BILL NUMBER: SB 345	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 31, 2009

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 amended, 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  would have been entitled
to retirement as a result of a service-connected disability, but
dies prior to retirement, as provided  .
   This bill would require the special death benefit payable to the
surviving spouse  or eligible children  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,   Section 31787, the final compensation upon
which  the special death benefit  is calculated  for
the eligible surviving spouse  or eligible children  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   his or her duty,
shall be increased at any time the increase is effective  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   eligible beneficiary  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.