BILL NUMBER: SB 85	CHAPTERED  10/11/03

	CHAPTER  780
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2003
	APPROVED BY GOVERNOR  OCTOBER 10, 2003
	PASSED THE SENATE  SEPTEMBER 2, 2003
	PASSED THE ASSEMBLY  AUGUST 28, 2003
	AMENDED IN ASSEMBLY  AUGUST 25, 2003
	AMENDED IN ASSEMBLY  JUNE 18, 2003

INTRODUCED BY   Senator Torlakson

                        JANUARY 23, 2003

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 85, Torlakson.  County employees' retirement:  death benefits.
   Under the County Employees Retirement Law of 1937, any death
benefits, optional retirement allowances, or survivor's allowances
accorded to a spouse, as specified, may be accorded to a domestic
partner in San Mateo County, Los Angeles County, Santa Barbara
County, and Marin County, subject to approval by the county board of
supervisors and other limitations, including, but not limited to, the
accordance of those benefits and allowances to a surviving dependent
child, if any, until 19 years of age or until married, or 22 years
of age if attending an educational institution.
   This bill would instead accord those benefits and allowances to a
domestic partner when the surviving dependent child, if any, turns 18
years of age, or 22 years of age if  enrolled as a full-time student
in an accredited educational institution.  The bill would also make
those provisions listed above applicable to all counties in
California, and would authorize the San Mateo County Board of
Supervisors to implement those benefits in a specified manner.


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) 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 described in subdivision (a) has a surviving
dependent child, the surviving dependent child shall receive the
death and survivor's allowance until 18 years of age or until
married, whichever occurs earlier, or until 22 years of age if
enrolled as a full-time student in an accredited educational
institution.  When the member's surviving dependent child reaches 18
years of age or is no longer a dependent, whichever occurs earlier,
or reaches 22 years of age if enrolled as a full-time student in an
accredited educational institution, then the benefits accorded to a
spouse, as specified in subdivision (a), may be accorded to a
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.