BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1049|
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THIRD READING
Bill No: SB 1049
Author: Speier (D)
Amended: 5/9/01
Vote: 21
SENATE PUBLIC EMP. & RET. COMMITTEE : 3-2, 5/7/01
AYES: Soto, Karnette, Romero
NOES: Haynes, Oller
SUBJECT : County employees' retirement: domestic
partners: San
Mateo County
SOURCE : American Federation of State, County and
Municipal
Employees
DIGEST : This bill amends the County Employees Retirement
Act of 1937 ('37 Act) to permit the San Mateo County Board
of Supervisors 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 : Existing '37 Act law provides that:
1.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
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spouse, minor children are entitled).
2.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 before retirement). The 60 percent survivor
benefit is received by the surviving spouse until his or
her death.
This bill provides that:
1.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.
2.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.
3.This bill will only affect those employees who retire or
die after the effective date.
Similar Legislation
Similar legislation was SB 1410 (Speier), which passed the
Senate with a vote of 28-10, but was ultimately vetoed by
the Governor. In his veto message, the Governor states, 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."
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.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/9/01)
American Federation of State, County and Municipal
Employees (source)
California Labor Federation, AFL-CIO
California Alliance for Pride and Equality
TSM:cm 5/9/01 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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