BILL NUMBER: AB 1355	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 27, 2009

   An act to amend Sections 31855.5, 31855.6, 31855.7, and 31855.9 of
the Government Code, relating to county employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1355, as introduced, Fong. County employees' retirement:
survivor's allowances.
   The County Employees Retirement Law of 1937 (CERL) authorizes a
county to provide specified optional survivor's allowances to members
who receive retirement benefits pursuant to both CERL and federal
social security on a nonintegrated basis. CERL provides that these
survivor's allowances shall be calculated according to one of 2
alternative methods.
   This bill would appropriately cross-reference an alternative
method of calculating survivor's allowances, as described above. The
bill would also make technical changes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 31855.5 of the Government Code is amended to
read:
   31855.5.  Upon the death of a member prior to retirement who was a
member continuously for not less than 18 months immediately prior to
the member's death, the member's surviving spouse shall be paid a
monthly survivor's allowance equal to the sum, based upon the
appropriate factual circumstances, specified in Section 31855.8 
or 31588.12  .
  SEC. 2.  Section 31855.6 of the Government Code is amended to read:

   31855.6.  Upon the death of a member prior to retirement who was a
member continuously for not less than 18 months immediately prior to
the member's death and who is survived by one or more children but
no surviving spouse,  such   the  child or
children shall be entitled to a monthly survivor's allowance as
specified in Section 31855.8  or 31588.12  . The monthly
survivor's allowance of two or more children shall be divided equally
as to  such   those  children.
  SEC. 3.  Section 31855.7 of the Government Code is amended to read:

   31855.7.  Upon the death of a member prior to retirement who was a
member continuously for not less than 18 months immediately prior to
the member's death, the member's surviving parent or parents shall
be entitled to a monthly survivor's allowance as specified in Section
31855.8  or 31588.12  .
  SEC. 4.  Section 31855.9 of the Government Code is amended to read:

   31855.9.  Upon the death of a member prior to retirement who was a
member continuously for not less than 18 months immediately prior to
his death who is survived by a spouse with whom the member was
living at the time of death, the retirement system shall pay to
 such   the  surviving spouse, in addition
to all other payments due, if any, a lump sum supplemental
survivorship benefit of two hundred fifty-five dollars ($255), as set
forth in Section 31855.8  or 31588.12  . If  such
  the  member is not survived by a spouse with whom
the member was living, the retirement system shall apply 
such   a  lump sum supplemental survivorship
benefit to reimburse the person who paid the funeral expenses of
 such   the  member  to 
 in  an amount not to exceed two hundred fifty-five dollars
($255).