BILL ANALYSIS
SB 1049
Page 1
SENATE THIRD READING
SB 1049 (Speier)
As Amended June 20, 2001
Majority vote
SENATE VOTE :24-11
PUBLIC EMPLOYEES 4-2
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|Ayes:|Canciamilla, Chan, | | |
| |Firebaugh, Strom-Martin | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Briggs, Pescetti | | |
| | | | |
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SUMMARY : Authorizes the San Mateo County Board of Supervisors
to adopt a resolution providing domestic partners of San Mateo
County employees the same survivor benefits now received by
spouses of eligible county employees. Specifically, this bill :
1)Provides that 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)Specifies that 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 the county for
at least one year prior to the member's death are eligible to
receive the survivor benefits.
3)Specifies that when there is a surviving dependent child, he
or she will retain the death and survivor benefits until the
child reaches age 19, marries, or turns age 22 if enrolled in
college at which time the benefits may be accorded the
domestic partner. Also provides that if the dependent child
elects to receive a lump sum payment, the payment will be
shared proportionally among all surviving dependent children
and the domestic partner.
4)Specifies that these provisions will not take effect until
adopted by the San Mateo County Board of Supervisors.
SB 1049
Page 2
EXISTING LAW , provides, as contained in the County Employees'
Retirement Law of 1937 ('37 Act), that only spouses 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).
FISCAL EFFECT : Unknown
COMMENTS : Supporters contend that this bill will help San
Mateo County retain the services of valuable employees in a
domestic partner relationship by making it possible for these
employees to provide for their partners upon death.
This bill is similar to SB 1410 (Speier) of 2000 which was
vetoed by the Governor. In his veto message, the Governor
stated, in part, that, "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 cannot support this bill."
The author attempted to address the Governor's concerns by
amending this bill in the Senate to use the definition of
domestic partner that is contained in the Family Code.
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0001644