BILL ANALYSIS
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: SB 345
Lou Correa, Chair Hearing date: April 27, 2009
SB 345 (Negrete McLeod) as amended 3/31/09
FISCAL: NO
'37 ACT: SAN BERNARDINO COUNTY: SPECIAL DEATH BENEFIT
CHANGE TO APPLY TO ALL SAFETY MEMBERS WHO DIE BEFORE
RETIREMENT
HISTORY :
Sponsor: San Bernardino County Deputy Sheriffs'
Association
Prior legislation: none
SUMMARY :
Would provide, in San Bernardino County only upon the
adoption of the Board of Supervisors, that the safety
members' special death benefit paid to a surviving
beneficiary shall be based upon the salary of the then-active
safety member employed in the job classification applicable
to the deceased member at the time of injury or death.
BACKGROUND :
1) What is the County Employees Retirement Act of 1937 and
who participates ?
The committee is advised that 20 counties have formed their
own retirement systems under the County Employees Retirement
Act of 1937 ('37 Act). These '37 Act retirement systems are
run by the county, with a county board of retirement
administering the county system. The statutes governing '37
Act systems are determined in the legislative process and
signed into law by the Governor.
ANALYSIS :
David Felderstein
Date: 4/17/09 Page 1
1) What is the '37 Act special death benefit for survivors
of deceased safety members ?
Existing '37 Act law provides that a survivors of a safety
member who is killed in the line of duty or as a result of
injuries incurred in the performance of their duties shall
receive a lifetime monthly benefit equal to the benefit they
would have received had the deceased safety member been
retired on service-connected disability when the safety
member died. This monthly survivor benefit is called the
special death benefit for survivors of deceased safety
members.
David Felderstein
Date: 4/17/09 Page 2
2) What "final compensation" (salary and other specific pay
items) is the '37 Act special death benefit survivor
allowance based upon ?
Existing '37 Act law provides that the special death benefit
is based on the "final compensation" the deceased member at
the time of their death. The special death benefit paid to
the survivor of the deceased safety member is then adjusted
annually by a cost of living adjustment (COLA) determined in
statute, generally limited to 2% per year .
3) This bill would provide, in San Bernardino County only
upon the adoption of the Board of Supervisors , that the
safety members' special death benefit paid to a surviving
beneficiary shall be based upon the salary of the then-active
safety member employed in the job classification applicable
to the deceased member at the time of injury or death.
COMMENTS :
1) Arguments in support
The sponsor, PORAC, states:
"Currently, CalPERS law states that when a peace officer
has been killed in the line of duty, their surviving spouse
shall receive their salary and benefits, plus any increases
to that salary and benefits the officer would have received
if he or she were still on active duty. However, if a
peace officer is employed by one of the 1937 Retirement Act
Counties, which are governed under separate retirement law,
the spouse is not eligible for the increases the officer
would have received. Some counties offer cost of living
adjustments, but any other increases in salary that would
have been given to the officer are not available for the
surviving spouse. This means that if an officer dies early
in his or her career, the salary and benefits the spouse
receives over time are often less than what the officer
would have been earning, had they still been on active
duty.
SB 345 Seeks to remedy this inconsistency by allowing
David Felderstein
Date: 4/17/09 Page 3
spouses of fallen San Bernardino County Peace Officers,
members of one of California's 37 Act Counties, the ability
to receive the same benefits already afforded CalPERS
members."
2) SUPPORT :
Peace Officers Research Association of California
(PORAC)
San Bernardino County District Attorney's Office
San Bernardino County Safety Employees' Benefit
Association (SEBA)
San Bernardino County Sheriff's Office
3) OPPOSITION :
None to date
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David Felderstein
Date: 4/17/09 Page 4