefits received by spouses  
            of county employees,




            b)  only domestic partners of county employees who meet the  
            above criteria and for whom there has been an Affidavit of  
            Domestic Partnership on file with San Mateo County for at  
            least one year are eligible to receive survivor benefits,  
            and

            c)  this section will not take effect until adopted by the  
            San Mateo County Board of Supervisors, and will only affect  
            those employees who retire or die after the effective date.


           COMMENTS  :

          1)  Blood relatives cannot be considered domestic partners  
          under any circumstances.

          2)  Governor Davis vetoed a similar bill last session.  In  
          his veto message, the Governor stated, in pertinent part:

            "This bill would allow San Mateo County to?provide new  
            domestic partner benefits using a definition of domestic  
            partners that goes far beyond that of the State program.   
            For these reasons I can not support this bill."

          The committee is advised that  this bill  , as amended 5/2/01,  
          provides a definition of domestic partner that is consistent  
          with existing law to try to satisfy to Governor's concerns in  
          the above veto message.

          3)   SUPPORT  :

          David Felderstein                                    SB 1049
          Date:  5/01/01                                         Page 2  









               California Labor Federation, AFL-CIO
               California Alliance for Pride and Equality (CAPE)

          4)   OPPOSITION  :

               None to date.

                                    # # # # #



































          David Felderstein                                    SB 1049
          Date:  5/01/01                                         Page 3