Text of CA AB 2673 (2008)

skip to content home accessibility FAQ feedback sitemap login x Quick Search: Bill Number Bill Keyword Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Information >> Bill Search >> Text Bill Text PDF2 Add To My Favorites | Version: 07/22/08 - Chaptered 07/07/08 - Enrolled 02/22/08 - Introduced AB-2673 County employees’ retirement: death benefits.(2007-2008) Text >> Votes >> History >> Bill Analysis >> Today's Law As Amended >> Compare Versions >> Status >> Comments To Author >> Add To My Favorites >> SHARE THIS: Bill Start Assembly Bill No. 2673 CHAPTER 197 An act to amend Section 31780.2 of the Government Code, relating to county employees’ retirement. [ Approved by Governor July 22, 2008. Filed with Secretary of State July 22, 2008. ] LEGISLATIVE COUNSEL'S DIGEST AB 2673, Feuer. County employees’ retirement: death benefits. Existing law provides that registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, as are granted to and imposed upon spouses. The County Employees Retirement Law of 1937 provides that any death benefits, optional retirement allowances, or survivor’s allowances accorded to a spouse may be accorded to a domestic partner. This bill would make the above provision of the County Employees Retirement Law of 1937 inapplicable to any member whose death occurs on or after January 1, 2009. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 31780.2 of the Government Code is amended to read: 31780.2. (a) Any benefits accorded to a spouse pursuant to this article and Article 11 (commencing with Section 31760), Article 15.5 (commencing with Section 31841), Article 15.6 (commencing with Section 31855), and Article 16 (commencing with Section 31861), or any of them, may be accorded to a domestic partner, as defined in Section 297 of the Family Code, who is registered with the Secretary of State pursuant to Division 2.5 (commencing with Section 297) of the Family Code. The county may also require the member and the member’s domestic partner to have a current Affidavit of Domestic Partnership, in the form adopted by the county board of supervisors, on file with the county for at least one year prior to the member’s retirement or death prior to retirement. (b) If a member described in subdivision (a) has a surviving dependent child, the surviving dependent child shall receive the death and survivor’s allowance until 18 years of age or until married, whichever occurs earlier, or until 22 years of age if enrolled as a full-time student in an accredited educational institution. When the member’s surviving dependent child reaches 18 years of age or is no longer a dependent, whichever occurs earlier, or reaches 22 years of age if enrolled as a full-time student in an accredited educational institution, then the benefits accorded to a spouse, as specified in subdivision (a), may be accorded to a domestic partner pursuant to this section. However, if a surviving dependent child elects to receive a lump-sum payment, the lump-sum payment shall be shared among any surviving dependent children and the domestic partner, pursuant to this section, in a proportional manner. (c) This section is not operative unless and until the county board of supervisors, by resolution adopted by a majority vote, makes this section operative in the county. In a county of the 10th class, as defined in Sections 28020 and 28031, the county board of supervisors may implement the benefits described in this section as determined through the collective bargaining process and based on actuarial cost estimates. (d) This section shall not apply to any member whose death occurs on or after January 1, 2009.