BILL ANALYSIS                                                                                                                                                                                                    
                                                                      AB 1136
                                                                      Page  1
         ASSEMBLY THIRD READING
         AB 1136 (Fong) 
         As Amended May 18, 2009
         Majority vote
          PUBLIC EMPLOYEES    5-0         APPROPRIATIONS      12-5        
          
          ------------------------------------------------------------------ 
         |Ayes:|Hernandez, Furutani,      |Ayes:|De Leon, Ammiano, Charles  |
         |     |Beall, Conway, Torrico    |     |Calderon, Davis, Fuentes,  |
         |     |                          |     |Hall, John A. Perez,       |
         |     |                          |     |Price, Skinner, Solorio,   |
         |     |                          |     |Torlakson, Krekorian       |
         |     |                          |     |                           |
         |-----+--------------------------+-----+---------------------------|
         |     |                          |Nays:|Nielsen, Duvall, Harkey,   |
         |     |                          |     |Miller,                    |
         |     |                          |     |Audra Strickland           |
         |     |                          |     |                           |
          ------------------------------------------------------------------ 
          SUMMARY  :  Permits, upon adoption by a county board of retirement, a  
         retired member of a county retirement system being operated under  
         the County Employees' Retirement Law of 1937 ('37 Act) to change  
         previously elected optional settlements, as specified.   
         Specifically,  this bill  :  
         1)Allows a '37 Act retired member, in order to provide for his or  
           her spouse, to revoke an optional settlement, as specified, if  
           all of the following apply:
            a)   The retired member retired on or before the date the  
              post-retirement spouse provision was made applicable in the  
              county from which he or she retired
            b)   The member was unmarried or had been married less than one  
              year at the time of retirement; and,
            c)   The application requirements, including requiring  
              notification of, and acknowledgement by, beneficiaries who may  
              be affected by the revocation, have been satisfied.
         2)Specifies that after revocation, the member's retirement  
           allowance will be adjusted prospectively to the amount he or she  
           would have been entitled to had they not elected an option and to  
           reflect any cost-of-living increases that would have been added  
           to the retirement allowance.
                                                                      AB 1136
                                                                      Page  2
         3)Specifies that the spouse, after revocation, would be entitled to  
           any provisions for which he or she may qualify, as if no optional  
           settlement had been elected by the member.
         4)Prohibits a retired member that has revoked an optional  
           settlement pursuant to these provisions from electing other  
           optional settlements.
         5)Specifies that the retirement system is under no obligation to  
           locate or otherwise contact retired members who may qualify for  
           these provisions.
         6)Specifies that any action taken pursuant to these provisions does  
           not excuse the obligation of a member to provide a continuing  
           benefit to a former spouse pursuant to a court order.
         7)Specifies that these provisions will not become effective in a  
           county until adopted by the county board of retirement.
          EXISTING LAW  permits a member of a '37 Act retirement system, prior  
         to the first payment of any retirement allowance, to elect certain  
         optional settlements, which reduce the allowance payable to the  
         member through his or her life and provide for a subsequent payment  
         to another party or parties, including a spouse.
         Upon the death of a '37 Act member who died after a service  
         retirement or non-service related disability and did not elect an  
         optional settlement, an allowance equaling 60% of his or her  
         retirement allowance will be continued throughout life to a  
         surviving spouse to whom he or she was married to for at least one  
         year prior to the effective date of retirement.
         AB 979 (Negrete McLeod), Chapter 441, Statutes of 2004, allowed,  
         upon adoption by a county board of supervisors, retired '37 Act  
         members, who marry after retirement, to purchase, at no cost to the  
         retirement system, an optional survivor benefit in order to  
         increase the survivor benefit that would be paid to their new  
         spouse if the member dies first.
          FISCAL EFFECT  :  According to the Assembly Appropriations Committee,  
         no direct effect on the state.  By requiring that information on  
         the revocation application be provided under penalty of perjury,  
         the bill contains a crime mandate, not state reimbursable.
          COMMENTS  :  According to the sponsor, the California Retired County  
                                                                      AB 1136
                                                                      Page  3
         Employees Association, "This bill is of importance to older  
         retirees in counties where the retirement plan was established  
         under the '37 Act.  In their case, they might have selected a  
         particular retirement option provided under the '37 Act because  
         what is commonly referred to as the 'post-retirement spouse  
         provision' had not yet been made applicable in their county.  In  
         fact, the 'post-retirement spouse provision' may not have even been  
         a part of the '37 Act at the time they retired.  This bill will  
         enable them to avail themselves of this provision if their life  
         circumstances have changed since retirement."
          Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916)  
         319-3957 
                                                                 FN: 0001095