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
CONTINUED
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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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