BILL NUMBER: SB 973 INTRODUCED BILL TEXT INTRODUCED BY Senator Kuehl (Principal coauthors: Assembly Members Goldberg, Koretz, Laird, and Leno) (Coauthor: Senator Kehoe) FEBRUARY 22, 2005 An act to add Section 24300.3 to the Education Code, and to add Sections 21451.5 and 31760.7 to the Government Code, relating to domestic partners, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 973, as introduced, Kuehl. Public employees' retirement: domestic partners. (1) Under the State Teachers' Retirement System, any member retiring from service may elect to receive his or her retirement allowance pursuant to specified options. Those allowances are made from the Teachers' Retirement Fund, a continuously appropriated fund. This bill would entitle a retired member and his or her domestic partner to elect or change any optional retirement allowance under the system, if specified criteria are satisfied. Because moneys in the Teachers' Retirement Fund would be used for a new purpose, the bill would make an appropriation. The bill would further provide that payments made thereto are not retroactive. (2) Under the Public Employees' Retirement System, any member retiring from service may elect to receive his or her retirement allowance pursuant to specified options. Those allowances are made from the Public Employees' Retirement Fund, a continuously appropriated fund. This bill would entitle a retired member and his or her domestic partner to elect or change any optional retirement allowance under the system, if specified criteria are satisfied. Because moneys in the Public Employees' Retirement Fund would be used for a new purpose, the bill would make an appropriation. The bill would further provide that payments made thereto are not retroactive. (3) Under the County Employees Retirement Law of 1937, any member retiring from service may elect to receive his or her retirement allowance pursuant to specified options. This bill would entitle a retired member and his or her domestic partner to the same entitlements as described above, if specified criteria are satisfied. Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 24300.3 is added to the Education Code , to read: 24300.3. (a) A retired member and his or her domestic partner shall be entitled to elect or change any optional retirement allowance pursuant to this chapter, if all of the following criteria are satisfied: (1) The retired member and domestic partner are currently registered as domestic partners with the Secretary of State, and provide a copy of their Certificate of Registered Domestic Partnership to the retirement system. (2) The retired member and domestic partner sign an affidavit stating that at the time prescribed by the retirement system for married spouses to elect an option, the member and partner would have qualified to be registered as domestic partners pursuant to Section 297 of the Family Code, and would have registered their partnership had state domestic partnership registration existed. (3) The retired member demonstrates that any two of the following were true at the time prescribed by the retirement system for married spouses to elect an option: (A) Domestic partnership registration prior to the system's election date with any other foreign, state, or local government. (B) Joint ownership of real property or an automobile. (C) Joint ownership of a bank account. (D) Joint signers on a lease for a residence. (E) Utilities bill accounts at same residence were held in both names, either separately or jointly. (4) In lieu of one of the criteria under paragraph (3), the retired member provides a signed affidavit from a person who knew the retired member and partner at the time of the retirement system's election date stating that the couple shared a common residence and would have met the qualifications of Section 297 of the Family Code at that time. (b) The retirement system has no obligation to locate or otherwise contact retired members who may qualify for allowances under the terms of this section. (c) Qualification under this section of domestic partners to receive allowances shall be prospective only. Domestic partners who qualify to receive prospective payment of an allowance shall not be eligible to recover payment retroactively for any period between the retired member's retirement date and the date of qualification under this section. (d) After the retirement system receives documentation from the retired member demonstrating that the member and his or her domestic partner qualify for allowances, the system has 60 days to verify documentation and initiate benefits or benefit status. SEC. 2. Section 21451.5 is added to the Government Code , to read: 21451.5. (a) A retired member and his or her domestic partner shall be entitled to elect or change any optional retirement allowance pursuant to this article, if all of the following criteria are satisfied: (1) The retired member and domestic partner are currently registered as domestic partners with the Secretary of State, and provide a copy of their Certificate of Registered Domestic Partnership to the retirement system. (2) The retired member and domestic partner sign an affidavit stating that at the time prescribed by the retirement system for married spouses to elect an option, the member and partner would have qualified to be registered as domestic partners pursuant to Section 297 of the Family Code, and would have registered their partnership had state domestic partnership registration existed. (3) The retired member demonstrates that any two of the following were true at the time prescribed by the retirement system for married spouses to elect an option: (A) Domestic partnership registration prior to the system's election date with any other foreign, state, or local government. (B) Joint ownership of real property or an automobile. (C) Joint ownership of a bank account. (D) Joint signers on a lease for a residence. (E) Utilities bill accounts at same residence were held in both names, either separately or jointly. (4) In lieu of one of the criteria under paragraph (3), the retired member provides a signed affidavit from a person who knew the retired member and partner at the time of the retirement system's election date stating that the couple shared a common residence and would have met the qualifications of Section 297 of the Family Code at that time. (b) The retirement system has no obligation to locate or otherwise contact retired members who may qualify for allowances under the terms of this section. (c) Qualification under this section of domestic partners to receive allowances shall be prospective only. Domestic partners who qualify to receive prospective payment of an allowance shall not be eligible to recover payment retroactively for any period between the retired member's retirement date and the date of qualification under this section. (d) After the retirement system receives documentation from the retired member demonstrating that the member and his or her domestic partner qualify for allowances, the system has 60 days to verify documentation and initiate benefits or benefit status. SEC. 3. Section 31760.7 is added to the Government Code , to read: 31760.7. (a) A retired member and his or her domestic partner shall be entitled to elect or change any optional retirement allowance pursuant to this article, if all of the following criteria are satisfied: (1) The retired member and domestic partner are currently registered as domestic partners with the Secretary of State, and provide a copy of their Certificate of Registered Domestic Partnership to the retirement system. (2) The retired member and domestic partner sign an affidavit stating that at the time prescribed by the retirement system for married spouses to elect an option, the member and partner would have qualified to be registered as domestic partners pursuant to Section 297 of the Family Code, and would have registered their partnership had state domestic partnership registration existed. (3) The retired member demonstrates that any two of the following were true at the time prescribed by the retirement system for married spouses to elect an option: (A) Domestic partnership registration prior to the system's election date with any other foreign, state, or local government. (B) Joint ownership of real property or an automobile. (C) Joint ownership of a bank account. (D) Joint signers on a lease for a residence. (E) Utilities bill accounts at same residence were held in both names, either separately or jointly. (4) In lieu of one of the criteria under paragraph (3), the retired member provides a signed affidavit from a person who knew the retired member and partner at the time of the retirement system's election date stating that the couple shared a common residence and would have met the qualifications of Section 297 of the Family Code at that time. (b) The retirement system has no obligation to locate or otherwise contact retired members who may qualify for allowances under the terms of this section. (c) Qualification under this section of domestic partners to receive allowances shall be prospective only. Domestic partners who qualify to receive prospective payment of an allowance shall not be eligible to recover payment retroactively for any period between the retired member's retirement date and the date of qualification under this section. (d) After the retirement system receives documentation from the retired member demonstrating that the member and his or her domestic partner qualify for allowances, the system has 60 days to verify documentation and initiate benefits or benefit status. ____ CORRECTIONS Heading--Add coauthor- ____