BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 345|
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UNFINISHED BUSINESS
Bill No: SB 345
Author: Negrete McLeod (D)
Amended: 6/4/09
Vote: 21
SENATE PUBLIC, EMPLOYMENT & RETIRE. COMM : 7-0, 4/27/09
AYES: Correa, Ashburn, Benoit, Ducheny, Liu, Padilla,
Wiggins
SENATE FLOOR : 36-0, 5/11/09
AYES: Aanestad, Alquist, Ashburn, Benoit, Cogdill,
Corbett, Correa, Cox, Denham, DeSaulnier, Ducheny,
Dutton, Florez, Hancock, Harman, Hollingsworth, Huff,
Kehoe, Leno, Liu, Lowenthal, Maldonado, Negrete McLeod,
Oropeza, Padilla, Pavley, Romero, Runner, Steinberg,
Strickland, Walters, Wiggins, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Calderon, Cedillo, Simitian
ASSEMBLY FLOOR : 74-1, 08/17/09 - See last page for vote
SUBJECT : San Bernardino County: safety members: death
benefits
SOURCE : Peace Officer Research Association of
California
DIGEST : This bill provides, in San Bernardino County
only upon the adoption of the Board of Supervisors, that
the safety members' special death benefit paid to a
surviving spouse or eligible child shall be based upon the
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salary of the then-active safety member employed in the job
classification applicable to the deceased member at the
time of injury or death.
Assembly Amendments removed the term "beneficiary" and
replaced it with "spouse or eligible child."
ANALYSIS : 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.
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.
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
determined in statute, generally limited to two percent per
year.
This bill provides, in San Bernardino County only upon the
adoption of the Board of Supervisors, that the safety
members' special death benefit paid to a surviving spouse
or eligible child 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
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SUPPORT : (Verified 8/18/09)
Peace Officer Research Association of California (source)
San Bernardino County District Attorney's Office
San Bernardino County Safety Employees' Benefit Association
San Bernardino County Sheriff's Office
ARGUMENTS IN SUPPORT : 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
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."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Bill Berryhill, Tom
Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Coto, Davis, De La Torre, De Leon, DeVore,
Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,
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Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Yamada, Bass
NOES: Anderson
NO VOTE RECORDED: Cook, Furutani, Smyth, Villines
DLW:nl 8/18/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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