BILL ANALYSIS
SB 345
Page 1
Date of Hearing: July 8, 2009
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Ed Hernandez, Chair
SB 345 (Negrete McLeod) - As Amended: June 4, 2009
SENATE VOTE : 36-0
SUBJECT : Government of counties: death benefits.
SUMMARY : Requires, in San Bernardino County only and only upon
the adoption of the Board of Supervisors, that the special death
benefit paid to a surviving spouse or eligible children of a
safety member killed in the line of duty be increased when the
compensation is increased for active members in his or her final
job classification and membership category. The special death
benefit will be increased only until the earlier of the death of
the surviving spouse or eligible children or the date that the
deceased member would have reached age 50.
EXISTING LAW :
1)As established under the County Employees' Retirement Law of
1937 ('37 Act) provides that a survivors of a safety member of
a '37 Act county retirement system 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.
2)'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 determined in statute, generally
limited to two percent per year.
3)As enacted by AB 2621 (Rod Pacheco), Chapter 1031, Statutes of
2000, increases the special death benefit allowance provided
to eligible survivors of safety members of the California
Public Employees' Retirement System (CalPERS) who are killed
SB 345
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in the line of duty when the compensation is increased for
active members in his or her final job classification and
membership category until the deceased member would have
reached age 50.
FISCAL EFFECT : Unknown.
COMMENTS : Supporters state, "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 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."
REGISTERED SUPPORT / OPPOSITION :
Support
Peace Officers Research Association of California
San Bernardino County Board of Supervisors
San Bernardino County Safety Employees Benefit Association
San Bernardino District Attorney, Michael A. Ramos
San Bernardino Sheriff-Coroner, Rod Hoops
Opposition
None on file
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957