BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                  SB 1049|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1049
          Author:   Speier (D)
          Amended:  6/21/01
          Vote:     21

           
           SENATE PUBLIC EMP. & RET. COMMITTEE  :  3-2, 5/7/01
          AYES:  Soto, Karnette, Romero
          NOES:  Haynes, Oller

           SENATE FLOOR  :  24-11, 5/17/01
          AYES:  Alpert, Bowen, Burton, Chesbro, Dunn, Figueroa,  
            Karnette, Kuehl, Machado, McPherson, Murray, O'Connell,  
            Ortiz, Peace, Perata, Polanco, Romero, Scott, Sher, Soto,  
            Speier, Torlakson, Vasconcellos, Vincent
          NOES:  Ackerman, Battin, Brulte, Haynes, Johannessen,  
            Knight, Margett, McClintock, Monteith, Oller, Poochigian

           ASSEMBLY FLOOR  :  41-27, 7/9/01 - See last page for vote


           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  
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          the same survivor benefits now received by the spouses of  
          eligible county employees who die either before or after  
          retirement from county service.

           Assembly Amendments  (1) specify that when there is a  
          surviving dependent child, he or she will retain the death  
          and survivor benefit 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, and  
          (2) provide 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.

           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  
            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:

          1.Specifies 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 San  
            Mateo County for at least one year are eligible to  
            receive survivor benefits.

          3.Specifies that when there is a surviving dependent child,  







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            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.  Provides that if the  
            dependent child elects to receive a lump sum payment, the  
            payment will be shared proportionately among all  
            surviving dependent children and the domestic partner.

          4.Specifies that 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 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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  7/10/01)

          American Federation of State, County and Municipal  
          Employees (source)
          California Labor Federation, AFL-CIO
          California Alliance for Pride and Equality
          County of San Mateo
          Santa Barbara County Womens Political Committee

           ARGUMENTS IN SUPPORT  :    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  







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          upon death.


           ASSEMBLY FLOOR  : 
          AYES:  Alquist, Aroner, Calderon, Canciamilla, Cardenas,  
            Cedillo, Chan, Chavez, Chu, Cohn, Corbett, Correa, Diaz,  
            Dutra, Firebaugh, Frommer, Goldberg, Jackson, Keeley,  
            Kehoe, Koretz, Liu, Longville, Lowenthal, Migden, Nakano,  
            Nation, Negrete McLeod, Oropeza, Pavley, Shelley,  
            Simitian, Steinberg, Strom-Martin, Thomson, Vargas,  
            Wayne, Wesson, Wiggins, Wright, Hertzberg
          NOES:  Aanestad, Ashburn, Bates, Bogh, Briggs, Bill  
            Campbell, Cogdill, Cox, Daucher, Dickerson, Florez,  
            Harman, Hollingsworth, Kelley, La Suer, Leach, Leonard,  
            Leslie, Maddox, Maldonado, Mountjoy, Robert Pacheco, Rod  
            Pacheco, Pescetti, Strickland, Wyman, Zettel


          TSM:cm  7/10/01   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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