BILL NUMBER: SB 345	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 25, 2009

   An act to add Section 31787.65 to the Government Code, relating to
death benefits.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 345, as introduced, Negrete McLeod. Government of counties:
death benefits.
   Existing law prescribes special death benefits that are payable to
the surviving spouse and children of a safety member of a county
retirement system, who is killed in the performance of duty or who
dies as a result of an accident or injury incurred in the performance
of his or her duty.
   This bill would require the special death benefit payable to the
surviving spouse of a safety member, employed by San Bernardino
County, to increase at any time and to the extent the compensation is
increased for then-active members, as specified.
   This bill also requires that this section will not become
operative until adopted by resolution by the Board of Supervisors of
a county of the seventh class.
   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 31787.65 is added to the Government Code, to
read:
   31787.65.  (a) For purposes of Sections 31787.5 and 31787.6, the
special death benefit for the eligible surviving spouse of a safety
member killed in the performance of duty or who dies as a result of
an accident or injury caused by external violence or physical force,
incurred in the performance of his or her duty, shall be deemed to
increase at any time and to the extent the compensation is increased
for then-active members employed in the job classification and
membership category that was applicable to the deceased member at the
time of the injury, or the onset of the disease, causing death. The
deceased member's final compensation shall be deemed to be subject to
further increases hereunder only until the earlier of (1) the death
of the surviving spouse or (2) the date that the deceased member
would have attained the age of 50 years.
   (b) This section applies only to a county of the seventh class, as
defined by Sections 28020 and 28028, as amended by Chapter 1204 of
the Statutes of 1971, and shall not be operative until the Board of
Supervisors, by resolution, makes this section applicable in the
county. A resolution to make this section operative in the county
shall specify whether these provisions apply retroactively or
prospectively only.