BILL NUMBER: SB 345	CHAPTERED
	BILL TEXT

	CHAPTER  583
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  AUGUST 24, 2009
	PASSED THE ASSEMBLY  AUGUST 17, 2009
	AMENDED IN ASSEMBLY  JUNE 4, 2009
	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, 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 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 7th class.


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 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 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 or
eligible children 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.