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
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