BILL NUMBER: AB 266	CHAPTERED  07/22/03

	CHAPTER  79
	FILED WITH SECRETARY OF STATE  JULY 22, 2003
	APPROVED BY GOVERNOR  JULY 21, 2003
	PASSED THE SENATE  JULY 7, 2003
	PASSED THE ASSEMBLY  MAY 15, 2003
	AMENDED IN ASSEMBLY  MAY 8, 2003

INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 4, 2003

   An act to amend Section 31780.2 of the Government Code, relating
to county employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 266, Mullin.  County employees' retirement:  San Mateo County.
   Existing law authorizes the San Mateo County Board of Supervisors,
among others, to provide specified benefits to the surviving
domestic partner of a member of the county's retirement system.
   This bill would authorize that board of supervisors to implement
those benefits through collective bargaining and based on actuarial
cost estimates.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 31780.2 of the Government Code is amended to
read:
   31780.2.  (a) In a county of the 1st class, the 10th class, the
16th class, or the 18th class, as defined in Sections 28020, 28022,
28031, 28037, and 28039, any benefits accorded to a spouse pursuant
to this article and Article 11 (commencing with Section 31760),
Article 15.5 (commencing with Section 31841), Article 15.6
(commencing with Section 31855), and Article 16 (commencing with
Section 31861), or any of them, may be accorded to a domestic
partner, as defined in Section 297 of the Family Code, who is
registered with the Secretary of State pursuant to Division 2.5
(commencing with Section 297) of the Family Code.  The county may
also require the member and the member's domestic partner to have a
current Affidavit of Domestic Partnership, in the form adopted by the
county board of supervisors, on file with the county for at least
one year prior to the member's retirement or death prior to
retirement.
   (b) If a member has a domestic partner described in subdivision
(a) and has a surviving dependent child, the surviving dependent
child shall receive the death and survivor's allowance until the age
of 19 years or until married, whichever occurs earlier, or until the
age of 22 years if attending an educational institution.  When the
member's surviving dependent child reaches the age of 19 years or is
no longer a dependent, whichever occurs earlier, or reaches the age
of 22 years if attending an educational institution, then the
benefits accorded to a spouse, as specified in subdivision (a), may
be accorded to the member's domestic partner pursuant to this
section.  However, if a surviving dependent child elects to receive a
lump-sum payment, the lump-sum payment shall be shared among any
surviving dependent children and the domestic partner, pursuant to
this section, in a proportional manner.
   (c) This section is not operative unless and until the county
board of supervisors, by resolution adopted by a majority vote, makes
this section operative in the county.  In a county of the 10th
class, as defined in Sections 28020 and 28031, the county board of
supervisors may  implement the benefits described in this section as
determined through the collective bargaining process and based on
actuarial cost estimates.