BILL ANALYSIS                                                                                                                                                                                                    
          SENATE PUBLIC EMPLOYMENT & RETIREMENT    BILL NO: AB 1136
          Lou Correa, Chair             Hearing date: June 22, 2009
          AB 1136 (Fong)    as amended  5/18/09       FISCAL:   YES
           '37 ACT:  CHANGE PREVIOUSLY ELECTED SURVIVOR OPTIONS
           
           HISTORY  :
              Sponsor:  California Retired County Employees Association  
          (CRCEA)
              Prior legislation:  AB 979 (Negrete McLeod),
                         Chapter 441 of 2004
           ASSEMBLY VOTES  :
              PER & SS             5-0       5/06/09
              Appropriations       12-5      5/28/09
              Assembly Floor       52-26     6/01/09
           
          SUMMARY  :
          Would permit, 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 survivor settlements,  
          as specified.
           BACKGROUND AND ANALYSIS  :
          1)   Existing '37 Act law  :
            a)  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,
            b)  provides that, 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  
          David Felderstein
          Date:  6/04/09                                        Page 1 
            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, and
            c)   pursuant to Chapter 441 of 2004  , allows, 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.
          David Felderstein
          Date:  6/04/09                                        Page 2 
          2)   This bill  :
            a)  allows a '37 Act retired member, in order to provide  
            for his or her spouse, to  revoke  an optional settlement, as  
            specified, if  both  of the following apply:
              - the member retired on or before the date the  
              post-retirement spouse provision was made applicable in  
              the county from which they retired, and
              - the member was unmarried or had been married less than  
              one year at the time of retirement,
            b)  requires the signature of the designated beneficiary,
            c)  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,
            d)  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,
            e)  prohibits a retired member that has revoked an optional  
            settlement pursuant to these provisions from electing other  
            optional settlements,
            f)  specifies that the retirement system is under no  
            obligation to locate or otherwise contact retired members  
            who may qualify for these provisions,
            g)  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, and
            h)  specifies that these provisions will not become  
            effective in a county until adopted by the county board of  
            retirement.
          David Felderstein
          Date:  6/04/09                                        Page 3 
           FISCAL EFFECT  :
          
             Unknown
          David Felderstein
          Date:  6/04/09                                        Page 4 
           COMMENTS  :
          
          1)   Arguments in support  
          According to the sponsor, CRCEA:
            "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."
               
          2)   SUPPORT  :
               American Federation of State, County and Municipal  
          Employees, (AFSCME)      
               American Federation of State, County and Municipal  
          Employees, Local 685     
               Association for Los Angeles Deputy Sheriffs
               Glendale City Employees Association
               Los Angeles Probation Officers' Union
               Organization of SMUD Employees     
               Peace Officer's Research Association of California  
          (PORAC)
               San Bernardino Public Employees Association
               San Luis Obispo County Employees Association
               Santa Rosa City Employees Association     
          3)   OPPOSITION  :
               None to date
          David Felderstein
          Date:  6/04/09                                        Page 5 
                                      #####
          David Felderstein
          Date:  6/04/09                                        Page 6